Chapter VIII: Control of plant and animal species harmful to human health

The species whose proliferation constitutes a threat to human health are as follows: 1° Mugwort ragweed (Ambrosia artemisiifolia L.) ; 2° Smooth ragweed (Ambrosia psilostachya DC.) ; 3° Common ragweed (Ambrosia trifida L.). 4° The oak processionary (Thaumetopoea processionea L.) ; 5° The pine processionary (Thaumetopoea pityocampa L.).

I.-The measures that may be taken in application of article L. 1338-1 to prevent the appearance or combat the proliferation of the species mentioned in article D. 1338-1 are as follows: 1° Monitoring the presence of these species in the territory and assessing their impact on human health and the environment; 2° Preventing the development and proliferation of these species; 3° The management and maintenance of all areas, agricultural or…

Bodies designated by order of the ministers responsible for health, the environment and agriculture may contribute to the measures mentioned in article D. 1338-2, where these are national in scope. This order specifies the missions of these organisations.

I.-When the presence of one of the species on the list provided for in article L. 1338-1 is found or is likely to be found in the department, the Prefect shall determine by order the methods of application of the measures mentioned in this section likely to prevent the appearance of these species or to combat their proliferation, after consulting the Director General of the Regional Health Agency and the…

In order to prevent the appearance or to combat the proliferation of the species appearing on the list provided for in article L. 1338-1 and which are likely to harm human health, any owner, tenant, operator, manager of built or unbuilt land, beneficiary or occupier in any capacity whatsoever shall implement, within a period defined by the prefectoral order mentioned in article R. 1338-4, the measures determined in this same…

In order to prevent the appearance or to combat the proliferation of the species appearing on the list provided for in article L. 1338-1 and which are likely to be harmful to human health, all project owners, project managers and public and private works contractors must comply with the requirements defined by the prefectoral decree referred to in article R. 1338-4 for the design of works and the management and…

The competent administrative authority may, by agreement, entrust the implementation of the measures defined by the prefectoral order mentioned in article R. 1338-4 to a public or private body. For sites covered by the provisions of article L. 1142-1 of the Defence Code, this option is open to the Minister of Defence.

I.-Territorial authorities affected by the presence of one of the species on the list provided for in article L. 1338-1 may appoint one or more territorial referents whose role, under their authority, is to: 1° Identify the presence of these species ; 2° Participate in their surveillance; 3° Inform the persons concerned of the measures to be implemented to prevent the appearance of these species or to combat their proliferation…

The Regional Prefect shall ensure that the measures referred to in article L. 1338-1 and determined in the prefectoral orders referred to in article R. 1338-4 are consistent with the schemes, programmes or plans concerning health or the environment adopted in application of the provisions of this Code, the Environment Code and the Rural and Maritime Fishing Code in particular. It reports to the ministers responsible for health, the environment,…

Failure to comply with the order issued pursuant to article L. 1338-2 is punishable by a fourth-class fine.