Key Benefits:
The Prime Minister,
On the report of the Minister of Agriculture and Fisheries,
In light of Council Directive No. 2006/88/EC of 24 October 2006 amended on the health police conditions applicable to animals and aquaculture products, and on the prevention of certain diseases in aquatic animals and measures to combat such diseases, including Article 60;
Considering the rural code;
Vu le Criminal codeincluding its articles 132-11 and R. 610-1;
Considering the advice of the French Food Safety Agency dated 1 October 2008;
Considering the opinion of the National Council of Conchyliculture of 14 October 2008;
Considering the opinion of the National Committee on Maritime Fisheries and Marine Animals of 20 October 2008;
The State Council (section of public works) heard,
Decrete:
Book II of the Rural Code (regulatory part) is amended as follows:
1° Section 3 of chapter II of Book II title I is supplemented by an article R. 212-79, as follows:
"Art.R. 212-79.-Every carrier of aquaculture animals within the meaning of b of 1 of section 3 of Directive 2006 / 88 / EC of 24 October 2006 is required to establish a statement indicating:
(a) Mortality during transport, depending on the type of transport and the species transported;
(b) The aquaculture farms, mollusc breeding areas and processing establishments where the transport vehicle has visited;
(c) Any exchange of water during transport, including the origin of new water and the disposal site.
This statement shall be kept for five years and shall be made available to the inspection officers. » ;
2° It is inserted in article R. 215-6 an IV as follows:
"IV. ― Is punished by the fine provided for the contraventions of the 3rd class for any carrier of aquaculture animals within the meaning of the 1st of section 3 of Directive 2006 / 88 / EC of 24 October 2006 not to complete, at the end of each transport, the statement referred to in R. 212-79 or not to keep it for the duration provided for in the same section. » ;
3° It is inserted after article R. 223-4 an article R. 223-4-1 as follows:
"Art.R. 223-4-1.-Any owner, any person who has, in any capacity, the charge of the care or custody of aquaculture animals within the meaning of b of 1 of section 3 of Directive 2006 / 88 / EC of 24 October 2006 that finds an increase in mortality constituting a presumption of impairment by one of the known contagious diseases prescribed in section L. 223-2en,
The increase in mortality referred to in the previous paragraph is within the meaning of j of Appendix I to Directive 2006 / 88 / EC of 24 October 2006 »;
4° In addition to article R. 228-6, a paragraph reads as follows:
« 6° Not to respect, for any owner or person who has, in any way, the charge of care or the custody of aquaculture animals within the meaning of section 3, paragraph 1 (b), of Directive 2006 / 88 / EC of 24 October 2006 the obligation to report any increase in mortality found under the conditions provided for in Article R. 223-4-1. Recidivism is punishable in accordance with first paragraph of section 132-11 of the Criminal Code. »
The rural code is repealed (regulatory part):
1° Section 3 of Chapter VI of Title III of Book II;
2° The 19°, 20° and 21° of Article R. 237-2;
3° Article R. 237-6.
The Minister of Agriculture and Fisheries and the Guard of Seals, Minister of Justice, are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, November 4, 2008.
François Fillon
By the Prime Minister:
Minister of Agriculture and Fisheries,
Michel Barnier
The Seal Guard, Minister of Justice,
Rachida Dati
