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Decree Of 22 November 2002 On The Health Requirements Of The Plants, Plant Products And Other Objects

Original Language Title: Arrêté du 22 novembre 2002 relatif aux exigences sanitaires des végétaux, produits végétaux et autres objets

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Summary


Directive 2000/29/EC of the Council of 08-05-2000 concerning measures of protection against the introduction in the Community of pests to plants or plant products and against their spread within the Community; Directive 2001/32/EC of the Commission of 08-05-2001 recognizing protected areas, exposed to specific phytosanitary hazards, in the Community and repealing Directive 92/76/EC; Repeal of the amended Order of 02-09-1993.

Keywords

AGRICULTURE , VEGETAL , VEGETAL PRODUCT , SEMENCE , SANITARY CONTROL , PHYTOSANITARY CERTIFICATE , NUISIBLE ORGANIZING , INTRODUCTION , DISSEMINATION , INTERDICTION , PROTECTION , ZONE PROTEGRACE , LIST , DEROGATION

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JORF n°284 of 6 December 2002 page 20130
text No. 22



Decree of November 22, 2002 on the health requirements of plants, plant products and other objects

NOR: AGRG0202505A ELI: https://www.legifrance.gouv.fr/eli/arrete/2002/11/22/AGRG0202505A/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,
In light of 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 2001/32/EC of 8 May 2001 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;
Considering the rural code, including articles L. 251-3 to L. 251-20;
Considering the Customs Code, including Article 38;
In view of Decree No. 93-1259 of 10 November 1993 on measures for protection against plant pests, plant products and other objects;
In view of the Decree of 31 July 2000 establishing a list of pests to plants, plant products and other objects subject to mandatory control measures,
Stop:

  • Chapter I: General provisions Article 1


    For the purpose of this Order, the following means:
    Plants:
    - living plants and living parts of plants, including seeds.
    Living plant parts include:
    - the fruit, in the botanical sense of the term, having not been the subject of a surge;
    - the vegetables that have not been overgrown;
    - tubers, bulbs, rhizomes;
    - the cut flowers;
    - branches with foliage;
    - the trees and shrubs cut with foliage;
    - scraping or not, grafting;
    - plant tissue crops.
    Seeds:
    - seeds in the botanical sense of the term, which are intended to be planted.
    Plant products:
    - products of unprocessed plant origin or having been the subject of simple preparation, provided that they are not plants.
    Plantation:
    - any plant placement operation to ensure their growth or reproduction or subsequent multiplication.
    Planting plants:
    - plants already planted and intended to stay or be replanted after their introduction, or
    - plants not yet planted at the time of their introduction but intended to be planted after it.
    Pests:
    - the enemies of plants or plant products, belonging to the animal or plant kingdom, or appearing as viruses, mycoplasms or other pathogens.
    Territories of the European Community:
    - Austria, Belgium, Denmark, Finland, Spain, including the Canary Islands, France, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Sweden, United Kingdom.
    European countries (in the phytosanitary sense):
    - Geographical Europe including the republics of Belarus, Estonia, Latvia, Lithuania, Moldova, Ukraine and Russia (with the exception of its territories and areas east of the 60th parallel of longitude) but excluding Cyprus and Turkey.
    Mediterranean countries (in the phytosanitary sense):
    Albania, Algeria, Bosnia and Herzegovina, Cyprus, Croatia, Egypt, Israel, Jordan, Lebanon, Libya, Malta, Morocco, Slovenia, Syria, Tunisia, Turkey and the former Yugoslav Republic of Macedonia.
    Phytosanitary passport:
    An official label certifying that the provisions of this Order in respect of phytosanitary standards and specific requirements have been complied with and that, to this effect, is:
    - standardized at the community level for different types of plants or plant products, and
    - established by the official body responsible for its issuance, and issued in accordance with the provisions of application relating to the particularities of the procedure for issuing phytosanitary passports.
    Protected area:
    An area located in the Community:
    - in which one or more of the pests listed in this Order, established in one or more parts of the Community, are not endemic or established, although conditions are favourable to their establishment;
    - where there is a danger of establishing certain pests because of favourable ecological conditions for particular crops, although these organisms are not endemic or established in the Community,
    which was recognized by community decision.

  • Chapter II: Production and Import Controls
    • Section 1: Phytosanitary Requirements Article 2


      Requirements set out in Appendix I.
      I. - The list of pests to plants, plant products and other objects whose introduction and dissemination on customs territory is prohibited is contained in Appendix I, Part A, of this Order.
      This provision is applicable to all pests cited in Part A, Chapter I, whose presence is unknown in the community territory as well as to pests cited in Part A, Chapter II, whose presence is known in the community territory.
      II. - The list of plant pests, plant products and other objects whose introduction and dissemination are prohibited in certain protected areas is contained in Appendix I, Part B, of this Order.

      Article 3


      Requirements set out in Appendix II.
      I. - The list of pests listed in Appendix II, Part A, whose introduction and dissemination are prohibited in the customs territory, if they occur on certain plants, plant products and other objects, whether they are unknown in the community territory (chapter I) or known in the community territory (chapter II), is shown in Appendix II, Part A, of this Order.
      II. - The list of pests whose introduction and release are prohibited in certain protected areas if they are on certain plants, plant products and other objects, is listed in Appendix II, Part B, of this Order.

      Article 4


      Requirements set out in Appendix III.
      I. - The list of plants, plant products and other objects whose introduction to the customs territory is prohibited for the origins mentioned in Appendix III, Part A, of this Order.
      II. - The list of plants, plant products and other objects whose introduction is prohibited in certain protected areas is contained in Appendix III, Part B, of this Order.
      III. - Import or introduction to customs territory of plants of the genus Prunus destined for planting, with the exception of seeds, originating from Romania is prohibited.

      Article 5


      Requirements set out in Appendix IV.
      I. - Plants, plant products and other objects, originating from third countries referred to in Annex IV, Part A, Chapter I, of this Order, may not be introduced and put into circulation on customs territory if they do not meet the specific requirements mentioned in this Annex.
      These provisions apply to plants, plant products and other objects originating in the Community referred to in Annex IV, Part A, Chapter II, of this Order.
      II. - Plants, plant products and other objects listed in Schedule IV, Part B, of this Order may not be introduced and put into circulation in protected areas if they do not meet the specific requirements set out in this Annex.

      Article 6


      Requirements set out in Appendix V.
      I. - Plants, plant products and other objects originating in the Community and referred to in Annex V, Part A, Chapter I, of this Order may only be introduced and put into circulation in the metropolitan territory or to countries members of the European Community if accompanied by a phytosanitary passport.
      This provision is applicable to plants, plant products and other objects referred to in Annex V, Part A, Chapter II, of this Order for their entry or release into the corresponding protected areas.
      II. - Import to community entry points located in the customs territory of plants, plant products and other objects originating in or from third countries referred to in Annex V, Part B, Chapter I, of this Order is subject to documentary, identity and health control by plant protection officers and to the presentation of a phytosanitary certificate.
      This provision is applicable to plants, plant products and other objects originating in or from third countries referred to in Annex V, Part B, Chapter II, of this Order when they are shipped to the corresponding protected areas.
      III. - The provisions referred to in points I and II of this article shall apply to wood only to the extent that it keeps its natural round surface completely or partially with or without bark or to the extent that it is in the form of platelets, particles, sawdusts, waste or wood debris.
      Without prejudice to the provisions contained in Annex V to this Order, the wood, whether or not it meets the conditions referred to in the first paragraph, is also concerned when it is used for forming or compartmenting or for making pallets or packagings actually used in the transport of objects of any material, provided that it presents a phytosanitary risk.

      Article 7


      Requirements set out in Appendix VI.
      The list of pests and geographic areas affected by protected areas as well as the codes used to inform European phytosanitary passports are listed in Appendix VI to this Order.

    • Section 2: European Phytosanitary Registration and Passport
      • Paragraph 1: Registration on the official register of pest control Article 8


        The requirement to apply for registration on the official register of phytosanitary control in accordance with the terms and conditions set out in II of section L. 251-12 of the rural code applies to:
        - any producer of plants, plant products and other objects mentioned in Appendix V, Part A;
        - any importer of plants, plant products and other objects referred to in Annex V, Part B;
        - any person who combines or divides lots of plants, plant products and other objects mentioned in Appendix V, Part A, accompanied by a phytosanitary passport;
        - the collective stores and shipping centres located in the production area provided for in article 2, last paragraph, of the decree of 10 November 1993 referred to above.

        Article 9


        The persons referred to in Article 8 are required to complete the phytosanitary passports, in accordance with the provisions of Article 9, paragraph 3, of the decree of November 10, 1993 referred to above. Any person registered in the official register of pest control must:
        - maintain an updated plan of sites on which the establishment is located, or a plan of sites on which plants, plant products and other objects are cultivated, produced, stored, preserved or used;
        - establish documents specifying the quantity, nature, origin, destination and date of the movements of plants, plant products and other objects that are purchased to be stored or planted on site, during production or shipped to third parties;
        - ensure, if necessary, liaison with plant protection services;
        - perform visual observations during the vegetation period and in accordance with the technical regulations established by the Minister of Agriculture, Food, Fisheries and Rural Affairs.
        The above-mentioned plans and documents must be kept for five years, regardless of the obligation for buyers considered to be end-users professionally engaged in plant production, to keep the phytosanitary passports for one year and to record their references in their books, pursuant to article 14 (II, b) of the aforementioned decree of 10 November 1993.

      • Paragraph 2: European Phytosanitary Passport Article 10


        I. - When the results of phytosanitary control are satisfactory, a phytosanitary passport, defined as follows, accompanies plants, plant products and other objects.
        The phytosanitary passport consists of:
        (a) A simplified label with a accompanying document used for commercial or regulatory purposes, if necessary. The label and accompanying document, each with respect to it, mention the information required under Article 9 of the above-mentioned Decree of 10 November 1993.
        This label is affixed to the accompanying document and to a lot of plants, plant products and other objects, whether homogeneous or not as to the genus and species, provided it is shipped to a single recipient. The composition of the lot of plants, plant products and other objects must appear on the accompanying document;
        (b) Either in a label containing all the information required under Article 9 of the aforementioned Decree of 10 November 1993. This label accompanies a plant, plant and other object, a homogeneous lot of plants, plant products and other objects.
        II. - The persons referred to in section 8 of this Order shall apply for the issuance of a phytosanitary passport to the Regional Director of Agriculture and Forestry (Regional Plant Protection Service) for which they are dependent.
        III. - The above-mentioned label models and applications for the issuance of a phytosanitary passport are available from the regional branches of agriculture and forest (regional plant protection services).

    • Section 3: Plant Production Control and Traffic
      • Paragraph 1: Production control Article 11


        Plants, plant products and other objects referred to in Appendix V, Part A, Chapter I, are subject to health control at production to verify:
        (a) That they are not contaminated by the pests listed in Appendix I, Part A, Chapter II;
        (b) That these plants, plant products and other objects also listed in Appendix II, Part A, Chapter II, are not contaminated by the pests affecting them listed in this part of the schedule;
        (c) That these plants, plant products and other objects also referred to in Appendix IV, Part A, Chapter II, meet the specific requirements for them, as set out in this Annex Part. Without prejudice to the provisions of Article 7 of the above-mentioned Decree of November 10, 1993, if in the course of this inspection it appears that the requirements mentioned above are not complied with, the phytosanitary passport is not issued and cannot be affixed to these plants, plant products or other objects.

        Article 12


        Without prejudice to the provisions set out in Article 11 above, plants, plant products and other objects mentioned in Annex V, Part A, Chapter II, shipped to protected areas are subject to health control at production to verify:
        (a) That they are not contaminated by the pests listed in Appendix I, Part B;
        (b) That these plants, plant products and other objects also listed in Appendix II, Part B, are not contaminated by the pests affecting them, listed in this part of Schedule;
        (c) That these plants, plant products and other objects also listed in Schedule IV, Part B, meet the requirements for these plants as set out in this Schedule.
        If, during this inspection, it appears that these requirements are not met, the phytosanitary passport is not issued for the corresponding protected areas referred to in Appendix VI to this Order.

        Article 13


        Where the plants, plant products and other objects listed in Schedule V, Part A, circulate through a protected area as defined in section 15, or outside of it, the health control at production is limited to the pests listed in Appendix I, Part A, in Appendix II, Part A, and the verification of the specific requirements listed in Appendix IV, Part A.

        Article 14


        The production health control provided for in sections 11 and 12 of this Order consists of a minimum visual examination covering all plants, plant products and other objects or on a representative sample. This control is carried out at least once a year.

      • Paragraph 2: Plant circulation through a protected area Article 15


        I. - Plants, plant products or other objects referred to in Schedule V, Part A, Chapter II, of this Order may only be introduced and put in circulation in protected areas if accompanied by a phytosanitary passport bearing the mentions required in Article 9 of the aforementioned Decree of 10 November 1993 and in particular the distinguishing mark "ZP" and the name or code of the areas in which these plants are authorized. The attached code is the reference of the parasite to Appendix VI to this Order.
        II. - Without prejudice to the phytosanitary control provided for in Article 12 of this Order, these plants, plant products and other objects may cross a protected area for a final destination outside this area accompanied by a phytosanitary passport without, however, bearing the "ZP" mark valid for this area if the following conditions are met:
        - the packaging used or, as the case may be, vehicles carrying these plants, plant products or other objects must be clean and free from pests in respect of which the area is recognized as protected and of a nature to ensure the absence of a risk of spreading pests;
        - immediately after conditioning, the packaging shall be closed or, as the case may be, vehicles carrying such plants, plant products or other objects shall be sealed to ensure the absence of a risk of the spread of pests in the protected area and the maintenance of the identity of the goods carried;
        - packaging or, as the case may be, vehicles carrying these plants, plant products or other objects must remain closed during transport through the protected area;
        - these plants, plant products or other objects must be accompanied by a document usually used in the trade indicating that the said products are originating from outside the protected area and that they have an outside destination.

        Article 16


        If, at a site-based inspection in a protected area, it appears that the requirements referred to in section 15 of this Order are not complied with, without prejudice to the measures provided for in sections L. 251-9 and L. 251-14 of the rural code that may be taken when the phytosanitary requirements are not met, plant protection officers may take the following measures:
        - apposition of seals on the packaging or, where applicable, on the vehicle carrying these plants, plant products or other objects;
        - transport, under their control, plants, plant products or other objects to a destination outside the protected area.

        Article 17


        Plants, plant products and other objects referred to in Appendix V, Part A, Chapter II, of this Order originating in the protected area and circulating within it may be subject to less stringent traffic conditions than those provided for in section 15 of this Order.
        These conditions are determined by order of the Minister of Agriculture, Food, Fisheries and Rural Affairs.

    • Section 4: Import Controls Article 18


      Prerequisitely to the completion of the customs formalities at the point of entry on the metropolitan territory or in the overseas departments and to the health control referred to in Article 19 below of the plants, plant products and other objects listed in Annex V, Part B, a check is made to verify that plants, plant products and other objects originating from third countries in the European Community are not listed in Annex III. At the end of the inspection, a document attesting to its completion is issued by the phytosanitary service and must be submitted in support of the declaration in customs during the completion of the customs formalities.

      Article 19


      Without prejudice to the provisions of Article 18 above:
      I. - Plants, plant products and other objects mentioned in Annex V, Part B, from third countries to the European Community, must be accompanied by a phytosanitary certificate in accordance with the model established by the International Plant Protection Convention, available from the regional branches of agriculture and forest (regional services of plant protection) and branches of agriculture and forest (services of plant protection). This certificate is issued by the agency responsible for the sending country.
      The Phytosanitary Certificate that accompanies plants, plant products and other objects originating from third countries to the European Community attests that phytosanitary and identity control is carried out before they are sent to the metropolitan territory or to overseas departments.
      The phytosanitary certificate must meet the following requirements:
      (a) It shall not be established more than fourteen days before the shipment of plants, plant products and other objects;
      (b) It must be written in capital letters or typing;
      (c) It shall not carry any overload, cracks or alterations unless validated.
      II. - When they are sent to areas other than those that are protected, these plants, plant products and other objects are subject to health control by plant protection officers to verify:
      (a) That they are not contaminated by the pests listed in Appendix I, Part A;
      (b) That these plants, plant products and other objects also referred to in Appendix II, Part A, are not contaminated by the pests affecting them in this part of Schedule;
      (c) That these plants, plant products and other objects referred to in Schedule IV, Part A, meet the specific requirements for these plants, plant products and other objects listed in this Schedule.
      III. - When these plants, plant products and other objects are shipped to protected areas, health control is performed to verify:
      (a) That they are not contaminated by the pests listed in Appendix I, Part B;
      (b) That these plants, plant products and other objects also referred to in Appendix II, Part B, are not contaminated by the pests affecting them in this part of Schedule;
      (c) That these plants, plant products and other objects also listed in Schedule IV, Part B, meet the specific requirements for these plants, plant products and other objects referred to in this Schedule.

      Rule 20


      The control of plants, plant products and other objects originating from third countries to the European Community consists of a documentary, identity and health examination conducted on a representative sample or on all plants, plant products and other objects cited in articles 18 and 19 of this Order.
      In order to allow these controls to be carried out at the time of their introduction to the entry points on the metropolitan territory or in overseas departments, the importer is required to inform the plant protection officers at least twenty-four working hours prior to their introduction.

      Article 21


      Where plants, plant products and other objects originating from third countries to the European Community referred to in Annex V, Part B, are also listed in Annex V, Part A, and to the extent that the results of the controls carried out at the time of their introduction to the points of entry on the metropolitan territory or in the overseas departments are in accordance with the requirements set out in Article 20 of this Order, a phytosanitary passport presented in a

      Article 22


      If the documentary, identity and phytosanitary controls do not allow to conclude that the conditions for the importation of plants, plant products and other objects mentioned in Schedule V, Part B, are met and when a removal of the said plants infected or infested from the lot, or when a refoulement is pronounced, the agents responsible for the protection of the plants cancel the plant certificates by affixing to the recto

  • Chapter III: Export Controls Article 23


    In the case provided for in the first paragraph of Article 19 of the above-mentioned Decree of November 10, 1993, the exporter is required to submit its application for phytosanitary control and phytosanitary certificate to the Regional Director of Agriculture and Forestry (Regional Plant Protection Service) or to the Director of Agriculture and Forestry ( Plant Protection Service) for the overseas departments of which it depends, at least forty-eight hours

    Article 24


    Based on the control carried out on a representative sample, a Phytosanitary Certificate is issued if it appears that plants, plant products and other objects meet the phytosanitary regulatory requirements of the country of destination outside the European Community.
    However, in particular cases, justified by the difficulty of highlighting pests, plants, plant products and other objects may be subject to health control during production.

  • Chapter IV: Provisions for derogation
    • Section 1: Traffic provisions Rule 25


      By derogation from point I of Article 4 of this Order, plants, plant products and other objects mentioned in Annex III, Part A, of this Order may transit through the territory of the Community, provided that there is no danger of propagation.

      Rule 26


      Without prejudice to Articles 8 and 14 of this Order and by derogation from Article 5 of this Order, plants, plant and other objects, foodstuffs or animal foods referred to in Annex IV to this Order shall be introduced in the Customs Territory and shall circulate therein without the specific requirements concerning them in this Annex being met:
      - if there is no danger of spread;
      - if it is small quantities;
      - and if they are intended to be used by their owner or recipient for non-industrial and non-commercial purposes or to be consumed during transport.

      Rule 27


      Without prejudice to sections 8 and 14 of this Order and by derogation from section 6 of this Order, plants, plant and other objects, foodstuffs or animal feeds referred to in Schedule V, Part A, may circulate without a phytosanitary passport:
      - if there is no danger of spread;
      - if it is small quantities;
      - and if they are intended to be used by their owner or recipient for non-industrial and non-commercial purposes or to be consumed during transport.

    • Section 2: Import Derogations Rule 28


      By derogation from section 6 of this Order, to the extent that there is no danger of the spread of pests, plants, plant products and other objects from third countries referred to in Annex V, Part B, of this Order, are introduced in the territory without health control:
      (a) When they are moved directly from one point to another of the Community through the territory of a third country;
      (b) When they pass through the territory of the Community;
      (c) In the case of small quantities of plants, plant products, foodstuffs or feeds for animals intended to be used by their owner or by the consignee for non-industrial and non-commercial purposes or to be consumed during carriage, provided that they are not listed in Appendix III to this Order and that these are not genetic material.

      Rule 29


      I. - In specific individual cases, may be introduced in the border customs territory with Switzerland, upon authorization of the Minister of Agriculture, Food, Fisheries and Rural Affairs (general direction of food, sub-direction of plant quality and protection):
      - plants, plant products and other objects referred to in Annex III to this Order, by derogation from Article 4 of this Order;
      - plants, plant products and other objects mentioned in Appendix IV to this Order, by derogation from Article 5 of this Order;
      - plants, plant products and other objects referred to in Annex V, Part B, of this Order, by derogation from Article 6 of this Order.
      II. - The authorization is issued if:
      - a spread of pests is not to be feared;
      - these plants, plant products and other objects are produced, cultivated or used in Switzerland in the border area with France;
      - and if they are introduced to the national territory to be exploited nearby in the border area.
      III. - The application for authorization for introduction must be addressed to the regional agriculture and forest management (regional plant protection service) concerned, at least three months before the shipment of the said plants to the territory.
      The application must include the following:
      - the name of plants, plant products and other objects to be introduced;
      - their quantity;
      - location and name of the operator;
      - the place of Switzerland from which these plants come from.
      Plants, plant products and other objects cited in point I above with an introduction authorization must be accompanied by a document establishing the exact location of Switzerland from which such plants originate.

    • Section 3: Miscellaneous provisions Rule 30


      To the extent that the risk of spreading pests is prevented by one of the following factors:
      - the origin of plants or plant products;
      - appropriate treatment;
      - specific precautions for the use of plants and plant products,
      the Minister of Agriculture, Food, Fisheries and Rural Affairs may, in urgent cases, provide for exemptions on community authorization:
      I. - (a) In Appendix III,
      (b) Appendix IV, Part A,
      (c) Appendix V, Part B, with respect to the requirements listed in Appendix IV, Part A, Section I, and Part B.
      II. - (a) Obligated to be accompanied by a phytosanitary passport for intra-community traffic, in the case of wood, if equivalent guarantees are provided;
      (b) An obligation to be accompanied by a Phytosanitary Certificate for the introduction of wood from third countries, if equivalent guarantees are provided.
      Where such an authorization is granted, an official mention shall, in each individual case, establish that the terms and conditions for granting are met.

  • Chapter V: Miscellaneous provisions Rule 31


    I. - In the event of accidental occurrence in the customs territory of pests listed or not in Annexes I and II to this Order, any measures may be taken pursuant to Article L. 251-3 of the Rural Code.
    II. - In the event of imminent danger of the introduction or spread of organisms not listed in Annexes I and II to this Order, Plant Protection Officers shall immediately take the necessary measures.

    Rule 32


    Are repealed:
    The Order of September 2, 1993 on the Health Requirements of Plants, Plants and Other Objects, published in the Official Journal of November 4, 1993;
    The Decree of 16 August 1994 on the Health Control of Plants, Plants and Other Objects and on the modalities for the issuance of the European Phytosanitary Passport, published in the Official Journal of 11 September 1994;
    The PPV Protection Measures (Plum Pox Virus) Order of 16 August 1994 published in the Official Journal of 10 September 1994 and the corrigendum published in the Official Journal of 10 September 1994;
    The Order of 14 October 1994 amending the Order of 2 September 1993 on the Health Requirements of Plants, Plants and Other Objects, published in the Official Journal of 20 December 1994;
    The Decree of 14 October 1994 on the conditions of circulation of certain plants, plant products or other objects through a protected area, published in the Official Journal of 20 December 1994;
    The Decree of 23 August 1995 introducing exemptions to the health requirements of plants, plant products and other objects, published in the Official Journal of 2 September 1995;
    The Order of 17 October 1995 amending the Order of 2 September 1993 concerning the sanitary requirements of plants, plant products and other objects, published in the Official Journal of 19 November 1995;
    The decision of March 19, 1996 on measures to protect against brown rot of the Burkholderia potato (ex-Pseudomonas) solanacearum, published in the Official Journal of March 22, 1996;
    The Decree of 20 January 1997 amending Schedules I to VI to the Order of 2 September 1993 concerning the sanitary requirements of plants, plant products and other objects, published in the Official Journal of 19 March 1997;
    The Order of January 21, 1997 amending the Order of September 2, 1993 on the Health Requirements of Plants, Plants and Other Objects, published in the Official Journal of February 7, 1997;
    The Order of 9 May 1997 amending Schedule III to the Order of 2 September 1993 on the Health Requirements of Plants, Plants and Other Objects, published in the Official Journal of 29 May 1997;
    The Order of 27 May 1997 amending Schedule VI to the Order of 2 September 1993 on the Health Requirements of Plants, Plants and Other Objects, published in the Official Journal of 31 May 1997;
    The Order of April 30, 1998 amending the Annexes to the Order of September 2, 1993 on the Health Requirements of Plants, Plants and Other Objects, published in the Official Journal of June 25, 1998;
    The Order of May 25, 1999 amending the Order of September 2, 1993 on the Health Requirements of Plants, Plants and Other Objects, published in the Official Journal of June 30, 1999;
    The Order of September 30, 1999 amending the Order of September 2, 1993 on the Health Requirements of Plants, Plants and Other Objects, published in the Official Journal of October 28, 1999.

    Rule 33


    The Director General of Food, the Director General of Customs and Indirect Rights and the Director General of Competition, Consumption and Suppression of Frauds are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.


    A N N E X E I

    • Part A: ORGANISMS NUISIBLES DONT L'INTROCTION ET LA DISSÉMINATION DOIVENT ÊTRE INTERDITES IN ALL MEMBER STATES
      • Chapter I: Unknown harmful organisms in the Community and important to the whole Community


        A. - Insects, mites and nematodes at all stages of development:
        1. Acleris spp. (non-European).
        2. Amauromyza maculosa (Malloch).
        3. Anomala orientalis Waterhouse.
        4. Anoplophora chinensis (Thomson).
        5. Anoplophora malasiaca (Forster).
        6. Arrhenodes minutus Drury.
        7. Bemisia tobaccoi Genn. (non-European populations) vectors of viruses such as:
        (a) Bean golden mosaic virus;
        (b) Cowpea late mottle virus;
        (c) Lettuce infectious yellow virus;
        (d) Pepper mild moderate virus;
        (e) Squash leaf curl virus;
        (f) Euphorbia mosaic virus;
        (g) Florida tomato virus.
        8. Cicadellidae (non-European) known as vectors of the disease of Pierce (caused by Xylella fastidiosa), such as:
        (a) Carneocephala fulgida Nottingham;
        (b) Draeculacephala minerva Ball;
        (c) Graphocephala atropunctata (Signoret);
        9. Choristoneura spp. (non-European).
        10. Conotrachelus nenuphar (Herbst).
        10.1. Diabrotica barberi Smith & Lawrence.
        10.2. Diabrotica undecimpunctata howardi Barber.
        10.3. Diabrotica undecimpunctata undecimpunctata Mannerheim.
        10.4. Diabrotica virgifera Le Conte.
        11. Heliothis zea (Boddie).
        11.1. Hirschmanniella spp., except Hirschmanniella gracilis (from Man) Luc & Goodey.
        12. Liriomyza sativae Blanchard.
        13. Longidorus diadecturus Eveleigh and Allen.
        14. Monochamus spp. (non-European).
        15. Myndus crudus Van Duzee.
        16. Nacobbus aberrans (Thorne) Thorne and Allen.
        17. Premnotrypes spp. (non-European).
        18. Pseudopityophthorus minutissimus (Zimmermann).
        19. Pseudopityophthorus pruinosus (Eichhoff).
        20. Scaphoideus luteolus (Van Duzee).
        21. Spodoptera eridania (Cramer).
        22. Spodoptera frugiperda (Smith).
        23. Spodoptera litura (Fabricus).
        24. Thrips palmi Karny.
        25. Tephritidae (non-European such as):
        (a) Anastrepha fraterculus (Wiedemann);
        (b) Anastrepha ludens (Loew);
        (c) Anastrepha obliqua Macquart;
        (d) Anastrepha suspensa (Loew);
        (e) Dacus ciliatus Loew;
        (f) Dacus curcurbitae Coquillet;
        (g) Dacus dorsalis Hendel;
        (h) Dacus tryoni (Froggatt);
        (i) Dacus tsuneonis Miyake ;
        (j) Dacus zonatus Saund;
        (k) Epochra canadensis (Loew);
        (l) Pardalaspis cyanescens Bezzi;
        (m) Pardalaspis quinaria Bezzi;
        (n) Pterandrus rosa (Karsch);
        (o) Rhacochlaena japonica Ito;
        (p) Rhagoletis cingulata (Loew);
        (q) Rhagoletis completa Cresson;
        (r) Rhagoletis fausta (Osten-Sacken);
        (s) Rhagoletis indifferens Curran;
        (t) Rhagoletis mendax Curran;
        (u) Rhagoletis pomonella Walsh;
        (v) Rhagoletis ribicola Doane;
        w) Rhagoletis suavis (Loew).
        26. Xiphinema americanum Cobb sensu lato (non-European populations).
        27. Xiphinema californicum Lamberti and Bleve-Zacheo.
        B. - Bacteria:
        1. Xylella tidiosa (Well and Raju).
        C. - Mushrooms:
        1. Ceratocystis fagacearum (Bretz) Hunt.
        2. Chrysomyxa arctostaphyli Dietel.
        3. Cronartium spp. (non-European).
        4. Endocronartium spp. (non-European).
        5. Guignardia laricina (Saw.) Yamamoto and Ito.
        6. Gymnosporangium spp. (non-European).
        7. Inonotus weirii (Murril) Kotlaba and Pouzar.
        8. Melampsora farlowii (Arthur) Davis.
        9. Monilinia fructicola (Winter) Honey.
        10. Mycosphaerella larici-leptolepis Ito et al.
        11. Mycosphaerella populorum G. E. Thompson.
        12. Phoma andina Turkensteen.
        13. Phyllosticta solitaria Ell. and Ev.
        14. Septoria lycopersici Speg. var. malagutii Ciccarone and Boerema.
        15. Thecaphora solani Barrus.
        15.1. Tilletia indica Mitra.
        16. Trechispora brinkmannii (Bresad.) Rogers.
        D. - Virus and similar organisms:
        1. Mycoplasm of Ulmus phloem necrosis.
        2. Virus and similar potato organisms:
        (a) Andean potato latent virus;
        (b) Andean potato mottle virus;
        (c) Arracacha virus B, oca strain;
        (d) Potato black ringspot virus;
        (e) Potato spindle tuber viroid;
        (f) Potato T virus;
        (g) Non-European Isolats of viruses A, M, S, V, X and Y (including Y°, Yn and Yc), as well as Potatoroll leaf virus.
        3. Tobacco ringspot virus.
        4. Tomato ringspot virus.
        5. Virus and similar organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. and Vitis L. such as:
        (a) Blueberry leaf mottle virus;
        (b) Cherry rasp leaf virus (American);
        (c) Peach mosaic virus (American);
        (d) Peach phony rickettsia;
        (e) Peach rosette mosaic virus;
        (f) Peach rosette mycoplasm ;
        (g) Peach X-disease mycoplasm;
        (h) Peach yellows mycoplasm;
        (i) Plum line pattern virus (American) ;
        (j) Raspberry leaf curl virus (American);
        (k) Strawberry latent "C" virus;
        (l) Strawberry vein banding virus;
        m) Strawberry witches' broom mycoplasm (mycoplasm of the strawberry witches);
        (n) Virus and similar non-European organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. and Vitis L.
        6. Virus transmitted by Bemisia tobaccoi Genn., such as:
        (a) Bean golden mosaic virus;
        (b) Cowpea late mottle virus;
        (c) Lettuce infectious yellows virus;
        (d) Pepper mild moderate virus;
        (e) Squash leaf curl virus;
        (f) Euphorbia mosaic virus;
        (g) Florida tomato virus;
        E. - Parasite plants:
        1. Arceuthobium spp. (non-European).

      • Chapter II: Pests present in the Community and important to the whole Community


        A. - Insects, mites and nematodes at all stages of development:
        1. Globodera pallida (Stone) Behrens.
        2. Globodera rostochiensis (Wollenweber) Behrens.
        3. Heliothis armigera (Hübner).
        4. Liriomyza bryoniae (Kaltenbach).
        5. Liriomyza trifolii (Burgess).
        6. Liriomyza huidobrensis (Blanchard).
        6.1. Meloidogyne chitwoodi Golden et al. (all populations).
        6.2. Meloidogyne fallax Karssen.
        7. Opogona sacchari (Bojer).
        8. Popilia japonica Newman.
        8.1. Rhizoecus hibisci Kawai and Takagi.
        9. Spodoptera littoralis (Boisduval).
        B. - Bacteria:
        1. Clavibacter michiganensi (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.
        2. Pseudomonas solanacearun (Smith) Smith.
        C. - Mushrooms:
        1. Melampsora medusae Thümen.
        2. Synchytrium endobioticum (Schilbersky) Percival.
        D. - Virus and similar organisms:
        1. Mycoplasm of apple proliferation (Apple proliferation mycoplasm).
        2. Mycoplasm of the chlorotic winding of the apricotier (Apricot chlorotic leafroll mycoplasm).
        3. Mycoplasm of pear depletion (Pear decline mycoplasm).

    • Part B: ORGANISMS NUISIBLES DONT L'INTROCTION ET LA DISSÉMINATION DOIVENT ÊTRE INTERDITES dans CERTAINES ZONES PROTEGÉES


      (a) Insects, mites and nematodes at all stages of development


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175


      (b) Virus and similar organisms


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175


      A N N E X E I

    • Part A: ORGANISMS NUISIBLES DONT L'INTROCTION ET LA DISSÉMINATION DOIVENT ÊTRE INTERDITES dans TOUS LES ÉTATS MEMBERS S 'ILS SUR CERTAINS VÉGÉTAUX ou PRODUCTS VÉGÉTAUX
      • Chapter I: Non-existent pests in the Community and important to the whole Community


        (a) Insects, mites and nematodes at all stages of development


        You can see the table in the OJ
        n° 284 of 06/12/2002 page 20130 to 20175


        (b) Bacteria


        You can see the table in the OJ
        n° 284 of 06/12/2002 page 20130 to 20175


        (c) Mushrooms


        You can see the table in the OJ
        n° 284 of 06/12/2002 page 20130 to 20175


        (d) Virus and similar organisms


        You can see the table in the OJ
        n° 284 of 06/12/2002 page 20130 to 20175



      • Chapter II: Pests present in the Community and important to the whole Community


        (a) Insects, mites and nematodes at all stages of development


        You can see the table in the OJ
        n° 284 of 06/12/2002 page 20130 to 20175


        (b) Bacteria


        You can see the table in the OJ
        n° 284 of 06/12/2002 page 20130 to 20175


        (c) Mushrooms


        You can see the table in the OJ
        n° 284 of 06/12/2002 page 20130 to 20175


        (d) Virus and similar organisms


        You can see the table in the OJ
        n° 284 of 06/12/2002 page 20130 to 20175

    • Part B: ORGANISMS NUISIBLES DONT L'INTROCTION ET LA DISSÉMINATION DOIVENT ÊTRE INTERDITES dans CERTAINES ZONES PROTÉGÉS S ' ilS SE CONVENT SUR CERTAINS VÉGÉTAUX ou PRODUCTS VÉGÉTAUX


      (a) Insects, mites and nematodes at all stages of development


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175


      (b) Bacteria


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175


      (c) Mushrooms


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175


      (d) Virus and pathogens similar to viruses


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175




      A N N E X E I I

    • Part A: VÉGÉTAUX, PRODUCTS VÉGÉTAUX et AUTRES OBJETS DONT L'INTRODUCTION DOIT ÊTRE INTERDITE IN ALL MEMBER STATES


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175

    • Part B: VÉGÉTAUX, VÉGÉTAUX PRODUCTS AND OTHER OBJECTS ON THE INTRODUCTION TO BE INTERDITE IN CERTAINES PRODUCTS


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175




      A N N E X E I V

    • Part A: PARTICULAR REQUIREMENTS FOR THE INTRODUCTION AND CIRCULATION OF VETAL PRODUCTS AND OTHER OBJECTS IN THEIR TERRITORY
      • Chapter I: Plants, plant products and other objects from non-Community countries


        You can see the table in the OJ
        n° 284 of 06/12/2002 page 20130 to 20175



      • Chapter II: Plants, Plants and Other Objects from the Community


        You can see the table in the OJ
        n° 284 of 06/12/2002 page 20130 to 20175



    • Part B: PARTICULAR REQUIREMENTS FOR THE INTRODUCTION AND CIRCULATION OF VEGETAL PRODUCTS AND OTHER OBJECTS IN PRODUCTS


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175




      A N N E X E V


      VETAL, VETAL PRODUCTS AND OTHER COMMON OBJECTS TO BE SUBMITTED TO A PHYTOSANITARY INSPECTION ON THE LIEU OF PRODUCTION, INSTRUMENTS TO THE COMMUNITY, WITHIN WHICH THE COMMUNITY IN THE COMMUNITY OR IN THE COUNTRIES OR IN THE

    • Part A: VÉGÉTAUX, PRODUCTITS VÉGÉTAUX et AUTRES OBJETS ORIGINAIRES DE LA COMMUNAUTÉ


      I. - Plants, plant products and other objects that are potentially carrying pests for the entire Community, and that must be accompanied by a phytosanitary passport.
      1. Vegetables and plant products.
      1.1. Planting plants with the exception of seeds of the genus Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Prunus L., other than Prunus laurocerasus L. and Prunus lusitanica L., P.mediay
      1.2. Plants of Beta vulgaris L. and Humulus lupulus L., destined for planting, with the exception of seeds.
      1.3. Plants of stolonifer or tuberous species of Solanum L. or their hybrids for planting.
      1.4. Plants of Fortunella Swingle, Poncirus Raf., and their hybrids and Vitis L., with the exception of fruits and seeds.
      1.5. Without prejudice to point 1.6 below, plants of Citrus L., and its hybrids, other than fruits and seeds.
      1.6. Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, with leaves and peduncles.
      1.7. Wood, as defined in article 2, paragraph 2, first paragraph:
      (a) When it was obtained, in whole or in part, from one of the following genera;
      Castanea Mill., with the exception of bark woods;
      Platanus L., including wood that has not retained the naturally round appearance of its surface,
      and
      where it corresponds to one of the designations in Schedule I, Part II, of Council Regulation (EEC) No. 2658/87 of 23 July 1987 relating to the tariff and statistical nomenclature and the common tariff:


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175


      1.8. Ecorce isolated from Castanea Mill.
      2. Vegetables, plant products and other objects produced by producers authorized to produce for sale to plant production professionals, other than plants, plant products and other objects that are prepared and ready for sale to the end-user, and for which the official bodies responsible for the Member States guarantee that their production is clearly separate from that of other products.
      2.1. Vegetables for planting, other than seeds of the genus Abies Mill., Apium graveolens L., Argyranthemum spp., Aster spp., Brassica L., Castanea Mill., Cucumis spp., Dendranthema (DC) Des Moul., Dianthus L. and hybrids, Exacum spp., Fragaria L
      2.2. Soil plants, other than those referred to in 1.3, for planting, other than seeds.
      2.3. Plants of Araceae, Marantaceae, Musaceae, Persea spp. and Strelitziaceae, rooted or with a culture medium adhering or associated.
      2.4. Seeds and bulbs of Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L. for planting and plants of Allium porrum L. for planting.
      3. Bulbs and bulbous rhizomes of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston " Golden Yellow", Galantus L., Galtoniacandicans (Baker) Decne, various miniaturized and their hybrids of the genus Gladiolus Tourn. ex L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. and Gladiolus tubergenii hort., Hyacinthus L., Iris L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum Lgri., Puschkinia Adam
      II. - Plants, plant products and other objects that are potentially carrying pests that may affect certain protected areas and that must be accompanied by a phytosanitary passport for the appropriate area when entering or circulating in that area.
      Without prejudice to plants, plant products and other objects listed in section I.
      1. Plants, plant products and other objects.
      1.1. Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr.
      1.2. Planting plants, other than seeds, Populus L. and Beta vulgaris L.
      1.3. Vegetables with the exception of the fruits and seeds of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill, Eriobotrya Lindl., Eucalyptus l'Hérit., Malus Mill., Mespilus L., Pyracantha Roem., Pynrus Lbus, Sorbush
      1.4. Pollen live destined for pollination of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L. other than Sorbus intermedia (Ehrh.) Pers. and Stranvaesia
      1.5. Solanum tuberosum L. tubers for planting.
      1.6. Plants of Beta vulgaris L. intended for animal feeding or industrial transformation.
      1.7. Unsterilized land and waste from beet use (Beta vulgaris L.).
      1.8. Seeds of Beta vulgaris L., Dolichos Jacq., Gossypium spp. and Phaseolus vulgaris L.
      1.9. Seeds and fruit (bbles) of Gossypium spp. and unegregated cotton.
      1.10. Wood within the meaning of Article 2, paragraph 2, first paragraph:
      (a) When obtained in whole or in part from conifers (Coniferales), excluding bark wood,
      and
      where it corresponds to one of the designations in Schedule I, Part II, of Regulation (EEC) No 2658/87:


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175


      1.11. Ecorce isolated from conifers (coniferal).
      2. Vegetables, plant products and other objects produced by producers authorized to produce for sale to plant production professionals, other than plants, plant products and other objects that are prepared and ready for sale to the end-user, and for which the official bodies responsible for the Member States guarantee that their production is clearly separate from that of other products.
      2.1. Plants of Begonia L., destined for planting, other than seeds, tubers and rhizomes, and plants of Euphorbiapulcherrima Willd. destined for planting, other than seeds.

    • Part B: VÉGÉTAUX, PRODUCTS VÉGÉTAUX et AUTRES OBJETS ORIGINAIRES DE TERRITORIES, AUTRES QUE CEUX MENTIONNÉS


      I. - Plants, plant products and other objects that are potentially carrying pests for the entire Community.


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175


      II. - Plants, plant products and other objects that are potentially carrying pests for certain protected areas.
      Without prejudice to the provisions applicable to plants, plant products and other objects listed in section I.


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175


      Decision to transpose community directives:
      - 2000/29/EC (transposition not necessary = codification of Directive 77/93/EEC);
      - 2001/32/EC and 2001/33/EC;
      - 2002/28/EC and 2002/29/EC.


      CORRESPONDANCE TABLE


      You can see the table in the OJ
      n° 284 of 06/12/2002 page 20130 to 20175


Done in Paris, November 22, 2002.


Minister of Agriculture, Food,

and Rural Affairs,

For the Minister and by delegation:

The Executive Director of Food,

C. Geslain-Lanéelle

Minister for Budget

and budgetary reform,

For the Minister and by delegation:

The Chief Customs Officer

and indirect rights,

F. Mongin

Secretary of State

small and medium-sized enterprises,

trade, crafts,

liberal professions

and consumption,

For the Secretary of State and by delegation:

The Director General of Competition,

consumption

and the suppression of fraud,

J. Gallot


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