Summary of directive 2000/29/EC of the Council of 08-05-2000 amended concerning the protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community. The monitoring of plants and plant products in order to verify that they are free of harmful organisms, engineers assisted plant protection services of the Ministry of agriculture technicians currently have administrative police powers allowing them to order detention or destruction measures. The agricultural orientation law 99-574 of 09-07-1999 supplementing these measures, which should be further elaborated by Decree. These measures include surveillance and treatment measures. The research and the recognition of offences, the above-mentioned agents are brought to take samples of plants to verify that they are free of harmful organisms. The aforementioned agricultural orientation law referred to a decree the procedure for sampling of plants. Repeal of Decree 51-985 of 27-07 - 1951.
Keywords AGRICULTURE, Rural Affairs, plant, plant product, organization pest, plant PROTECTION, SURVEILLANCE, offence, finding, control, AGENT skill, sampling, sample, phytosanitary control, harmonizing European JORF n ° 205, September 3, 2002 page 14624 text no. 22 Decree No. 2002-1118 of 30 August 2002 on the measures taken within the framework of plant monitoring, pursuant to articles L. 251 - 14 and L. 251 - 19 of the rural code NOR : AGRG0201762D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/8/30/AGRG0201762D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2002/8/30/2002-1118/jo/texte Prime Minister, on the report of the Minister of agriculture, of food, of fishing and Rural Affairs, having regard to Council directive 2000/29/EC of the Council of 8 May 2000 as amended concerning protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the Community;
Seeing the rural code, particular articles L. 251 - 14 and L. 251 - 19;
Considering Decree No. 93-1259 of 10 November 1993 concerning protective measures against organisms harmful to plants, plant products and other objects;
The Council of State (section of public works) heard, decrees: chapter I:: surveillance or phytosanitary treatment measures following the discovery of a harmful organism Article 1 where, under the conditions laid down in article L. 251 II - 14 of the rural code, the presence of a pest is detected, the agents referred to in of article L. 251 - 18 of the same code may in function of the pest, of plants, plant products or other objects contaminated and the extent of the contamination, order:-logging, in the conditions laid down in section 2, lot of plants, plant products or other contaminated objects and lots of plants, products plant or other objects likely to be;
-measures restricting or modifying the use or the geographical destination of the plants, plant products or other objects, as well as measures requiring the holder to collect additional comments or to implement a procedure of monitoring of these plants, plant products or other objects;
-the implementation of a programme of inspections and sampling for analysis.
These agents may also prescribe treatments carried out with the pest control products for use in agriculture, disinfection, physical treatments, or any other technical operation treatments.
The measures imposed as well as their implementation period shall be notified in writing to the owner or keeper of plants, plant products or other objects, which is still to submit its observations.
Article 2 the consignment referred to in article 1 shall be notified to the holder of the plants, plant products or other objects. It is implemented for an initial period of 15 days, which can be extended by a period equivalent, as many times as necessary, to find the origin and extent of the contamination.
Reported lots contaminated or likely to be isolated in the manner prescribed by the officers who ordered the recording.
He can be undertaken by these agents to a partial lifting of the consignment.
Chapter II: Sampling within the framework of the search and the finding of infringements Article 3 samples of plants, plant products or other objects, collected in application of II of article L. 251 - 19 of the rural code, are placed in containers suitable for the nature of the content, preventing the spread of the harmful organism searched and sealed. At each sample is assigned an identification number.
Article 4 for each sample, it is established a record of sampling in two copies. A copy is kept by the service under which the agent who carried out the collection, the other is sent to the laboratory for analysis.
The form indicates the description of the plants, plant products or other objects, the sample identification number and signature of the officer who conducted the levy.
Article 5 sampling are subject to a record of sampling comprising in addition to the facts motivating the writing of it, the following information:-date, time and place of sampling;
-identity and importance of the batch of plants, plant products or other objects;
-sample identification number;
-nature and size of the sample;
-brands and labels affixed to the plants, plant products or other objects;
-name, forenames and address of the holder of the plants, plant products or other objects;
-last name, quality and signature of the official who prepared the minutes.
The holder of lots and objects can insert any comments it deems useful in the minutes, it is asked to sign. If it is absent or refuses to sign, mention is made in the minutes.
Article 6 the results of the analysis of the samples are sent to the Regional Directorate of agriculture and forest, or, in the French overseas departments, in the direction of agriculture and the forest, which is the agent who conducted the levy.
The regional director or the Director of agriculture and forest communicates these findings to the holder of the plants, plant products and other objects which were the subject of the levy.
Article 7 Decree No. 51-985 of 27 July 1951 concerning plant protection plant protection service officers police powers is repealed.
Article 8 the Minister of agriculture, food, fisheries and Rural Affairs is responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, on August 30, 2002.
Jean-Pierre Raffarin by the Prime Minister: the Minister of agriculture, food, fisheries and Rural Affairs, Hervé Gaymard