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Arrested December 30, 2005 Containing Various Provisions Of Adaptation To Community Law And Amending The Order Of 22 November 2002 Concerning The Health Requirements Of Plants, Plant Products And Other Objects

Original Language Title: Arrêté du 30 décembre 2005 portant diverses dispositions d'adaptation au droit communautaire et modifiant l'arrêté du 22 novembre 2002 relatif aux exigences sanitaires des végétaux, produits végétaux et autres objets

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Summary

Amendment of articles 2 to 7, 10, 19 and repeal of annexes I to VI of the said order.

Keywords

AGRICULTURE , VEGETAL , VEGETAL , SEMENCE , SANITARY CONTROL , PHYTOSANITARY CERTIFICATE , ORGANISM NUISIBLE , INTRODUCTION , DISSEMINATION , INTERDICTION , PROTECTION , ZONE PROTEE , LISTE , DEROGATION

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JORF no. 304 of 31 December 2005 page 20923
text No. 175



Order of December 30, 2005 on various provisions for adaptation to community law and amending the Order of November 22, 2002 on the sanitary requirements of plants, plant products and other objects

NOR: AGRX0508977A ELI: https://www.legifrance.gouv.fr/eli/arrete/2005/12/30/AGRX0508977A/jo/texte


Minister of Agriculture and Fisheries and Minister for Budget and State Reform, Government Spokesperson,
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 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 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 Council Directive 2005/15/EC of 28 February 2005 amending Appendix IV of 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 2005/16/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;
Considering the rural code, including articles L. 251-3 to L. 251-17 and D. 251-1 to R. 251-40;
In light of the decision of November 22, 2002 on the health requirements of plants, plant products and other objects,
Stop:

Article 1


The above-mentioned decision of 22 November 2002 is as follows:
I. - Sections 2 to 5 are replaced by the following:
“Art. 2. - The list of pests whose introduction and dissemination are prohibited, referred to in Article D. 251-1 of the Rural Code, is the list set out in Annex I to Directive 2000/29/EC of 8 May 2000 referred to above, in its drafting by Commission Directive 2005/16/EC of 2 March 2005.
“Art. 3. - The list of pests whose introduction and dissemination are prohibited if they appear on certain plants, plant products and other objects, referred to in Article D. 251-1 of the Rural Code, is the list set out in Appendix II of Directive 2000/29/EC of 8 May 2000 referred to above, in its drafting by Directive 2005/16/EC of the Commission of 2 March 2005.
“Art. 4. - The list of plants, plant products and other objects whose introduction is prohibited if they originate from the countries mentioned on the same list, referred to in Article D. 251-1 of the Rural Code, is the list set out in Annex III of Directive 2000/29/EC of 8 May 2000 referred to above, in its drafting by Directive 2005/16/EC of the Commission of 2 March 2005.
“Art. 5. - The list of plants, plant products and other objects whose introduction and circulation are subject to specific requirements, referred to in Article D. 251-1 of the Rural Code, is the list set out in Appendix IV of Directive 2000/29/EC of 8 May 2000 referred to above, in its drafting by Directive 2005/16/EC of the Commission of 2 March 2005. »
II. - Article 6 I and II shall be replaced by the following provisions:
"I. - The list of plants, plant products and other objects to be subjected to a phytosanitary inspection at the place of production if they originate from the European Community before circulating in the European Community, referred to in A of Article D. 251-1 of the Rural Code, is the list set out in Part A of Annex V of Directive 2000/29/EC of 8 May 2000 referred to above, in its drafting by Directive 2005/77/EC.
“II. - The list of plants, plant products and other objects to be subjected to a phytosanitary inspection in the country of origin or the country of shipment if they originate from a third country before being able to enter the European Community, referred to in the V of Article D. 251-1 of the Rural Code, is the list set out in Part B of Annex V of Directive 2000/29/EC of 8 May 2000 referred to above, in its drafting »
III. - Section 7 is replaced by the following:
“Art. 7. - The list of areas of the European Community recognized as "protected areas under a pest, referred to in Article VI D. 251-1 of the Rural Code, is the list set out in the annex to Directive 2001/32/EC of 8 May 2001 referred to above, in its drafting from Directive 2005/18/EC of the Commission of 2 March 2005. »
IV. - After the III of Article 10, it is inserted an IV as follows:
"IV. - Pursuant to Article D. 251-17 of the Rural Code, the official labels referred to in paragraph 2 (f) of Article 1 of Directive No. 92/105/EEC of the Commission, of 3 December 1992, establishing a certain standardization of the phytosanitary passports to be used for the movements of certain plants, plant products or other objects within the Community and setting out the terms and conditions for the issuance of such phytosanitary passports »
V. - It is inserted, after the sixth paragraph of Article 19, two paragraphs as follows:
"Vegetables, plant products or other objects listed in the V of Article D. 251-1 of the Rural Code and from third countries Contracting Parties to the International Plant Protection Convention shall be accompanied by a Phytosanitary Certificate or a Phytosanitary Certificate of Re-export issued in accordance with the model set out in Annex I to Directive 2004/105/EC of the Plants Commission of 15 October 2004 establishing models of phytosanitary re-export certificates This document must be completed in accordance with the International Standard for Phytosanitary Measures No. 12 (NIMP No. 12 "Directives for Phytosanitary Certificates).
"By derogation from the previous paragraph, certificates issued in accordance with the model set out in Appendix II of the above-mentioned Directive 2004/105/EC shall be accepted until 31 December 2009. »
VI. - Annexes I to VI are repealed.

Article 2


The Director General of Food and the Director General of Customs and Indirect Rights are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris on 30 December 2005.


Minister of Agriculture and Fisheries,

For the Minister and by delegation:

The Executive Director of Food,

S. Villers

Minister for Budget

and the reform of the state,

Government spokesperson,

For the Minister and by delegation:

The Chief Customs Officer

and indirect rights,

F. Mongin


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