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Decree Of 26 November 2009 Amending The Decree Of 10 August 2001 On The Prohibition Of Importation Of Certain Ruminant Tissues To Risks As Regards Transmissible Spongiform Encephalopathy Subacute Food H...

Original Language Title: Arrêté du 26 novembre 2009 modifiant l'arrêté du 10 août 2001 relatif à l'interdiction d'importation de certains tissus de ruminants à risques au regard des encéphalopathies spongiformes subaiguës transmissibles destinés à l'alimentation h...

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Summary

Modification of art. 1, 2, 4 to 6 of the above-mentioned order.

Keywords

OVERVIEW, OVERVIEW,


JORF n°0277 of 29 November 2009 page 20627
text No. 19



Order of November 26, 2009 amending the August 10, 2001 Order on the Prohibition of the Import of Certain Ruminant Tissues at Risk from Subacute Spongiform Encephalopathies for Human Feed

NOR: AGRG0928332A ELI: https://www.legifrance.gouv.fr/eli/arrete/2009/11/26/AGRG0928332A/jo/texte


The Minister of Budget, Public Accounts, Public Service and State Reform, the Minister of Food, Agriculture and Fisheries and the Secretary of State for Trade, Crafts, Small and Medium Enterprises, Tourism, Services and Consumer Affairs,
Considering 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;
Considering Commission Decision (EC) No. 2007 / 453 of 29 June 2007 determining the status of member states or third countries, or their regions, in accordance with their BSE risk;
Given the rural code, including articles L. 236-1, L. 236-6 and L. 237-3 ;
Given the Customs Code, including its article 38-1 ;
See?17 March 1992 amended on the conditions to be met by butchery animal slaughterers for the production and marketing of fresh meats and determining the conditions for the sanitary inspection of these establishments;
See?10 August 2001 the prohibition of imports of certain ruminant tissues at risk from subacute spongiform encephalopathies for human feed;
See?Decree of 25 November 2003 relating to sanitary conditions for the importation of live animals, animal products and animal or animal products from third countries;
Considering the advice of the French Food Safety Agency dated 30 January 2006, 25 July 2006, 13 July 2007, 4 December 2007, 1 July 2008 and 4 November 2008,
Stop:

Article 1 Learn more about this article...


The above-mentioned decision of 10 August 2001 is amended:
1. Section 1 is replaced by:
"Art. 1- Without prejudice to the provisions of Regulation (EC) No. 999 / 2001 as amended referred to above, are prohibited the introduction or importation on French territory, export or shipping:
- all or part of the skull, including the eyes, but excluding encephalus, ovins and caprins less than six months;
– all or part of the skull, including encephalus and eyes, ovins and caprins six months and more;
―amygdales of ovins and caprins irrespective of their age;
- Mechanically separated meat from bovine bones, ovins or caprins or products in containers;
- melted animal fat prepared from ruminant aipous tissues of more than twelve months collected after the slit of the spinal column, in the absence of the removal of the spinal cord prior to the longitudinal slit of the carcass or products in container;
―the spinal cord of ovins and caprins of a net weight carcass greater than thirteen kilograms or products in containers, excluding fresh meat from ovine and caprine species. »
2. Section 2 is replaced by:
"Art. 2.-The provisions of section 1 shall not apply to carcasses, meats or products intended for human food obtained from bovines born, elevated and slaughtered in the countries or regions referred to in point A (country or regions at risk of negligible BSE) of the Appendix to Decision (EC) No. 2007 / 453 of the Commission of 29 June 2007 referred to above.
Carcasses, semi-carcasses or half-carcasses cut into a maximum of three large cuts and bovine quarters do not contain other specified risk materials such as the spinal column, including rachidian ganglions, may be shipped to another Member State without prior authorization from the latter or imported into French territory for businesses authorized by the Minister of Fisheries. »
3. Section 4 is replaced by:
"Art. 4.-For the products referred to in Annex II derived from ovins of caprins or bovines from another Member State of the European Community, or from Switzerland or Liechtenstein, and having the status of community goods, in addition to the sanitary conditions established by the amended Regulation (EC) No. 999 / 2001 and the accompanying Order of March 11, 1996, the following certificates shall be marked as the case
" The above-mentioned product does not contain and has not been prepared from:
- all or part of the skull, including the eyes, but excluding encephalus, ovins and caprins less than six months;
– all or part of the skull, including encephalus and eyes, ovins and caprins six months and more;
―amygdales of ovins and caprins, whatever their age;
- melted animal fat prepared from ruminant aipous tissues of more than twelve months collected after the slit of the spinal column, in the absence of the removal of the spinal cord prior to the longitudinal slit of the carcass;
– a spinal cord of ovins and caprins of a net weight carcass greater than thirteen kilograms. “”
4. Section 5 is replaced by:
Article 5.-For the products referred to in Annex II, imported into the French territory from a third country, excluding Switzerland and Liechtenstein, and when they have not been obtained from bovine, egg and caprin materials born, raised and slaughtered in the countries or regions referred to in point A (country or regions at risk of such an SB negligible) of the Annex
" The product of animal origin does not contain or originate:
- all or part of the skull, including the eyes, but excluding encephalus, ovins and caprins less than six months;
– all or part of the skull, including encephalus and eyes, ovins and caprins six months and more;
―amygdales of ovins and caprins, whatever their age;
- melted animal fat prepared from ruminant aipous tissues of more than twelve months collected after the slit of the spinal column, in the absence of the removal of the spinal cord prior to the longitudinal slit of the carcass;
– a spinal cord of ovins and caprins of a net weight carcass greater than thirteen kilograms. “”
5. Section 6 is replaced by:
"Art. 6.-For the products listed in Appendix II, imported into the French territory from a third country, excluding Switzerland and Liechtenstein, and when obtained from cattle, ovins and caprins, born, raised and slaughtered in the countries referred to in point A (country or regions at risk of negligible BSE) of the Appendix to Decision No. EC of the Commission of 29 June 2007 referred to above, in addition to the sanitary conditions established by the above-mentioned Order of 25 November 2003, the health or safety certificate is supplemented by the certificate provided for in Annex IX, Chapter C, Section B, of the amended Regulation (EC) No 999 / 2001 signed by an official veterinarian of the country of origin. »
6. Appendix I is repealed.
7. Appendix II is replaced by:

  • Annex



    "A N E X E I I



    DESIGNATION OF PRODUCTS (*)
    POSITIONS OF THE RATE OF DATA
    in which products can be classified (**)

    Fresh meats of bovine, ovine and caprine species

    0201, 0202, 0204, 0206

    Preparations and carnival products and other animal products

    0210, 0504, 1601, 1602, 1603, 1902, 1905, 2001 to 2005, 2103, 2104, 2106

    Dairy products for human consumption and containing suif or gelatin

    0403, 1901

    Fishing products for human consumption and containing suif or gelatin

    1604, 1605, 0305, 0306, 0307, 1902, 1904, 1905, 2103, 2104, 2106

    Egg-based products for human consumption and containing suif or gelatin


    Frog stings and thighs for human consumption and containing suif or gelatin

    1602, 1605, 2106

    Melted animal fats

    1502, 1503, 1504

    Bone-based products for human consumption and mechanically separated meats

    0506, 2106, 3503

    Geolatin for human consumption

    3503

    Other products containing gelatin or suif

    1901-10-00, 1901-90-19, 1901-90-99, 1905, 2103-90-90, 1905-20, 2104, 2105, 2106-10-80, 2106-90-98

    (*) In the sense defined by the reference community texts, if the documentary and physical controls of the product make it clear that the product does not contain any material of bovine, ovine or caprine origin, the attestation referred to in Articles 4, 5 and 6 is not necessary. For fresh meats of beef, ovine and caprine species, where physical control makes it clear that they do not contain the substances concerned by the additional references in sections 4 and 5, these are not necessary.
    (**) Customs tariff positions have only an indicative value. This is not an exhaustive list.


    2
    The Director General of Food at the Ministry of Food, Agriculture and Fisheries, 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 respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.
    Done in Paris, November 26, 2009.


    Minister of Food,
    agriculture and fisheries,
    For the Minister and by delegation:
    By preventing
    Executive Director
    power supply:
    Deputy Director General
    J.-L. Angot
    Minister of Budget, Public Accounts,
    Civil Service
    and state reform,
    For the Minister and by delegation:
    The Chief Customs Officer
    and indirect rights,
    J. Fournel
    Secretary of State
    responsible for trade, crafts,
    small and medium-sized enterprises,
    tourism, services and consumption,
    For the Secretary of State and by delegation:
    Preventing the Director General
    competition, consumption
    and the suppression of fraud:
    Deputy Director,
    Mr. C. Buche


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