Key Benefits:
The Prime Minister,
On the report of the Minister of Budget, Public Accounts and State Reform, spokesman for the Government,
Having regard to Council Regulation (EC) No. 1236/2005 of 27 June 2005 concerning the trade in certain goods that may be used to inflict capital punishment, torture or other cruel, inhuman or degrading treatment or punishment;
Having regard to Regulation (EEC) No. 2913/92 of 12 October 1992 establishing Customs Code modified community;
Vu le Customs Code ;
Vu le Heritage Code ;
Vu la Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with the administration, including articles 21 and 24;
Vu le Decree No. 97-34 of 15 January 1997 deconcentration of individual administrative decisions, last amended by Decree No. 2007-139 of 1 February 2007 ;
Vu le Decree No. 97-1194 of 19 December 1997 amended to apply to the Minister of Economy, Finance and Industry 1° of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
Vu le Decree No. 97-1195 of 24 December 1997 modified for application to the Department of Economy, Finance and Industry 2° of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
The State Council (Finance Section) heard,
Decrete:
In the "Decisions within the jurisdiction of the General Directorate of Customs and Indirect Rights" section of Title II, Part IIAnnex to the above-mentioned Decree of 19 December 1997under the title "Regulations of the European Community that the Customs Administration is responsible for applying" and before: " Customs Code the following title and table are inserted:
"Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning the trade of certain goods that may be used to inflict capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
| 1 | Export authorization and provision of technical assistance | 2 of Article 3 and 1 of Article 5. |
| 2 | Authorization of import and provision of technical assistance | 2 of Article 4. |
| 3 | Refusal, suspension, modification, withdrawal or repeal of previous authorizations | 4 of Article 9. |
I. ― The authorizations referred to in section 3, 2, and section 4, paragraph 2, of the above-mentioned Council Regulation (EC) of 27 June 2005 shall be issued by the Minister responsible for Customs after notice of Ministers responsible for Foreign Affairs, Defence, Interior and Culture within nine months of receipt of the application for authorization.
Obtaining these authorizations does not exempt these products from obligations to which they may be subject under the Articles L. 111-1 and L. 111-7 of the Heritage Code defining the provisions applicable to the export of national treasures.
II. ― Authorities referred to in 1 of Article 5 of the above-mentioned Council Regulation (EC) of June 27, 2005 shall be issued by the Minister responsible for Customs after notice of Ministers responsible for Foreign Affairs, Defence and Interior within nine months of receipt of the application for authorization.
The authorizations are issued in accordance with the criteria referred to in section 6 of the Commission's regulation (EC) of 27 June 2005. The notices mentioned in the previous paragraph are issued in accordance with these criteria.
III. – The silence held for more than nine months by the Minister of Customs on an application under I or II is a decision to reject it.
IV. ― When, pursuant to I or II, the ministers issue differing opinions, the Prime Minister shall rule on the application.
When the Minister considers that the export is likely to fall within 3 of section 5 of the above-mentioned Council Regulation (EC) of 27 June 2005, the Minister of Customs shall consult with the Ministers responsible for Foreign Affairs, Defence and Interior, who shall verify whether the conditions under this section are met.
In the event of an emergency, the Minister of Customs may determine the maximum period in which such notices must be rendered.
When the notices are divergent, the Minister of Customs shall refer the Prime Minister to arbitration.
I. ― The authorizations provided for in I and II of Article 2 are not limited.
II. ― An order of the Minister for Customs shall determine the period for which such authorizations are issued, as well as the characteristics of the application form, the list of documents to be provided and the technical and financial conditions to be met by the applicants for such authorizations.
I. ― Pursuant to the 4 of section 9 of the Commission's regulation (EC) of 27 June 2005 referred to above, an export authorization issued pursuant to 2 of section 3 or 1 of section 5 of that regulation may be suspended, amended, repealed or, within the four-month period, withdrawn when it appears to have been granted in breach of the provisions of that regulation.
Authorization may be withdrawn at any time when obtained by concealment, false information or any other fraudulent process.
II. ― The suspension, modification, withdrawal or repeal of the authorizations referred to in I may only intervene after the licensee has been put in a position to submit its observations within a time limit set by the Minister responsible for Customs, which may not be less than fifteen days except in the event of an emergency.
After the 2 quater of Article 10 of the aforementioned decree of 24 December 1997, it is inserted a 2 quinquies as follows:
"Art. 2 quinquies.-Retention of goods provided for in 2 of Article 10 of Council Regulation (EC) No 1236/2005 of 27 June 2005. »
I. ― For the purposes of section 11 of the Council's regulation (EC) of 27 June 2005, referred to above, the Minister for Customs shall notify the competent authorities of the Member States and the European Commission of decisions rejecting an application for authorization or cancelling an authorization already granted.
II. - As part of the instruction of the applications for authorization referred to in I and II of section 2, the Minister for Customs shall conduct the consultations referred to in 2 of section 11 of the above-mentioned Council Regulation (EC) of 27 June 2005 and, where applicable, the information of the competent authorities referred to in 3 of the same section.
This Order does not apply to Mayotte or to the territorial community of Saint-Pierre-et-Miquelon.
The provisions of this decree may be amended by decree, with the exception of those of articles 1st, 2 and 3, II of Article 5 and Article 6.
The Minister of State, Minister of Foreign and European Affairs, Minister of Defence and Veterans Affairs, Minister of Interior, Overseas, Territorial Authorities and Immigration, Minister of Budget, Public Accounts and State Reform, Spokesman of the Government, and the Minister of Culture and Communication are responsible, each with respect to it, for the execution of this Official Journal, which will be published in the French Republic.
Done on 16 August 2011.
François Fillon
By the Prime Minister:
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
Minister of Defence
and veterans,
Gérard Longuet
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Culture
and communication,
Frédéric Mitterrand
