Key Benefits:
President of the Republic,
On the report of the Prime Minister, the Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, and the Minister of Interior, Overseas and Territorial Communities,
Having regard to the Constitution, in particular article 74-1;
Having regard to the amended Organic Law No. 2004-192 of 27 February 2004 establishing the status of autonomy of French Polynesia;
Vu le Criminal code ;
Vu la Act No. 61-814 of 29 July 1961 amended conferring on the Wallis and Futuna islands the status of overseas territory;
Vu la Act No. 77-1423 of 27 December 1977 ratifying the Convention on International Trade in Endangered Species of Wild Fauna and Flora of 3 March 1973, published by the Decree No. 78-959 of 30 August 1978 ;
Considering the seizure of the territorial assembly of Wallis and Futuna on 22 February 2008;
Considering the referral of the Assembly of French Polynesia of 22 February 2008;
The Council of State (section of public works) heard;
The Council of Ministers heard,
Order:
After Article L. 624-1 of the Environmental Code, two articles are added:
"Art. L. 624-2. - For its application in French Polynesia, article L. 412-1 of this code is as follows:
"The export, re-export, import and introduction from the sea of all or part of the animals and their products as well as plants belonging to the species listed in the lists annexed to the Convention on International Trade in Endangered Species of Wild Fauna and Flora shall be subject to an authorization issued under the conditions and in the manner prescribed by a decree in the Council of State, when such authorization is required by that agreement.
"Art. L. 624-3. - For its application in French Polynesia, article L. 415-3 of this code is as follows:
"It is punishable by six months' imprisonment and 9 000 €' fine to export, re-export, introduce or import all or part of the animals and their products as well as plants belonging to the listed species annexed to the Convention on the International Trade in Endangered Species of Wild Fauna and Flora, in violation of the provisions of Article L. 624-2 or the regulations.
"The fine is pronounced in local currency, given the counter-value in this currency of the euro. »
After Article L. 635-1 of the Environmental Code, two articles are added:
"Art. L. 635-2. - For its application in the Wallis and Futuna Islands, article L. 412-1 of this code is as follows:
"The export, re-export, import under all customs regimes and the introduction from the sea of all or part of the animals and their products as well as plants belonging to the species listed in the lists annexed to the Convention on International Trade in Endangered Species of Wild Fauna and Flora shall be subject to an authorization issued under the conditions and in the manner prescribed by a decree in the Council of State, when
"Art. L. 635-3. - For its application in the Wallis and Futuna Islands, article L. 415-3 of this code is as follows:
"It is punishable by six months' imprisonment and 9 000 €' fine to export, re-export, introduce or import all or part of the animals and their products as well as plants belonging to the listed species annexed to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, in violation of the provisions of Article L. 635-2 or the regulations.
"The fine is pronounced in local currency, given the counter-value in this currency of the euro. »
The Prime Minister, the Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, the Minister of Interior, Overseas and Territorial Communities, the Minister of Justice, the Secretary of State responsible for Ecology and the Secretary of State responsible for Overseas are responsible, each with regard to the application, of the ordinance published in the French Republic.
Done in Paris, June 5, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of State, Minister of Ecology,
of energy, sustainable development
and landscaping,
Jean-Louis Borloo
The Seal Guard, Minister of Justice,
Rachida Dati
Secretary of State
responsible for ecology,
Nathalie Kosciusko-Morizet
Secretary of State
loaded with the overseas,
Yves Jégo