Advanced Search

Decree Of 18 October 2002 Establishing Specific Measures Applicable To Certain Products Of Bovine Origin Dispatched From The United Kingdom And Amending The Decree Of 24 July 2001, Amended, Pursuant To Article 38-5 Of The Customs Code

Original Language Title: Arrêté du 18 octobre 2002 établissant des mesures particulières applicables à certains produits d'origine bovine expédiés du Royaume-Uni et modifiant l'arrêté du 24 juillet 2001 modifié portant application de l'article 38-5 du code des douanes

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Summary


Application of the amended EC Regulation 1760/2000 of the European Parliament and of the Council of 17-07-2000 establishing a system for the identification and registration of cattle and for the labelling of bovine meat and products based on bovine meat and repealing the EC Regulation 820/97 of the Council; of the amended EC Regulation 999/2001 of the European Parliament and of the Council of 22-05-2001 establishing the rules for the prevention, control and eradication of certain goods Appendix I to the Order dated 24-07-2001 is replaced by Appendix II to this Order. Repeal of the Order of 28-10-1998 as amended by the Order of 11-10-1999.

Keywords

PRODUCTION, PRODUCTION, PRODUCTION, PRODUCTION,

Subsequent links




JORF n°250 of 25 October 2002 page 17698
text No. 40



Order of October 18, 2002 establishing specific measures applicable to certain products of bovine origin shipped from the United Kingdom and amending the amended dated July 24, 2001 pursuant to section 38-5 of the Customs Code

NOR: AGRG0202270A ELI: https://www.legifrance.gouv.fr/eli/arrete/2002/10/18/AGRG0202270A/jo/texte


The Minister of Agriculture, Food, Fisheries and Rural Affairs, the Minister Delegate for Budget and Budget Reform and the Secretary of State for Small and Medium Enterprises, Trade, Crafts, Professionals and Consumer Affairs,
Having regard to amended Regulation (EC) No. 1760/2000 of the European Parliament and Council of 17 July 2000 establishing a system for the identification and registration of cattle and for the labelling of bovine meat and beef products and repealing Council Regulation (EC) No. 820/97;
Having regard to amended Regulation (EC) No. 999/2001 of the European Parliament and Council of 22 May 2001 establishing the rules for the prevention, control and eradication of certain communicable spongiform encephalopathies;
Having regard to Council Directive 89/662/EEC of 11 December 1989 on veterinary controls applicable in intra-community exchanges with a view to achieving the domestic market;
In view of the Commission's amended decision 98/256/EC of 16 March 1998 on certain emergency protection measures against bovine spongiform encephalopathy amending Decision 94/474/EC and repealing Decision 96/239/EC;
Considering the rural code, including articles L. 236-1 and L. 237-3;
Considering the Customs Code, including articles 38-1 and 38-5;
In view of the amended Decree No. 71-636 of 21 July 1971 for the application of articles 258, 259 and 262 of the rural code and concerning the health and quality inspection of living animals and animal or animal products;
In view of the amended Decree of 24 July 1990 prohibiting the use of certain animal-origin proteins in the feeding and manufacturing of feeds for animals of the bovine species;
In view of the amended Decree of 24 July 1990 prohibiting the use of certain animal-origin proteins and fats in the feeding and manufacturing of animal feeds and setting additional conditions for the marketing, exchange, import and export of certain animal products intended for animal feed and for the manufacture of animal feeds;
Considering the amended decision of 17 March 1992 on the conditions to be met by the establishments engaged in the preparation and placing on the market of meats of cut, boned or not butchery animals;
Considering the amended decision of 22 December 1992 on hygienic and sanitary conditions for the production and exchange of melted animal fats, meat extracts or products based on outcomes other than those presented in fresh, chilled or frozen state;
Considering the amended decision of 22 December 1992 on hygienic and sanitary conditions for the production and exchange of stomachs, bladders and hoses cleaned, salted or dried and/or heated;
Having regard to the amended decision of 22 January 1993 on hygienic and sanitary conditions of production, marketing and exchange of meat products;
Considering the amended Order of May 2, 1994, setting the sanitary conditions for the preparation of pet foods;
Considering the Order of September 25, 1995 on sanitary conditions governing intra-community exchanges of certain animal products;
Having regard to the amended decision of 29 February 1996, setting sanitary conditions for the production and marketing of minced meat and meat preparations;
Having regard to the decision of 11 March 1996 on health rules and veterinary controls applicable to products of animal origin from another Member State of the European Community and having the status of community goods;
Having regard to the amended decision of 15 June 2001 on sanitary conditions governing the marketing, trade, import and export of certain animal products intended for the supply and manufacture of pet foods;
Having regard to the amended dated 24 July 2001 pursuant to Article 38-5 of the Customs Code;
Considering the amended decision of 10 August 2001 on the prohibition of imports of certain ruminant tissues at risk from communicable subacute spongiform encephalopathies for human food;
Having regard to the amended Decree of 23 August 2001 on sanitary conditions governing the use, marketing, trade, imports and exports of certain animal products intended for animal feed and the manufacture of animal feeds or other uses;
Based on the advice of the French Food Safety Agency dated October 15 and 16, 2002,
Stop:

Article 1 Learn more about this article...


Introducing the following products from or from the United Kingdom in France is prohibited:
(a) Meat flours, bone flours and meat and bone flours from mammals, mentioned by the decree of September 25, 1995 referred to above;
(b) Animal feeds containing the products mentioned in point a;
(c) Fertilizers containing the products mentioned in point a.

Article 2 Learn more about this article...


By derogation from Article 1st, the introduction to France from the United Kingdom of foods for domestic carnivores containing materials referred to in Article 1(a), without prejudice to the provisions of the decrees of 24 July 1990, 15 June 2001 and 23 August 2001 referred to above, is authorized subject to:
- that the materials mentioned in item 1 (a) in the composition of these foods are not from the United Kingdom;
- that the establishments of the United Kingdom from which they originate and, where appropriate, by which they have transited are approved by the competent authority and that such approvals have been notified to the French authorities in accordance with the provisions of Commission decision 98/256/EC;
- be carried in a means of transport sealed by the competent authority;
- be accompanied by a health certificate issued by an official veterinarian specifying all establishments where they have been obtained, processed, handled or stored and bearing the mention: "Product in accordance with the provisions of Commission Decision 98/256/EC";
- that the United Kingdom, prior to each shipment, informs the veterinary services responsible for the control of the receiving establishment by ANIMO message or by fax.

Article 3 Learn more about this article...


The introduction in France of fresh meats, chopped meats, meat preparations, meat products and any products that may enter the human and animal food chain obtained from cattle, originating in or from the United Kingdom, is prohibited.

Article 4 Learn more about this article...


By derogation from Article 3 and without prejudice to the provisions of the above-mentioned Order of August 10, 2001, the introduction in France of fresh meats, minced meats, meat preparations and meat products obtained from bovine slaughtered in the United Kingdom, including, on the one hand, for Northern Ireland, cattle derived from the export scheme based on the certification of
- the abattoir, the cutting workshop, the processing workshop and the refrigeration warehouse located in the United Kingdom, from which they originate and, where applicable, through which they have transited are approved by the competent authority and that these approvals have been notified to the French authorities in accordance with the provisions of Commission Decision 98/256/EC referred to above;
- fresh meat, with the exception of only fresh meat from animals under nine months of age, is boned and all adhering tissues, including apparent lymphoid and nervous tissues, are removed from a UK cut-off workshop in accordance with the provisions of Commission Decision 98/256/EC;
- fresh meats, chopped meats, meat preparations and meat products are:
(i) identified or labelled by means of an additional mark, distinct from the safety mark, as specified in Annex I;
(ii) transported to France in a sealed means of transport as specified in annex I;
(iii) accompanied by a health certificate issued by an official UK veterinarian specifying the establishments where they were obtained, processed, manipulated or stored as well as all the labels and relevant numbers of the lot guaranteeing the traceability of each individual unit and bearing the mention: "Product in accordance with the provisions of Commission Decision 98/256/EC". For fresh meats, the above-mentioned health certificate is the one referred to in Appendix II of the 17 March 1992 order which was duly supplemented and bearing the above-mentioned mention.

Article 5 Learn more about this article...


By derogation from Article 3 and without prejudice to the provisions of the above-mentioned Decrees of 24 July 1990, 15 June 2001 and 23 August 2001, the introduction in France of foods for domestic carnivores obtained from cattle slaughtered in the United Kingdom including, on the one hand, for Northern Ireland, cattle derived from the Herd Herd export scheme based on the certification of herds, says ECHS (Export-Certified

Article 6 Learn more about this article...


By derogation from Article 3 and without prejudice to the provisions of the above-mentioned Order of August 10, 2001, the introduction to France from the United Kingdom of fresh meats, chopped meats, meat preparations, meat products and other animal products obtained from cattle that have not been shot in the United Kingdom is permitted subject to:
- that the establishments of the United Kingdom of which they originate and, where appropriate, by which they have transited are approved by the competent authority and that such approvals have been notified to the French authorities in accordance with the provisions of Commission decision 98/256/EC referred to above;
- whether meats and products are identified or labeled by means of an additional mark, distinct from the safety mark, as defined in Annex I;
- be carried in a sealed means of transport in accordance with the terms specified in Annex I;
- be accompanied by a health certificate issued by an official veterinarian specifying the establishments where they were obtained, processed, manipulated or stored as well as all the labels and relevant numbers guaranteeing the traceability of each individual unit concerning the lot and bearing the mention: "Product in accordance with the provisions of Commission Decision 98/256/EC". Fresh meats must be accompanied by a certificate duly completed in accordance with the model in Appendix II of the aforementioned 17 March 1992 Order.

Article 7 Learn more about this article...


By derogation from Article 3 and without prejudice to the provisions of the above-mentioned Decrees of 24 July 1990, 15 June 2001 and 23 August 2001, the introduction to France from the United Kingdom of domestic carnivorous food obtained from cattle that have not been shot in the United Kingdom is authorized subject to:
- that the production establishments and warehouses of which they originate and, where appropriate, by which they have transited are located in the United Kingdom and be approved by the competent authority and that such approvals have been notified to the French authorities in accordance with the provisions of Commission decision 98/256/EC referred to above;
- that food for domestic carnivores be:
(i) transported to France in a sealed means of transport as specified in annex I;
(ii) accompanied by a health certificate issued by an official veterinarian of the United Kingdom specifying the establishments where they were obtained or stored as well as all the labels and relevant numbers of the lot guaranteeing the traceability of each individual unit and bearing the mention: "Product in accordance with Commission Decision 98/256/EC".

Article 8 Learn more about this article...


The introduction in France of the following products for technical purposes other than the manufacture of cosmetic, medical or pharmaceutical products and obtained from raw materials from bovines shot in the United Kingdom: gelatin, dicalcic phosphate, collagen, suif, suif products and products derived from suif by saponification, transesterification or hydrolysis, is permitted provided that they are identified

Article 9 Learn more about this article...


By derogation from Article 3, and without prejudice to the conditions provided, as the case may be, by the decrees of 10 August 2001, 24 July 1990, 15 June 2001, 23 August 2001 referred to above, the introduction in France of suives, suif products and products derived from the suif obtained by saponification, transesterification or hydrolysis, gelatin, dicalcic phosphate, collagen, amino
- that the establishments of the United Kingdom of which they originate be approved by the competent authority and that such approvals have been notified to the French authorities in accordance with the provisions of Commission decision 98/256/EC referred to above;
- be labelled so as to identify the production facility, indicate that they have been produced in accordance with the provisions of Decision 98/256/EC and, where appropriate, are suitable for human or animal food.

Article 10 Learn more about this article...


Any first recipient of the goods referred to in Articles 2, 4, 5, 6, 7 and 9 of this Order shall be held in accordance with the provisions of Articles 7 and 8 of the Order of 11 March 1996 referred to above:
- to be registered beforehand with the prefect (departmental direction of veterinary services) of the implantation department;
- to keep a register indicating, at their arrival date, the nature, quantity and origin of the foodstuffs and, at the appropriate time, their subsequent use and destination;
- to report to the Departmental Director of Veterinary Services, in accordance with the terms agreed with the Director, the arrival of the products so as to permit control of the products as appropriate.

Article 11 Learn more about this article...


Annex I to the above-mentioned decision of 24 July 2001 is replaced by Appendix II to this Order.
The Order of October 28, 1998 establishing specific measures applicable to certain products of bovine origin shipped from the United Kingdom, as amended by the Order of October 11, 1999, is repealed.

Article 12 Learn more about this article...


The Director General of Food at the Ministry of Agriculture, Food, Fisheries and Rural Affairs, the Director General of Customs and Indirect Rights, the Director General of Competition, Consumption and Suppression of Frauds and the Prefects are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.

Annex


A N N E X E I
IDENTIFICATION, LABELLING AND CIRCULATION OF PRODUCTS
D'ORIGINE BOVINE EXPÉDIÉS DU ROYAUME-UNI
I. - Definitions


For the purpose of this Order, the following means:
(a) Fresh meats: meats as defined in article 2 of the aforementioned 17 March 1992 decree;
(b) minced meats and meat preparations: products as defined in Article 2 of the aforementioned Decree of 29 February 1996;
(c) Meat-based products: products as defined in Article 2 of the aforementioned Decree of 22 January 1993;
(d) Other products of animal origin: products as referred to in Article 2 (b) of Directive 77/99/EEC relating to sanitary problems with respect to intra-community exchanges of meat products;
(e) Food for domestic carnivores: foods as defined in Article 2 a of the above-mentioned Decree of 2 May 1994;
(f) Competent authority: the authority of a competent Member State to conduct veterinary inspections or any other authority to which it has delegated this competence;
(g) Official Veterinary: the veterinarian designated by the competent central authority of the Member State.


II. - Product identification and labelling


A. - Fresh meats, chopped meats, meat preparations, meat products and foods for domestic carnivores obtained from bovines shot in Northern Ireland, cattle derived from the herd certification export scheme, says ECHS (Export-Certified Herds Scheme).
In accordance with the provisions of Articles 4 and 5 of this Order, at the time of their introduction to France, the generated products must be identified or labelled by means of an additional mark distinct from the safety mark.
This mark consists of an equilateral triangle bearing the letters VS in its upper part and ECHS in its lower part.
This mark is displayed on English-language labels, printed on green paper and conforming to the following model:



You can see the table in the OJ
n° 250 of 25/10/2002 page 17698 to 17702



The size of the label is variable. For example, for a standard packaging of 25 kg, it has a size of about 18 x 15 cm. The label must be affixed to be destroyed at the opening of the packaging.
The additional brand previously described must also appear on each sales unit intended to be delivered directly to the end user.
B. - Fresh meats, chopped meats, meat preparations, meat products and foods for domestic carnivores obtained from bovines shot in the UK, cattle derived from the date-based export scheme, known as DBES (Date-Based Export Scheme).
In accordance with the provisions of Articles 4 and 5 of this Order, at the time of their introduction to France, the foodstuffs referred to in this Article developed in establishments in the United Kingdom with a specific approval, says XAPD approval (export-approved dedicated establishment), must be identified or labeled by means of an additional mark distinct from the safety mark.
This mark shall have the following characteristics:
Elongated hexagonal mark, consisting of two straight lines parallel to 4.5 cm long, with a gap between them of 4.5 cm and joints by two shorter sides of equal length forming a tip at each end so that the total length of the tip-to-point mark is 8.5 cm; the mark carries in its upper part the XEL initials and in its lower part the XAPD approval number of the registered establishment in which it is applied. Letters and numbers must have at least 1 centimetre, be legible and indelible.



You can see the table in the OJ
n° 250 of 25/10/2002 page 17698 to 17702




1. Fresh meats and foods not intended to be delivered directly to the end user.
- Fresh meats in carcasses, half-carcases or quarters.
The additional mark described above is applied directly to the meat, ink or fire, by means of a stamp affixed to the shoulder and thigh (four stamps on an entire carcass). Only fresh meats presented in carcasses, half-carcases and quarters can be shipped from the United Kingdom without being packed.
- Fresh meats and foods, including food for domestic carnivores, packed and packed.
The additional mark previously described is affixed to be destroyed at the opening of the packaging. Otherwise, the latter will be designed so as not to be reused.
However, the mark can be preprinted on the individual packaging of each product without the specific label holder with single consecutive serial number.

2. Fresh meats and foods, including food for domestic carnivores, intended to be delivered directly to the end user.
The label on the packaging of these products must include:
- an additional mark identical to that previously described. However, the size requirements of this mark do not apply in this specific case;
- a single consecutive serial number.
The additional mark will be affixed to be destroyed at the opening of the packaging. Otherwise, the latter will be designed so as not to be reused.
However, the mark can be preprinted on the individual packaging of each product without the specific label holder with single consecutive serial number.
C. - Fresh meats, chopped meats, meat preparations and meat products obtained from cattle that were not shot in the United Kingdom.
In accordance with the provisions of Article 6 of this Order, the foodstuffs referred to in this Article, prepared in establishments of the United Kingdom with a specific approval, said XAP (export-approved establishment), shall be identified or labelled by means of an additional mark distinct from the safety mark. These provisions are not applicable to food for domestic carnivores.
This mark shall have the following characteristics:
Elongated hexagonal mark, consisting of two straight lines parallel to 4.5 cm long, with a gap between them of 4.5 cm and joints by two shorter sides of equal length forming a tip at each end so that the total length of the tip-to-point mark is 8.5 cm; the mark carries in its upper part the XAP initials and in its lower part the XAP approval number of the establishment in which it is applied. Letters and numbers must have at least one height of 1 cm, be legible and indelible.



You can see the table in the OJ
n° 250 of 25/10/2002 page 17698 to 17702




1. Fresh meats and foodstuffs, excluding food for domestic carnivores, not intended to be delivered directly to the end consumer.
The previously described additional mark must be on the label on the packaging. This label must also include: "The contents of this package/box were produced in accordance with Council 98/256/EC" and have a unique consecutive serial number.
The additional mark is affixed to be destroyed at the opening of the packaging. Otherwise, the latter will be designed so as not to be reused.
The shipment from the United Kingdom of unpacked fresh meat from untreated cattle in the United Kingdom is not permitted.
2. Fresh meats and foodstuffs, excluding food for domestic carnivores, intended to be delivered directly to the end user.
The additional mark described above shall be affixed under the same conditions as those set out in paragraph II (B, 2) above.
D. - Mixture of fresh meats, chopped meats, meat preparations and meat products obtained from cattle that have not been slaughtered in the United Kingdom and fresh meats, rid of all adhering tissues, including apparent nervous and lymphoid tissues, chopped meats, meat preparations and meat products from United Kingdom.
When they are introduced to France, the foods referred to in this chapter developed in establishments in the United Kingdom with a specific approval, known as XAPD (export-approved dedicated establishment), must be identified or labeled by means of one or two additional marks distinct from the safety mark.
The markings affixed shall have, as the case may be, the following characteristics:
1. If fresh meats, chopped meats, meat preparations and meat products obtained from bovines that have not been slaughtered in the United Kingdom are derived from dried fresh meats, of which all adhering tissues, including apparent lymphoid and nervous tissues, have been removed, upon their introduction to France, the mixture products referred to in this chapter shall be identified or
2. If the fresh meats, chopped meats, meat preparations and meat products obtained from cattle that have not been slaughtered in the United Kingdom are derived from undose fresh meats, of which all adhering tissues, including apparent lymphoid and nervous tissues, have not been removed, at the time of their introduction to France, the mixture products referred to in this chapter shall be in conformity with


III. - Official transport seals


The foodstuffs introduced in France under the exemptions granted by this Order shall be transported in a sealed means of transport.
The official seals used shall, as the case may be, carry the capital letters XAPD or XAP, as defined in chapters II (B) and II (C) of this annex, followed by the approval number of the registered establishment in which or in relation to which the seals are affixed, and a single serial number.


A N N E X E I
A. - BOVINA PRODUCTS AND NON-PLECITED CARNED PRODUCTS
INCLUDING BOVINS, PORTUGAL ORIGINARY
Products specifically bovine


You can see the table in the OJ
n° 250 of 25/10/2002 page 17698 to 17702



Unspecified meat products,
including cattle


You can see the table in the OJ
n° 250 of 25/10/2002 page 17698 to 17702




B. - BOVINA PRODUCTS AND NON-PLECITED CARNED PRODUCTS
INCLUDING BOVINS, UNITED ROYAUME ORIGINARY
Products specifically bovine


You can see the table in the OJ
n° 250 of 25/10/2002 page 17698 to 17702



Unspecified meat products,
including cattle


You can see the table in the OJ
n° 250 of 25/10/2002 page 17698 to 17702


Done in Paris, October 18, 2002.


Minister of Agriculture, Food,

and Rural Affairs,

Hervé Gaymard

Minister for Budget

and budgetary reform,

Alain Lambert

Secretary of State

small and medium-sized enterprises,

trade, crafts,

liberal professions

and consumption,

Renaud Dutreil


Download the document in RTF (weight < 1MB) Facsimile (format: pdf, weight < 3.5 MB) Download the document in RDF (format: rdf, weight < 1 MB)