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Order Of November 4, 2008, Amending The Decree Of 8 June 2006 On The Approval Or The Authorisation Of Institutions Placing On The Market Of Products Of Animal Origin Or Foodstuffs Containing Products Of Animal Origin

Original Language Title: Arrêté du 4 novembre 2008 modifiant l'arrêté du 8 juin 2006 relatif à l'agrément ou à l'autorisation des établissements mettant sur le marché des produits d'origine animale ou des denrées contenant des produits d'origine animale

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Texts transposed

Council Directive 2006/88/EC of 24 October 2006 on health police conditions for animals and aquaculture products, and on the prevention of certain diseases in aquatic animals and measures to combat such diseases

Summary

Full transposition of Council Directive 2006/88/EC of 24 October 2006 on health police conditions for animals and aquaculture products, and on the prevention of certain diseases in aquatic animals and measures to combat these diseases.

Keywords

AGRICULTURE , EUROPEAN DIRECTIVE , COMPLETE TRANSPOSITION


JORF n°0260 of 7 November 2008 page 17074
text No. 41



Order of November 4, 2008 amending the June 8, 2006 Order relating to the approval or approval of establishments that market animal products or foodstuffs containing products of animal origin

NOR: AGRG0825592A ELI: https://www.legifrance.gouv.fr/eli/arrete/2008/11/4/AGRG0825592A/jo/texte


Minister of Agriculture and Fisheries,
Considering Directive 2006/88/EC of 24 October 2006 on health police conditions for animals and aquaculture products and on the prevention and control of certain diseases in aquatic animals;
Considering the rural code, including article L. 233-2 and article R. 231-20;
Having regard to Decree 2008-1141 of 4 November 2008 amending Book II of the Rural Code (regulatory part);
See?8 June 2006 relating to the approval or authorization of establishments placing on the market products of animal origin or goods containing products of animal origin;
Considering the advice of the French Food Safety Agency dated September 23, 2008;
Based on the opinion of the Animal Health Advisory Committee dated 25 September 2008,
Stop it!

Article 1 Learn more about this article...


The title of the June 8, 2006 Order is replaced by the following title: "Departmental Order relating to the approval or approval of primary production establishments and establishments that market animal products or foodstuffs containing products of animal origin".

Article 2 Learn more about this article...


It is inserted after article 1 of the 8 June 2006 order referred to an article 1st-1 as follows:
"Art. 1-1.-Producing facilities for the slaughter of aquaculture animals for the purpose of combating endemic or exotic diseases listed in Appendix IV of Directive (EC) No. 2006 / 88, aquaculture farms, as well as molluscs breeding areas that may group several conchyliculture farms, are subject to zosanitary approval, To be approved:
- aquaculture farms and shellfish breeding areas shall comply with the provisions set out in chapter V of title II of this Order;
- the establishments for the processing of aquaculture animals must comply with the provisions set out in Chapter VI of Title II of this Order.
By derogation from the previous paragraph, registration alone is required to:
(a) Facilities other than aquaculture farms holding aquatic animals without intent to put them on the market;
(b) Recreational fisheries with repeuplement;
(c) Aquaculture farms that put on the market, in small quantities, aquaculture animals intended exclusively for the end-user or local retail trade providing the end-user directly. »

Article 3 Learn more about this article...


Two chapters are added to Title II of the Judgment of 8 June 2006 which read as follows:


“Chapter V



“Special provisions applicable to institutions
and aquaculture operations


"Art. 11-1.-1.The Zoosanitary Accreditation of Aquaculture Plants and Operations referred to in the first paragraph of Article 1st-1 is issued prior to the marketing of Aquaculture Animals, by the Prefect, on the proposal of the Departmental Director of Veterinary Services or the Regional Director of Maritime Affairs in accordance with their jurisdiction, under the conditions set out in this chapter. Zoosanitary accreditation specifies the species and nature of the activity for which it is granted, indicating for each species the nature of the activity.
“2. The application for Zoosanitary approval for an aquaculture operation, referred to in the first paragraph of section 1-1, must be addressed by the person responsible for this operation, prior to its commencement, to the departmental director of veterinary services or to the regional director of marine affairs, according to their jurisdiction, the location of the aquaculture farm or the mollusc breeding area, using the model presented in Appendix 5.
"Each site of an aquaculture operation must be subject to a separate application. In order for the application to be admissible, it must be accompanied by a record including the descriptive documents of the aquaculture farm or the mollusc breeding area and the animal health monitoring plan, as defined in Annex 6.
"If, at the end of the instruction, the application for a zoosanitary accreditation referred to in paragraph 1 of this section, the complete record is deemed admissible and the requirements are met, a conditional approval shall be granted for a period of three months. This period is used by the operator to provide verification elements for the proper functioning of the animal health monitoring plan. Before the end of this period, if an official control determines that the sanitary conditions referred to in the first paragraph are met, zoosanitary accreditation is granted. Otherwise, conditional animal approval may be renewed for a further three-month period. The total duration of conditional animal approval cannot exceed six months.
"3.The zoosanitary accreditation of the farms referred to in section 1-1 is granted only to those responsible for aquaculture operations and breeding areas of molluscs who meet the following requirements:
“(a) Record keeping:
"– of all movements of the entry and exit of aquaculture animals, mentioning their origin, destination, as well as their number or weight and size;
"– the recording of mortality observed in each epidemiological segment in relation to the type of production;
“(b) Implementing appropriate health practices for livestock, with the aim of preventing the introduction and spread of diseases;
"(c) Collection of results of the zoosanitary monitoring plan approved by the Departmental Director of Veterinary Services or the Regional Director of Maritime Affairs in accordance with their jurisdiction; This plan, based on a risk analysis and adapted to the type of production concerned, has in particular the objective of detecting any unexplained and significant increase in mortality; it applies without prejudice to sampling and monitoring:
"– in the implementation of measures to combat diseases of aquaculture animals;
"in order to obtain the disease's indemnity status.
"The terms and conditions for the implementation of the monitoring plan are defined by instruction of the Minister for Agriculture and Fisheries.
“4. The zosanitary approval number of the operation is composed of:
"– the codification number of the location department;
"—the codification number of the commune of the place of location;
"–and the number of the establishment in the commune.
"Before this number is assigned, the existing Zoosanitary Accreditation numbers should be taken into account. The terms and conditions for the award of the zosanitary registration number are defined by instruction of the Minister for Agriculture and Fisheries.
"5. Zoosanitary accreditation is not granted if the activity concerned leads to an unacceptable risk of disease spread to aquaculture farms, mollusc breeding areas or to wild stocks of aquatic animals located nearby. However, prior to any refusal to grant a zoosanitary approval, consideration is given to risk mitigation measures, including the possibility of moving the activity concerned.
"In the event of non-compliance with the provisions of this chapter, the prefect suspends or removes the animal health accreditation. Zoosanitary accreditation shall be restored as soon as the provisions of paragraph 2 of this article are complied with.


“Chapter VI



“Special provisions applicable to institutions
aquatic animal processing


"Art. 11. 2.- Without prejudice to sections 2 to 6, the persons responsible for the processing establishments referred to in Article 1-1 shall:
"Keep up-to-date a register of all movements of the entry and exit of aquaculture animals and their products;
"Disposing a effluent treatment system.
"The application for Zoosanitary accreditation must be addressed by the institution's manager to the departmental director of veterinary services or to the regional director of marine affairs in accordance with their jurisdiction, using the model presented in Appendix 5.
"The establishments approved in accordance with this chapter retain the licence number issued under Chapter II of the Order of June 8, 2006.

Article 4 Learn more about this article...


It is added as an annex to the decision of 8 June 2006 referred to an annex 5 as follows:

  • Annex



    « A N N E X E 5



    You can consult the table in the
    JO no. 260 of 07 / 11 / 2008 text number 41




    5
    Is added an annex 6 to this letter:


    « A N N E X E 6
    "I don't know what's going on with it."
    « 1° Operating Reporting Note


    1. General Organization.
    1. 2. Name and address of aquaculture operations and contact information (phone and fax numbers, e-mail address, if applicable).


    2° Description of aquaculture operations


    2. Specific approvals (date, identification codes or numbers, production modalities, and any other element related to or approved [s]).
    2. 2. Geographical location of the aquaculture farm or mollusc breeding area defined by an adequate coordinate system (if possible, SIG coordinates).
    2. 3. Objectives, type (breeding system or equipment (land equipment, marine cages, land basins, etc.) and maximum production volume, when fixed.
    2. 4. For continental aquaculture farms, shipping centres and purification centres, detailed data on farm water supply and discharge of effluent.
    2. 5. High aquaculture animals or held in the aquaculture farm.
    2. 6. Situation plan at the scale of 1 / 1000 minimum, indicating the delimitations of the establishment, access and surroundings.
    2. 7. A mass plan, at a scale of 1 / 500 to 1 / 1,000 with all the buildings of the establishment, the road elements, the drinking water/sea water arrival circuits and the disposal of waste and rainwater.
    The situation plan and mass plan can be the subject of a single plan.
    2. 8. An overview of the establishment, at a scale of 1 / 100 to 1 / 300 depending on the size of the premises, indicating the layout of the work premises and, where applicable, the premises for use of the staff.


    3° Animal Health Risk Control Plan


    The Zoosanitary Risk Control Plan describes the measures taken by the Aquaculture Operations Officer to ensure the health safety of its productions against biological hazards. It includes the elements and documents required to implement this plan and the evidence of its implementation:
    - keeping the animal entry and exit register and mortality increases;
    good health practices in aquaculture farming;
    – risk analysis;
    – monitoring plan implemented and approved by the Departmental Director of Veterinary Services or the Regional Director of Maritime Affairs in accordance with their jurisdiction, as well as the results of analyses;
    - transport documents, if applicable.
    To prepare these documents, professionals can refer to the guide of good health practices in aquaculture farming, validated for the category of animals concerned. »
    7
    The aquaculture operations referred to in Article 1-1, already in operation, must comply with the provisions of Chapters V and VI within three months of the publication of this Order.
    8
    The Director General of Food and Prefects are responsible, each with respect to him, for the application of this Order, which will be published in the Official Journal of the French Republic.
    Done in Paris, November 4, 2008.


    For the Minister and by delegation:
    Deputy Executive Director,
    Mr. Eloit


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