Key Benefits:
Publics concerned: shell breeders, registered shipping and purification establishments of living shells, professional and leisure fishermen, State control services.
Purpose: sanitary conditions of production and marketing of living shells; conditions for the exercise of non-professional fishing of living shellfish.
Entry into force: the text comes into force on January 1, 2013.
Notice: This Decree adapts the provisions of the Rural and Maritime Fisheries Code to the provisions of regulations (EC) No 852/2004, 853/2004 and 854/2004 of 29 April 2004. It specifies the conditions under which production, tracking and non-professional fishing of living shellfish can be carried out. It defines the concept of "sheeding shells", extends the obligation to use the registration document to transfer shells that take place during the breeding phases and removes the possibility of harvesting juvenile shells in unclassified areas, but retains the possibility of harvesting them. It aligns the sanctions regime in this area with the amended reference articles.
References: the rural code and the maritime fisheries can be consulted, in its drafting from this decree, on the site Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Agriculture, Agri-Food and Forestry,
Having regard to Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002 establishing the general principles and requirements of food legislation, establishing the European Food Safety Authority and establishing procedures for food safety;
Considering Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 concerning the hygiene of foodstuffs;
Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 establishing specific rules of hygiene applicable to foodstuffs of animal origin;
Considering Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 establishing the specific rules for the organization of official controls concerning products of animal origin intended for human consumption;
Having regard to Directive 98/34/EC of the European Parliament and the Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations and rules relating to the services of the information society;
Vu le Criminal code ;
In view of the rural and maritime fishing code, including its articles L. 231-1, L. 231-5, R. 231-35 to R. 231-59 and R. 237-1 to R. 237-8;
Vu le Decree No. 83-228 of 22 March 1983 Amending the licensing regime for marine crops, including Article 3;
Vu le Decree No. 2011-1701 of 30 November 2011 establishing the organizational and operational modalities of the interprofessional organization of conchyliculture;
In view of the notification No. 2007/664/F of 3 December 2007 addressed pursuant to Directive 98/34/EC referred to the European Commission and the responses of 4 March 2008 and 16 September 2010 of the European Commission;
Considering the opinion of the National Committee for Conchyliculture of 12 September 2012;
The State Council (section of public works) heard,
Decrete:
The provisions of subsection 4 of section 1 of Chapter I of Title III of Book I of the Rural Code and Maritime Fisheries are replaced by the following provisions:
“Paragraph 1
"Health conditions of production
on the market of live shells
" Art. R. 231-35.- shall be subject to the provisions of this paragraph to the production and marketing of living shells intended for human consumption.
"The marine species belonging to the groups of bivalves molluscs, gastropods, ultrasinoderms and tunicers are defined by shelling.
"Art. R. 231-36.-For the purposes of this subsection, it is defined as:
« 1° Production: activities, carried out in a professional capacity, of fishing or breeding of juvenile or adult shellfish, with the ultimate aim of preparing for sale and marketing for human consumption;
« 2° Breeding: all stages of cultivation of a shell with the objective, by growth, fattening, refinement or any other technique to improve its physical and organoleptic characteristics, the obtaining of a commercial size and quality shell intended for human consumption;
« 3° Transfer: the operation of moving live shells from one production area to another production area within the framework of livestock activities, or to any registered conchylistic establishment for the purification or shipment of live shells and to any processing establishment, with the exception of shipping operations.
"Art. R. 231-37.-Sont determined by order of the department's prefect after the advice of the relevant regional conchyliculture committee and the commission of marine cultures:
« 1° The location, limits and classification of production areas provided for in A of Chapter II of Schedule II to Regulation (EC) No 854/2004 of 29 April 2004 setting the specific rules for the organization of official controls concerning animal products intended for human consumption;
« 2° The location and limits of the breeding areas, which meet the sanitary quality of the production areas classified as A in accordance with Chapter II, A, B and C, of Section VII of Schedule III to Regulation (EC) No 853/2004 of 29 April 2004 establishing specific hygiene rules applicable to foodstuffs of animal origin.
"These decrees are published in the collection of administrative acts as well as on the prefecture website.
"Art. R. 231-38.-The rules relating to sampling programs and plans provided for in the provisions of chapter II, sections A and B of Schedule II of Regulation (EC) No 854/2004 of 29 April 2004 and the operation and interpretation of their results and the modalities for the regular classification and monitoring of each class of production and repatriation zone are set by joint decree of the Minister responsible for Agriculture and
"Art. R. 231-39.-For the application of 1 and 2 of Chapter II of Schedule II to Regulation (EC) No 854/2004 of 29 April 2004, the competent authority which, in case of momentary contamination of an area or when public health is endangered, closes the area concerned or pronounces the decommissioning is the prefect of the department.
"When a repository area no longer meets the health quality of production areas classified as A, the department prefect decides either the suspension of posting operations for a maximum of three months without reconduct or the decommissioning of the area in question.
"These decisions are brought immediately to the attention of the regional health agency, municipalities and professional organizations concerned.
"Art. R. 231-40.-The transfer from an area C to an area A or B is limited to the only dwarfs and juveniles caught or harvested there.
"By derogation from point 1 of chapter II of section VII of Schedule III of Regulation (EC) No. 853/2004, the capture and harvest of non-areas dwarfs to transfer to a production area may be exceptionally authorized by the prefect of the department after the advice of the Marine Crops Commission.
"A Minister of Agriculture Order sets out the terms and conditions for the application of this section, including the list of species and the maximum sizes of dwarfs or juveniles.
"Art. R. 231-41.-In accordance with c of point 2 of chapter II of section VII of Schedule III of Regulation (EC) No 853/2004 of 29 April 2004, the department prefect may authorize, on the basis of a risk analysis, the tracking of shells from zones C for a period of less than two months.
"An order from the Minister for Agriculture specifies the terms and conditions for requesting authorization.
"Art. R. 231-42.-The registration document referred to in chapter I, paragraph 3, of section VII of Schedule III to Regulation (EC) No 853/2004 of 29 April 2004 shall accompany any batch of live shells during any transfer.
"However, pursuant to Chapter I, item 7 of Section VII of Schedule III to Regulation (EC) No 854/2004 of 29 April 2004, the registration document is not required when the transfer is made between areas and facilities of the same undertaking by the staff of the same undertaking.
"A joint order of the Minister for Agriculture and the Minister for Consumer Affairs shall specify the terms and conditions for the application of the provisions of this section, including the terms and conditions for the use and retention of registration documents.
“Paragraph 2
"Non-professional fishing of living shellfish
"Art. R. 231-43.-The non-professional fishing of living shellfish intended for human consumption can only be practised in production areas on natural deposits located in areas classified as A or B.
"The terms and conditions for public health information in areas classified as B are set by a joint order of the Minister for Health and the Minister for Agriculture, following the advice of the National Food, Environment and Labour Safety Agency. This Order is available on the Agriculture and Health Departments website. »
Chapter VII of Book II title III of the Rural and Maritime Fisheries Code is thus amended:
1° At the 16th of article R. 237-2, the words "in articles R. 231-46 and R. 231-56" are replaced by the words "in article R. 231-42";
2° Section R. 237-4 is amended as follows:
(a) At 1°, the words "of article R. 231-37" and the words "in zone D" are replaced respectively by the words "of the A of chapter II of Schedule II of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 setting specific rules for the organization of controls concerning products of animal origin intended for human consumption" and by the words "out of zone"
(b) The 2° is replaced by the following:
« 2° Harvest shells in a closed or declassified production area under R. 231-39 or reseparate them in an area where transplantation operations were suspended or declassified under the same section; » ;
(c) At 3°, the words: "be in zone C without the permission of the prefect, or in zone D" are replaced by the words: "uncategorized";
(d) At 4°, the words: "of article R. 231-45" and the words: "to the collection of juveniles and dwarfs in zone D" are, respectively, replaced by the words: "of the second paragraph of article R. 231-40" and by the words: "to the capture and harvest of dwarfs out of classified zone";
3° Section R. 237-5 is amended as follows:
(a) The 1° is replaced by the following:
« 1° To practice traffic in areas other than those delimited for this purpose by the prefect under the 2nd of article R. 231-37; » ;
(b) At 2°, the reference: "R. 231-41" is replaced by the reference: "R. 231-43".
The provisions of this Decree come into force on 1 January 2013.
The Minister of Justice, the Minister of Economy and Finance, the Minister of Social Affairs and Health and the Minister of Agriculture, Agri-Food and Forestry are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 31 October 2012.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Agriculture,
and the forest,
Stéphane Le Foll
The guard of the seals,
Minister of Justice,
Christiane Taubira
Minister of Economy and Finance,
Pierre Moscovici
Minister of Social Affairs
and Health,
Marisol Touraine
