Rules applicable to the exporter who is granted a general license for 'organic products'

Any company wishing to export certain genetic elements and genetically modified organisms listed in item 1C353a of Annex I to Regulation (EC) No. 1334/2000 of 22 June 2000 as amended when they contain nucleic acid sequences associated with the pathogenicity of avian influenza viruses as defined in item 1C352a.2 .b.2 of the said Regulation: avian influenza viruses type A, subtypes H5 or H7, for which nucleotide sequencing has demonstrated multiple basic amino acids at the cleavage site of haemaglutinin.

The general license is applicable when the export is made to the overseas territories, the departmental authority of Mayotte, the territorial authority of Saint-Pierre-et-Miquelon and to the following territories and countries of final destination: Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Canada, Cape Verde, Chile, China, Colombia, Congo, Cyprus, Democratic Republic of the Congo, Saudi Arabia, Costa Rica, Croatia, Cuba, Dominica, Ecuador, El Salvador, Equatorial Guinea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea-Bissau, Honduras, Iceland, India, Indonesia, Jamaica, Japan, Jordan, Kenya, Kyrgyzstan, Kuwait, Laos (People's Democratic Republic of), Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, and United States of America, Macedonia (Former Yugoslav Republic of), Malaysia, Maldives, Mali, Mauritius, Mexico, Moldova (Republic of), Mongolia, Morocco, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Romania, Russian Federation, Rwanda, Saint Lucia, Uganda, Uzbekistan, Saint Kitts and Nevis, San Marino, Saint Vincent and the Grenadines, Solomon Islands, São Tomé and Príncipe, Senegal, Serbia, Montenegro, Seychelles, Sierra Leone, Singapore, Sudan, Sri Lanka, Switzerland, Suriname, Swaziland, Tajikistan, Thailand, Timor-Leste (Democratic Republic of), Togo, Tonga (Kingdom of), Tunisia, Turkey, Turkmenistan, Ukraine, Uruguay, Vanuatu, Venezuela, Vietnam, Yemen, Zimbabwe.

The exporter who is granted a general license for organic products shall apply the following rules

• he shall ensure that the goods he is about to export are not intended, in whole or in part, for any of the uses referred to in Article 4(1), (2) and (3) of Council Regulation (EC) No 428/2009 of 5 May 2009 , namely :
• goods which may be intended, in their entirety or in part, to contribute to the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or to the development, production, maintenance or storage of missiles capable of delivering such weapons.
• goods that may be intended, in whole or in part, for a military end-use. Military end use means:
• (a) incorporation into military items listed in the Member States' Military Goods Controls;
• (b) the use of production, test or analysis equipment and components therefor for the development, production or maintenance of military items listed in the abovementioned list
• (c) the factory use of any unfinished product for the production of military items listed above.
• the use of any goods which are or may be intended, in whole or in part, for use as parts or components of military items listed in the national military list which have been exported from the territory of a Member State without the authorization provided for by the national legislation of that Member State, or in violation of such authorization.
• prior to any export, it warns the foreign buyer that the goods it is about to export under its "biological products" license may not be re-exported to final destinations other than the Member States of the European Community, the following territories and countries eligible for its license: to the overseas territories, the departmental collectivity of Mayotte, the territorial collectivity of Saint-Pierre-et-Miquelon, as well as to the following territories and countries of final destination: Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Canada, Cape Verde, Chile, China, Colombia, Congo, Cyprus, Democratic Republic of the Congo, Saudi Arabia, Costa Rica, Croatia, Cuba, Dominica, Ecuador, El Salvador, Equatorial Guinea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea-Bissau, Honduras, Iceland, India, Indonesia, Jamaica, Japan, Jordan, Kenya, Kyrgyzstan, Kuwait, Laos (People's Democratic Republic of), Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, and United States of America, Macedonia (Former Yugoslav Republic of), Malaysia, Maldives, Mali, Mauritius, Mexico, Moldova (Republic of), Mongolia, Morocco, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Uganda, Uzbekistan, San Marino, Saint Vincent and the Grenadines, Sao Tome and Principe, Senegal, Serbia, Montenegro, Seychelles, Sierra Leone, Singapore, Solomon Islands, Sri Lanka, Sudan, Switzerland, Suriname, Swaziland, Tajikistan, Thailand, Timor-Leste (Democratic Republic of), Togo, Tonga (Kingdom of the), Tunisia, Turkey, Turkmenistan, Ukraine, Uruguay, Vanuatu, Venezuela, Viet-Nam, Yemen, Zimbabwe ;
• if informed, he shall notify the customs administration (SETICE) of any change of destination of goods exported under his general license to a destination other than a Member State of the European Community or a territory or country of final destination eligible for his benefit;
• it shall clearly indicate on the invoices and documents accompanying the goods the following: "dual-use goods subject to export control, exported from France under the general license "organic products n° .................. issued on ...................";
• it shall set up a filing system enabling it to communicate to the General Directorate of Customs and Indirect Rights (SETICE), at the end of each six-month period, a summary list of all operations carried out under this license, indicating, for each operation, the nature, quantity and value of the goods exported as well as the name and precise address of the recipient.

Obtaining the general license "organic products" does not exempt its beneficiary from the obligations to which he may be subject elsewhere in application of other regulations.