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JORF n°0074 of March 28, 1999

DECREE

Decree No. 99-240 of March 24, 1999 relating to the conditions of marketing of certain objects having the appearance of a firearm

NOR: ECOA9850001D

The Prime Minister,
On the report of the Keeper of the Seals, Minister of Justice, the Minister of the Interior, the Minister of Defense and the Minister of the Economy, Finance and Industry, Having regard to Directive 98/34/EC of European Parliament and of the Council of June 22, 1998 providing for technical standards and rules, and the letter received on May 28, 1997 to the Commission of the European Communities by which the French Government referred the matter to said commission;
Considering the penal code, in particular its articles 121-2, 131-41 and R. 610-1;
Considering the Consumer Code, and in particular its article L. 221-3;
Having regard to the opinion of the Consumer Safety Commission dated July 2, 1997;
The Council of State (finance section) heard,
Decrees:

Art. 1st. - The offering, offering for sale, sale, distribution free of charge or making available for a fee or free of charge new or used objects having the appearance of a firearm, intended for launching Rigid projectiles, when they develop an energy at the muzzle greater than 0.08 joules and less than or equal to 2 joules, are regulated under the conditions defined by this decree.

Art. 2. - The sale, distribution free of charge to minors or making available to them for a fee or free of charge the products referred to in Article 1 of this decree are prohibited.
Art. 3. - The indication of the energy expressed in joules developed by the products referred to in Article 1 of this decree must appear both on the product, on its packaging and on the instructions for use which must be attached.

Art. 4. - The packaging as well as the instructions for use of the products referred to in Article 1 of this decree must indicate, in legible, visible and indelible characters, the two notices: “Distribution prohibited to minors” and “Warning: do not never direct the shot at a person.

Art. 5. - The following is punishable by the fine provided for 5th class contraventions:
1o The fact of selling, distributing free of charge to minors, making available to them free of charge or for a fee the products referred to in Article 1 of this decree;

2o The fact of offering for sale, putting on sale, selling, distributing free of charge, making available free of charge or for a fee the products referred to in article
1 of this decree by disregarding the provisions of articles 3 and 4 of this decree.
In the event of a repeat offense, the fine provided for for a repeat offense of 5th class is applicable.
Legal entities may be declared criminally liable, under the conditions provided for in Article 121-2 of the Penal Code, for the offenses defined in this article; they are liable to a fine in accordance with the terms provided for in article 131-41 of the same code.
Art. 6. - The Keeper of the Seals, Minister of Justice, the Minister of the Interior, the Minister of the Economy, Finance and Industry, the Minister of Defense, the Secretary of State for Small and Medium-Sized Enterprises businesses, commerce and crafts and the Secretary of State for Industry are responsible, each as far as they are concerned, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, March 24, 1999.

The Minister of Economy, Finance and Industry, Dominique Strauss-Kahn

The Minister of the Interior, Jean-Pierre Chevènement

The Secretary of State
to small and medium-sized businesses, commerce and crafts, Marylise Lebranchu
Lionel Jospin By the Prime Minister:

The Keeper of the Seals, Minister of Justice, Elisabeth Guigou

The Minister of Defense, Alain Richard

The Secretary of State for Industry, Christian Pierret