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Summary

This decree is based on art. L. 214-3 of the Consumer Code and aims to sanction, in accordance with art. L. 214-2 of the same Code, the non-compliance with the provisions of EC Regulation 104/2000 of the Council of 17-12-1999 relating to consumer information on fishing and aquaculture products. This regulation requires operators to inform the consumer, from 01-01-2002, on the commercial name of fishing and aquaculture products, the method of production (capture or livestock) and the catch area or the country of livestock. In addition, Regulation EC 104/2000 provides a general exemption for the direct sale by the producer of small amounts of fishery or aquaculture products from its own operation. This exemption is governed by the provisions of art. 7 of the regulations 2065/2001 of the commission of 22-10-2001 and cannot exceed a value of 20 euros per purchase. Given the interest in the mandatory information provided by the regulations for the consumer, it is proposed to limit this exemption by providing that the maximum purchase value for derogation will be 1 euro. Non-compliance with these provisions, which constitute enforcement measures provided for in art. L. 214-1 of the fuel rod, must be punished in violation of the provisions of art. L. 2l4-2 of the same code. Text totally repealed.

Keywords

ECONOMIE , CONSOMMATION , CODE DE LA CONSOMMATION , PROTECTION OF CONSOMMATEUR , ALIMENTATION , ALIMENTATION HUMAINE , ALIMENTATION , ALIMENTARY DENREE , ETIQUETAGE , PRODUCT OF THE MER , AQUACULTURE , APPLICATION OF REGULATION CE ,

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JORF n°256 of 1 November 2002 page 18140
text No. 6



Decree No. 2002-1315 of 25 October 2002 implementing the Consumer Code with respect to the labelling of fishery and aquaculture products

NOR: ECOC0200027D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/10/25/ECOC0200027D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/10/25/2002-1315/jo/texte

The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of Agriculture, Food, Fisheries and Rural Affairs,
Having regard to Council Regulation (EC) No. 104/2000 of 17 December 1999 on the joint organization of markets in the fisheries and aquaculture sector;
Considering Commission Regulation (EC) No. 2065/2001 of 22 October 2001 establishing the terms and conditions for the application of Council Regulation (EC) No. 104/2000 with respect to consumer information in the fisheries and aquaculture products sector;
Considering the consumer code, including articles L. 214-1, L. 214-2 and L. 214-3;
The State Council (Finance Section) heard,
Decrete:

Article 1 Learn more about this article...

The provisions of paragraph 1 of Article 4 of Regulation (EC) No. 104/2000 referred to above constitute enforcement measures provided for in Article L. 214-1 of the Consumer Code. The same is true of the provisions of the Community Regulations, which have the same purpose, which would modify, replace or be made for their application, to the extent that they are included in the forecasts of section L. 214-1.

Article 2 Learn more about this article...

Pursuant to the provisions of section 7 of the above-mentioned regulation (EC) No. 2065/2001, the provisions of section 4, paragraph 1, of the above-mentioned regulation No. 104/2000 do not apply to fishing or aquaculture products, originating from the owner's own operation, which are directly passed to consumers, where the value per purchase does not exceed EUR 1.

Article 3 Learn more about this article...

The Minister of Justice, the Minister of Economy, Finance and Industry, the Minister of Agriculture, Food, Fisheries and Rural Affairs and the Secretary of State for Small and Medium-sized Enterprises, Trade, Crafts, Professionals and Consumer Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.

Done in Paris, October 25, 2002.

Jean-Pierre Raffarin

By the Prime Minister:

Minister of Economy,

finance and industry,

Francis Mer

The Seal Guard, Minister of Justice,

Dominica Perben

Minister of Agriculture, Food,

and Rural Affairs,

Hervé Gaymard

Secretary of State

small and medium-sized enterprises,

trade, crafts,

liberal professions

and consumption,

Renaud Dutreil

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