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Order Of 25 November 2003 Concerning Animal Health Conditions For Importation Of Live Animals, Animal Products And Animal Foodstuffs Or Of Animal Origin From Third Countries

Original Language Title: Arrêté du 25 novembre 2003 relatif aux conditions sanitaires d'importation d'animaux vivants, de produits d'origine animale et de denrées animales ou d'origine animale en provenance des pays tiers

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Keywords

AGRICULTURE , ANIMAL , ANIMAL VIVANT , PAYS TIERS , IMPORTATION , SANITARY CONTROL , ANIMAL DENREE , ANIMAL ORIGIN , VIANDEW , CONSOMMATION , CONSUMER , PROTECTION

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JORF n°299 of 27 December 2003 page 22270
text No. 60



Decree of 25 November 2003 on sanitary conditions for the importation of live animals, animal products and animal or animal products from third countries

NOR: AGRG0302385A ELI: https://www.legifrance.gouv.fr/eli/arrete/2003/11/25/AGRG0302385A/jo/texte


Minister of Agriculture, Food, Fisheries and Rural Affairs,
Having regard to Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002 establishing the general principles and requirements of food legislation, establishing the European Food Safety Authority and establishing procedures for food safety;
Considering Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 establishing sanitary rules applicable to animal by-products not intended for human consumption;
Having regard to Council Directive (EEC) No. 71-118 of 15 December 1971 amended on sanitary problems in the production and marketing of fresh poultry meats;
Having regard to Council Directive (EEC) No. 72-462 of 17 December 1972 concerning health and health police problems when importing animals from bovine, pig, ovine and caprine species, fresh meat or meat products from third countries;
Having regard to Council Directive (EEC) No. 88-407 of 14 June 1988, as amended, setting the health police requirements for intra-community exchanges and imports of animal sperm of the bovine species;
Having regard to Council Directive (EEC) No. 89-556 of 25 September 1989, as amended, setting out the health police conditions governing intra-community exchanges and imports from third countries of bovine animal embryos;
Having regard to Council Directive (EEC) No. 90-426 of 26 June 1990 amended on the sanitary police conditions governing equine movements and imports of equinees from third countries;
Having regard to Council Directive (EEC) No. 90-429 of 26 June 1990 establishing the health police requirements for intra-community exchanges and imports of semen of the swine species;
Having regard to Council Directive (EEC) No. 90-539 of 15 October 1990 amended on health police conditions governing intra-community exchanges and imports from third countries of poultry and eggs to be found;
Having regard to Council Directive (EEC) No. 91-67 of 28 January 1991 amended on health police conditions governing the marketing of animals and aquaculture products;
Having regard to Council Directive (EEC) No. 91-492 of 15 July 1991 establishing sanitary regulations governing the production and marketing of live bivalves molluscs;
Having regard to Council Directive No. 91-493 of 22 July 1991 establishing sanitary regulations governing the production and marketing of fishing products;
Having regard to Council Directive (EEC) No. 91-494 of 26 June 1991 as amended on health police conditions governing intra-community exchanges and imports from third countries of fresh poultry meats;
Having regard to Council Directive (EEC) No. 91-496 of 15 July 1991 as amended setting out the principles for the organization of veterinary controls for animals from third countries introduced into the Community;
Having regard to Council Directive (EEC) No. 92-45 of 16 June 1992 on health and health problems related to the killing of wild game and the marketing of wild game meats;
Having regard to Council Directive (EEC) No. 92-46 of 16 June 1992 stopping sanitary rules for the production and marketing of raw milk, heat treated milk and milk-based products;
Having regard to Council Directive (EEC) No. 92-65 of 13 July 1992 defining the conditions of health police governing trade and imports in the Community of Animals, Semen, UFOs and Embryons not submitted, with respect to sanitary police conditions, to the specific Community regulations referred to in Annex A, section 1, of Directive No. 90/425/EEC;
Having regard to Council Directive (EEC) No. 92-118 of 17 December 1992 defining the health police conditions and sanitary conditions governing trade and imports in the Community of non-submitted products, with respect to these conditions, to the specific EU regulations referred to in Annex A, Chapter 1 of Directive No. 89/662/EEC and, with regard to pathogens, of Directive No. 90/425/EEC;
Having regard to Council Directive No. 97/78/EC of 18 December 1997 establishing the principles for the organization of veterinary controls for products from third countries introduced into the Community;
In view of Commission Decision No. 2002/349/EC of 26 April 2002 establishing the list of products to be examined at border inspection stations under Council Directive 97/78/EC;
Considering Commission Decision No. 2002/995/EC of 9 December 2002 establishing interim safeguards for imports of animal products for personal consumption;
Considering the rural code, including articles L. 236-1 and L. 236-4;
Considering the amended Order of 5 May 2000, setting out the terms and conditions of veterinary controls for the importation of products from third countries,
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Article 1 Learn more about this article...


(a) The list of live animals subject to control at border inspection stations is set out in Appendix I to this Order.
(b) The list of products of animal origin, animal pathogens and products that may be subject to control in border inspection stations is set out in Appendix II to this Order.

Article 2 Learn more about this article...


Imports from third countries of live animals and products referred to in Article 1 of this Order shall be permitted only when they arise and originate from third countries or parts of third countries on the lists corresponding to the categories of animals, products or commodities that are determined:
- decisions taken pursuant to Regulation No. 2002/1774/EC and guidelines No. 72/462/EEC, 88/407/EEC, 89/556/EEC, 90/426/EEC, 90/429/EEC, 90/539/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 91/494/EEC, 92/46/EEC, 92/65/EEC, 92/178 and 97
- either by order of the Minister for Agriculture under the provisions of Article L. 236-1 of the Rural Code.

Article 3 Learn more about this article...


Without prejudice to the conditions relating to the third country of origin and origin set out in Article 2 of this Order, the importation of goods referred to in Article 1(b) of this Order, excluding those referred to in Article 4 of this Order, as well as animal or animal goods, shall be permitted only when they arise and originate from establishments or competent centers registered by the European Commission or
- either by the European Commission, the Council of the European Union or the European Parliament;
- either by the Minister responsible for agriculture pursuant to the provisions of section L. 236-1 of the rural code.

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Without prejudice to the conditions relating to the third country of origin and origin set out in Article 2 of this Order, the importation of embryos and eggs is permitted only when they have been taken and prepared by approved teams on the lists established by decision of the European Commission, pursuant to Directive 89/556/EEC.

Article 5 Learn more about this article...


Without prejudice to the conditions set out in Articles 2, 3 and 4 of this Order, the importation of animals and products referred to in Article 1 of this Order shall be subject to respect for sanitary conditions and to the presentation of a health or safety certificate or document, in accordance with the established provisions:
- decisions taken pursuant to Regulation No. 2002/1774/EC and guidelines No. 71/118/EEC, 72/462/EEC, 88/407/EEC, 89/556/EEC, 90/426/EEC, 90/429/EEC, 90/539/EEC, 91/67/EEC, 91/493/EEC, 91/494/EEC, 92/45/EEC, 92/46/EEC, 92/4/EEC, 92/4/EEC, 92/65/EEC, 92/4/EEC, 92/65/EEC, 92/65/EEC, 92/65/EEC, 92/65/EEC, 92/65/EEC, 91/493/EEC, 92/493/EEC
- either by the Minister responsible for agriculture pursuant to the provisions of section L. 236-1 of the rural code.

Article 6 Learn more about this article...


Without prejudice to Articles 2, 3, 4 and 5 of this Order, the importation of live animals and products referred to in Article 1 of this Order from or originating from third countries or parts of third countries may be suspended or subject to special conditions, where their introduction is likely to constitute a serious danger to human or animal health:
- by decision of the European Commission pursuant to Article 22 of Council Directive No. 97/78/EC or Article 18 of Council Directive No. 91/496/EEC;
- either by order of the minister responsible for agriculture.

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The decision of 6 June 1994 on sanitary conditions for the importation of live animals, animal products and animal or animal products from third countries is repealed.
The references contained in the provisions of a regulatory nature to the provisions of the above-mentioned decision of 6 June 1994 are replaced by references to the relevant provisions of this Order.

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The Chief Food Officer is responsible for 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
LIST OF ANIMALS SUBMITTED TO THE CONTROL
IN FRONTALIATED INSPECTION POSTS


The column of the NC position provides as information the code(s) of the community combined nomenclature in accordance with the customs regulations under which the animal species is usually classified.


You can see the table in the OJ
n° 299 of 27/12/2003 page 22270 to 22272



A N N E X E I


LIST OF ANIMAL ORIGIN PRODUCTS, PATHOGÈNES GENTS FOR ANIMELS AND SUSCEPTIBLE PRODUCTS OF VEHICLER SUBMITTED IN FRONTALIS POSTS
(a) Products of animal origin, pathogens for animals and products that may be used as Part I of the Appendix to Decision 2002/349/EC.
(b) Compound products: food preparations containing products of animal origin and, for example, repeated within NC 2106 10 80, NC 2106 90 10 and NC 2106 90 98.
(c) The hay (code NC 1214) and straw (code NC 1213).


Done in Paris, 25 November 2003.


For the Minister and by delegation:

The Chief Food Officer,

T. Klinger



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