Key Benefits:
The Prime Minister,
On the report of the Minister of Agriculture, Food, Fisheries and Rural Affairs,
In light of Council Directive 2000/29/EC of 8 May 2000 amended 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. 251-14 and L. 251-19;
In view of Decree No. 93-1259 of 10 November 1993 on measures for protection against plant pests, plant products and other objects;
The State Council (section of public works) heard,
Decrete:
Where, under the conditions set out in II of section L. 251-14 of the rural code, the presence of a pest is found, the agents referred to in I of section L. 251-18 of the same code may, depending on the pest, plant, plant or other contaminated objects and the extent of contamination, order:
- the designation, under the conditions provided for in section 2, of the lot of plants, plant products or other contaminated objects as well as lots of plants, plant products or other objects likely to be contaminated;
- measures restricting or modifying the use or geographical destination of plants, plant products or other objects, as well as measures requiring the holder to collect additional comments or to implement a procedure for monitoring these plants, plant products or other objects;
- the establishment of an inspection and sampling program for analysis.
These agents may also prescribe treatments with pest control products for agricultural use, disinfection treatment, physical treatment or any other technical operation.
The measures taken and their deadline for implementation are notified in writing to the owner or holder of plants, plant products or other objects, which is still required to submit its observations.
The designation under section 1 shall be notified to the holder of plants, plant products or other objects. It is implemented for an initial period of fifteen days, which can be extended of an equivalent duration, as many times as necessary, to search for the origin and extent of the contamination.
Contaminated or likely to be contaminated lots are isolated as prescribed by the consignment officers.
A partial lifting of the summons may be carried out by these officers.
Samples of plants, plant products or other objects, taken under section II of section L. 251-19 of the rural code, are placed in containers adapted to the nature of the content, preventing the diffusion of the pest intended and sealed. Each sample is assigned an identification number.
For each sample taken, a sample sampling sheet shall be drawn in two copies. A copy shall be retained by the service to which the officer has taken the sample, the other shall be sent to the laboratory to conduct the analysis.
The sheet indicates the name of plants, plant products or other objects, the sample identification number and the signature of the agent that proceeded to the sampling.
Sample samples are the subject of a sampling report that includes, in addition to the statement of facts that motivate the writing of the sample, the following information:
- date, time and place of sampling;
- identity and importance of the lot of plants, plant products or other objects;
- sample identification number;
- nature and size of sample taken;
- marks and labels on plants, plant products or other objects;
- name, name and address of the holder of plants, plant products or other objects;
- name, first name, quality and signature of the officer who wrote the minutes.
The holder of lots and objects may have all the observations he considers useful in the minutes, which he is invited to sign. If he is absent or refuses to sign, mention is made in the minutes.
The results of the sample analysis are addressed to the Regional Directorate of Agriculture and Forestry, or to the Overseas Departments, the Directorate of Agriculture and Forestry, which is reported by the officer who proceeded with the sampling.
The Regional Director or the Director of Agriculture and Forestry shall communicate these results to the holder of plants, plant products or other objects that have been collected.
Decree No. 51-985 of 27 July 1951 concerning the phytosanitary police powers of plant protection officers is repealed.
The Minister of Agriculture, Food, Fisheries and Rural Affairs is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, 30 August 2002.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Agriculture, Food,
and Rural Affairs,
Hervé Gaymard
