THE FRENCH POLYNESIA ASSEMBLY
 

IN VIEW OF the organic law n° 96-312 of the 12 April 1996 modified, giving the statute of autonomy to the French Polynesia, including the law n° 96-313 of the 12 April 1996 completing the French Polynesia Autonomy Statute.

IN VIEW OF the Penal Code ;

IN VIEW OF The Penal Code Procedure ;

IN VIEW OF the ordinance n° 96-268 of 28 march 1996 actualizing legislative penal procedures dispositions appliables in New-Caledonia, French Polynesia and Wallis & Futuna Islands Territories as well as in Mayotte territorial community, more specifically the Article 809 of the Penal Code Procedure ;

IN VIEW OF the Rural Planning Code ;

IN VIEW OF the deliberation n° 2001-003/AFP of the 11 January 2001 delegating French Territory Assembly powers to its Permanent Commission ;

IN VIEW OF The order n° 1769/CM of the 19 december 2000 submitting a deliberation project to the French Polynesia Assembly ;

IN VIEW OF the letter n° 119/2001/APF/CP of the 25 January 2001 calling together Territorial Councillors in session ;

IN VIEW OF the report n° 8 of the Permanent Commission ;

In its 1^st February 2001 session

STATES:

Article 1^st : Any animal is a sensible being, and must be placed by the individual or the legal entity which, for any reason, breeds, guards or owns it, in conditions compatible with the biological needs of the specie he belongs to.

Article 2 : It is prohibed to commit mistreatments against Pets as well as domesticated or in captivity held wild animals.

Orders token in Minister Councils specify which are the animal species involved by this prohibition and determine measures able to ensure the protection of these animals against mistreatments, or abusive uses of these animals, and to avoid them sufferings during the diverse manipulations inherent to breeding, foldyard manuring, transport and slaughter techniques on these animals.

It is the same for all which concerns biological, medical and scientific experimentations which must be limited to the bare minimum cases.

Article 3 : In order to control the respect of the present Deliberation and of its Application Orders, The Ministers Council fixes by orders the Pets and domesticated or held in captivity wild animals to be identified list and states the identification process to use according to the targetted animal specie, and the accruing datas management modes.

Article 4 : Any sale of Pets and domesticated or held in captivity animals must come with, when delivered to the buyer, the delivery of :

• a selling certificate or an invoice ;
• a document giving information on the animal characteristics and needs, including also, if needed, train advices.

Additionnal prescriptions fitting to each specie are fixed by Ministers Council Order.

It specifies in particular, the minimal age to be sold, the allowed selling places, the animal identification when sold, and all terms of purchase having an impact on the protection of these animals.

Article 5 : Without prejudice to the in force stipulations concerning classified Environnement protection installations, a compagny can hold Pets or wild animals to agricultural, business, medical, search, experimentation, education, animal protection or public safety ends only if it fulfils minimal zootechnical norms and was granted by an approved delivery within the terms and conditions stated by Ministers Council Orders. These orders also state the suspension or withdrawal conditions of the approval.

Ministers Council Orders fix the minimal zootechnical normes to respect for each animal specie and for each kind of business and other public exhibition places (markets, moles, fairs, second hands, exhibitions, shows, habours, airports and others).

Present article clauses applies also to the existing businesses at the present deliberation approval date, within terms and conditions stated by Ministers Council Orders.

Article 6 : The use of buildings and other public exhibition places for animals targetted by the Article 5 is depending on Sanitary Rules which are, as well as their related control rules, stated by Ministers Council Orders.

Article 7 : Alive animals transport is submitted to animal protection rules, stated by Ministers Council Orders for each animal specie and each transport mode.

Anyone conducting, for profit purpose, as for him or for somebody else, alive animal transport, must obtain an approval delivered in terms and conditions stated by Ministers Council Orders. These orders also state the suspension or withdrawal conditions of the approval.

Article 8 : Fit to certify the offences to the present deliberation clauses and of its application orders, the administration veterinarians and under oaths officials agents appointed for the application control of the regulations on animal protection and animal wildlife protection.

Article 9 : Offences to the Articles 3, 4 et 6 stipulations are liable to the fifth class contraventions category sentences.

Article 10 : Is sentenced of a 909 090 FCP fine penalty and, subjected to a law approval, a 6 month imprisonment penalty, the fact to hamper in the exercice of their duties veterinarians and by the Article 8 legally entitled official agents.

Article 11 : Is sentenced of a 909 090 FCP fine penalty the fact, for any owner targetted at the Article 5, to continue to hold animals in a setting up non compliant with the sanitary and animal protection rules for the animals he holds, despites of the suspension or withdrawal of its activity approval done in accordance with the Article 5 clauses.

Natural persons authors of an offence covered by the present Article incur also the additionnal penalty of posting and broadcasting the passed sentence as stated in the Penal Code 131-35 Article conditions.

Legal entities may also be found penally responsibles, under the stated by the Penal Code 121-2 Article conditions, as under the stated by the present article offences.

Penalties incured by legal entities are:

• the fine, according to the Penal Code 131-38 Article statements ;
• the posting and broadcasting on command of the Penal Code 131-35 Article conditions ;
• the ban of activity as stated in the Penal Code 131-39 Article 2° indent ;
• the closing of the compagny as stated in the Penal Code 131-39 Article 4° indent.

Article 12 : Is sentenced of a 909 090 FCP fine penalty and, subjected to a law approval, a 6 month imprisonment penalty, the fact, for anyone exploiting a business as targetted in the Article 5 or holding animals in places targeted by the Article 5 to perpetrate or to let perpetrate without necessity mistreatments against animals incharge of him. The manager incurs also the additionnal penalty stated by the Penal Code 131-6 Article 11° indent.

Legal entities may be found penally responsible, under the stated by the Penal Code 121-2 Article conditions, of the stated by the present article offences. The penalties incured by legal entities are:

• the fine, according to the Penal Code 131-38 Article statements ;
• the closing of the compagny as stated in the Penal Code 131-39 Article 4° indent.

Article 13 : Is sentenced of a 909 090 FCP fine penalty, and, subjected to a law approval, a 6 month imprisonment penalty, the fact to transport animals without holding the approval stated by the Article 7. Legal entities may be found penally responsibles, under the stated by the Penal Code 121-2 Article conditions, of the stated by the present article offences. The penalty incured by legal entities is the fine under the terms of the Penal Code 131-38 Article.

Article 14 : The President of the French Polynesia Government is in charge of the execution of the present deliberation which will be published in the "Journal Officiel de la Polynésie française".