Key Benefits:
Minister of Agriculture and Fisheries and Minister of Budget, Public Accounts and Public Service,
Having regard to Council Regulation (EEC) No. 2913/92 of 12 October 1992 establishing the Community Customs Code;
In light of Council Directive 2000/29/EC of 8 May 2000 amended on measures to protect against the introduction in the Community of pests to plants or plant products and their spread within the Community;
In light of Commission Directive 2001/32/EC of 8 May 2001 which was amended recognizing protected areas, exposed to particular phytosanitary hazards, in the Community and repealing Directive 92/76/EEC;
In light of Commission Directive 2001/33/EC of 8 May 2001 amending certain annexes to Council Directive 2000/29/EC of 8 May 2000 on measures to protect against the introduction in the Community of pests to plants or plant products and their spread within the Community;
In light of Commission Directive 2002/28/EC of 19 March 2002 amending certain annexes to Council Directive 2000/29/EC concerning measures to protect against the introduction of pests to plants or plant products in the Community and their spread within the Community;
In view of Commission Directive 2002/29/EC of 19 March 2002 amending Directive 2001/32/EC with respect to certain protected areas, exposed to particular phytosanitary hazards, in the Community;
In light of Commission Directive 2002/36/EC of 29 April 2002 amending certain annexes to Council Directive 2000/29/EC concerning measures to protect against the introduction of pests in the Community to plants or plant products and their spread within the Community;
In light of Council Directive 2002/89/EC of 28 November 2002 amending Directive 2000/29/EC on measures to protect against the introduction in the Community of pests to plants or plant products and their spread within the Community;
In light of Commission Directive 2003/22/EC of 24 March 2003, amending certain annexes to Council Directive 2000/29/EC on measures to protect against the introduction of pests in the Community to plants or plant products and their spread within the Community;
In light of Commission Directive 2003/47/EC of 4 June 2003, amending Schedules II, IV and V of Council Directive 2000/29/EC on measures to protect against the introduction in the Community of pests to plants or plant products and their spread within the Community;
In light of Commission Directive 2003/116/EC of 4 December 2003 amending annexes II, III, IV and V of Council Directive 2000/29/EC with respect to the harmful organism Erwinia amylovora (Burr.) Winsl. et al.;
In light of Commission Directive 2004/31/EC of 17 March 2004 amending Appendices I, II, III, IV and V of Council Directive 2000/29/EC on measures to protect against the introduction in the Community of pests to plants or plant products and their spread within the Community;
In light of Commission Directive 2004/70/EC of 28 April 2004 amending Council Directive 2000/29/EC on measures to protect against the introduction in the Community of pests to plants or plant products and their spread within the Community (text of interest to the EEA);
In light of Commission Directive 2004/102/EC of 5 October 2004 amending Appendices II, III, IV and V of Council Directive 2000/29/EC on measures to protect against the introduction in the Community of pests to plants or plant products and their spread within the Community;
Having regard to Commission Directive 2004/103/EC of 7 October 2004 on the identification and health checks of plants, plant products and other objects listed in Appendix V, Part B, of Council Directive 2000/29/EC, which may be carried out in another place other than the point of entry in the Community or in a nearby location, and establishing the conditions governing these controls;
In light of Commission Directive 2004/105/EC of 15 October 2004 establishing models of official phytosanitary certificates or phytosanitary re-export certificates, accompanying plants, plant products or other objects regulated by Council Directive 2000/29/EC from third countries;
In light of Commission Directive 2005/16/EC of 2 March 2005 amending Appendices I to V of Council Directive 2000/29/EC on measures to protect against the introduction in the Community of pests to plants or plant products and their spread within the Community;
In light of Commission Directive 2005/17/EC of 2 March 2005 amending certain provisions of Directive 92/105/EEC on Phytosanitary Passports;
In view of Commission Directive 2005/18/EC of 2 March 2005 amending Directive 2001/32/EC with respect to certain protected areas, exposed to particular phytosanitary hazards, in the Community;
In light of Commission Directive 2005/77/EC of 11 November 2005 amending Appendix V to Council Directive 2000/29/EC on measures to protect against the introduction in the Community of pests to plants or plant products and their spread within the Community;
In light of Commission Directive 2006/14/EC of 6 February 2006 amending Appendix IV to Council Directive 2000/29/EC on measures to protect against the introduction in the Community of pests to plants or plant products and their spread within the Community;
In light of Commission Directive 2006/35/EC of 24 March 2006 amending Appendices I to IV of Council Directive 2000/29/EC on measures to protect against the introduction in the Community of pests to plants and plant products and their spread within the Community;
In light of Commission Directive 2006/36/EC of 24 March 2006 amending Directive 2001/32/EC recognizing protected areas, exposed to particular phytosanitary hazards, in the Community, and repealing Directive 92/76/EC;
In view of Commission Directive 2007/40/EC of 28 June 2007 amending Directive 2001/32/EC recognizing protected areas, exposed to particular phytosanitary hazards, in the Community;
In light of Commission Directive 2007/41/EC of 28 June 2007 amending certain annexes to Council Directive 2000/29/EC on measures to protect against the introduction of pests to plants and plant products in the Community and their spread within the Community;
Considering the rural code, including articles L. 251-3 to L. 251-20 and D. 251-1 to R. 251-41;
Considering the Customs Code, including Article 38;
Having regard to the amended decision of 31 July 2000 establishing a list of plant pests, plant products and other objects subject to mandatory control measures;
Having regard to the order of 17 June 2005 setting the tariffs for phytosanitary control at importation;
Based on the May 24, 2006 Health Requirements for Plants, Plants and Other Objects,
Stop:
Item 7 of section 1 of the above-mentioned decision of 24 May 2006 is replaced by the following provisions:
« 7. Territories of the European Community:
- Federal Republic of Germany, Federal Republic of Austria, Kingdom of Belgium, Republic of Bulgaria, Republic of Cyprus, Kingdom of Denmark, Kingdom of Spain including the Canary Islands, Republic of Estonia, French Republic, Republic of Finland, United Kingdom of Great Britain and Northern Ireland, Hellenic Republic, Republic of Hungary, Ireland, Italian Republic, Republic of Latvia, Republic of Lithuania, Slovak Republic of Luxembourg, Republic of Malta »
After item 8 of article 1 of the above-mentioned decision of 24 May 2006, a point 8-1 is inserted as follows:
"8-1. Russia:
- When the term "Russia is explicitly used in the annexes to this Order, it is necessary to consider the entire territory and areas of Russia, whether they are located in the east or west of the 60th Meridian of longitude. »
After article 7 of the above-mentioned decision of 24 May 2006, an article 7-1 is inserted as follows:
"Art. 7-1. - Special provisions.
Lists of pests and lists of plants, plant products and other objects subject to phytosanitary requirements set out in sections 2 to 7 of this Order shall be determined without prejudice to the specific requirements and conditions contained in derogations, equivalent measures or emergency measures subject to Commission decisions. »
In item I of Article 18 of the above-mentioned Order of May 24, 2006, the words: "In parallel to the placement under an adequate customs regime" are replaced by the words: "In parallel to the formalities prescribed for the placement under an adequate customs regime".
In item IV of Article 18 of the above-mentioned decision of 24 May 2006, the words: "The information to be included in this document is specified in the document model set out in Appendix VII to this Order. are replaced by the words: "The information to be included in this document is specified in the document template in Appendix VII of this Order and must include a Phytosanitary Pass. »
In item IV of Article 18 of the above-mentioned decision of May 24, 2006, the words: "In the process of Customs clearance" are replaced by the words: "In the process of Customs clearance or transit as referred to in the III-B of this article,".
After point IV of Article 18 of the above-mentioned decision of 24 May 2006, it is inserted a point V of Article 18 as follows:
"In the event of the transit of non-community goods in the national territory and when the controls referred to in the II of this Article have been carried out in another Member State, proof of the fulfilment of these controls by the official body of the entry point must be required to support the declaration in customs when the customs procedures are being carried out. »
The second paragraph of section 19 of the above-mentioned decision of 24 May 2006 is replaced by the following provisions:
"When the community entry point is located in the national territory, the agents referred to in Article L. 251-18, of the rural code responsible for the entry point, at the conclusion of the controls, issue a phytosanitary transport document attesting to their completion. The information to be included in this document is specified in the document template in Annex VII to this Order. These agents certify, by affixing the service cachet and the date on this document, the controls that have been performed. They mention on this document the amount corresponding to the shares of the phytosanitary royalty referred to in Article L. 251-17 of the rural code relating to these controls. The competent customs officers at the point of entry receive this amount. »
In point II of section 20 of the above-mentioned decision of May 24, 2006, the words: "The application for approval includes" are replaced by the words: "The application for approval, initial or renewal, includes".
In point II (a), fifth indent, of article 20 of the above-mentioned decision of May 24, 2006, the words: " - the duration of the approval;" are replaced by the words: " - the duration of the approval, the maximum duration being fixed to one year for the initial approval and to 3 years for a renewal of approval; "
In point II (a), the eighth indent, of article 20 of the above-mentioned decision of 24 May 2006, the words: " - the proposed entry point in the European Community;" are replaced by the words: " - the proposed entry point(s) in the European Community; "
In item III of Article 20 of the above-mentioned Order of May 24, 2006, the words: "After examination of the technical record by the official organism of the entry point and on its proposal, the prefect and approved by prefectural order the place proposed as an approved inspection place. "After examination of the technical file by the official organism of the destination point and on its proposal, the prefect shall issue an initial approval or a renewal of approval for a maximum period of 1 year or 3 years, respectively, by prefectural order, for the place proposed as an approved inspection place. "
In Article 23 of the Order of May 24, 2006, the words: "The transport phytosanitary document refers to this agreement. "The phytosanitary transport document, issued by the official body of the member State concerned at the end of the control, contains the information required in accordance with the model set out in Annex VIII to this Order. It is indicated on the transport phytosanitary document that the official bodies of the Member States have reached an agreement. »
Point I of section 24 of the above-mentioned decision of 24 May 2006 is replaced by the following provisions:
"I. - The agents mentioned in I of Article L. 251-18 of the rural code responsible for the place of destination shall, at the conclusion of the controls, issue a document attesting to their implementation. The information to be included in this document is specified in the document template in Annex VII to this Order. These agents certify, by affixing the service cachet and the date on this document, the controls that have been performed. They mention on this document the amount corresponding to the shares of the phytosanitary royalty referred to in Article L. 251-17 of the rural code relating to these controls. During the clearance process, the competent customs officers at the place of destination receive this amount. »
The provisions of Annex II, Part B, of the above-mentioned Order dated 24 May 2006 are replaced by the following provisions:
“Part B
Pests referred to in Part B of Annex II to Directive 2000/29/EC of 8 May 2000 in its drafting by Commission Directive 2007/41/EC of 28 June 2007. »
The provisions of Schedule IV, Part B, of the above-mentioned Order dated 24 May 2006 are replaced by the following provisions:
“Part B
Vegetables, plant products and other objects referred to in Part B of Annex IV to Directive 2000/29/EC of 8 May 2000 in its drafting by Commission Directive 2007/41/EC of 28 June 2007. »
The provisions of Schedule V, Part A, of the above-mentioned Order dated 24 May 2006 are replaced by the following provisions:
“Part A
Vegetables, plant products and other objects referred to in Part A of Annex V to Directive 2000/29/EC of 8 May 2000 in its drafting by Commission Directive 2007/41/EC of 28 June 2007. »
The provisions of Annex VI to the above-mentioned Order dated 24 May 2006 are replaced by the following:
"The zones mentioned in the annex to Directive 2001/32/EC of 8 May 2001 in its drafting from Directive 2007/40/EC of the Commission of 28 June 2007. »
The provisions of Annex VII to the above-mentioned Order dated 24 May 2006 are replaced by the provisions set out in Appendix I to this Order.
After Appendix VII of the above-mentioned decision of 24 May 2006, an annex VIII is added as contained in annex II to this Order.
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.
A N N E X E I
You can see the table in the OJ
n° 252 of 30/10/2007 text number 14
A N N E X E I
You can see the table in the OJ
n° 252 of 30/10/2007 text number 14
Done in Paris, 23 October 2007.
Minister of Agriculture and Fisheries,
For the Minister and by delegation:
The Chief Food Officer,
J.-M. Bournigal
Minister of Budget, Public Accounts
and the Public Service,
For the Minister and by delegation:
The Chief Customs Officer
and indirect rights,
J. Fournel
