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

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Article D1338-2

French Public Health CodeIn force

Updated 5 Nov 2023

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 otherwise, where these species develop or may develop;

4° The destruction of specimens of these species in any form whatsoever during their development, under conditions that prevent their spread and reproduction;

5° Taking any measures to reduce or avoid pollen emissions from the species mentioned in 1°, 2° and 3° of article D. 1338-1;

6° Informing the public, in particular about the results of the monitoring mentioned in 1°, about the effects on human health associated with these species and about measures to prevent and combat them;

7° Developing and disseminating scientific knowledge about these species and their impact on human health and the environment, as well as carrying out research and, where appropriate, its applications;

8° Promoting, disseminating and coordinating prevention, control, training and information activities throughout France.

II-The application of these measures takes into account the provisions of this Code, the Rural and Maritime Fishing Code and the Environment Code which pursue objectives other than the control of species whose proliferation constitutes a threat to human health, in particular those relating to the preservation of biodiversity.

III - The aforementioned information, which is likely to harm the interests of national defence and public security and any secret protected by law, may not be disclosed to the public.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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