21/12/2025
Tahiti, December 21, 2025 - The Polynesian Competition Authority has issued its opinion on the proposed country law aimed at modifying the regulations governing professional activities related to the production and marketing of pearl products and mother-of-pearl in French Polynesia.
Referred by the government, once again under an emergency procedure without clarification of the reasons for this accelerated process, the Polynesian Competition Authority examined a draft reform of the regulatory framework for the pearl farming sector. Since 2017, this already represents the seventh legislative amendment affecting this strategic sector of the Polynesian economy.
The draft law aims to update the regulatory framework for pearl farming in order to strengthen sector regulation, improve production traceability, and take into account the technical, environmental, and economic developments affecting the industry.
Composed of 51 articles modifying, supplementing, or repealing several existing provisions, the text is structured around four main objectives: regulating the development of pearl oyster production in controlled environments, strengthening the conditions governing pearl farming activities and their oversight, improving the management of the maritime public domain and the protection of lagoons, and strengthening the traceability and quality of pearl products.
Among the proposed changes is the introduction of a distinction between pearl oyster production in the natural environment and production carried out in controlled environments. This new definition clarifies the concept of a controlled environment and creates two distinct categories of producers, with hatcheries and settlement infrastructures now considered part of this specific framework.
The draft legislation also strengthens the authorization requirements for producers operating in controlled environments. Operators will now have to demonstrate higher technical competencies and submit a detailed technical dossier whose content will be defined by decree of the Council of Ministers. This dossier must demonstrate the coherence, viability, and biosecurity of the project.
The text also requires operators to restore production sites if activity ceases or if authorization is withdrawn.
The Polynesian Competition Authority nevertheless specifies that its mission does not concern the political appropriateness of the reform, which falls under the responsibility of the Economic, Social, Environmental and Cultural Council of French Polynesia. Its analysis is limited to the competitive impact of the proposed legislation.
In its opinion, the Authority considers that the text generally follows a logic of maintaining generalized authorization regimes while strengthening reporting obligations. In the absence of more precise targeting based on the specific risks associated with each activity, this approach could lead to overregulation likely to produce exclusionary effects and reduce the competitive dynamics of the sector.
The Authority nevertheless acknowledges that the use of a prior authorization regime for certain activities may be justified by considerations of general interest, particularly with regard to lagoon protection, biosecurity, and public safety.
However, it is more critical regarding the application of authorization criteria to certain marketing activities. According to the Authority, these restrictions could constitute a disproportionate obstacle to market access and limit the diversity of operators and distribution channels.
In its report, the Authority formulates fourteen recommendations aimed at reconciling sector regulation with the preservation of balanced competition.
It notably recommends maintaining a prior authorization regime for activities that present proven environmental or safety risks, while avoiding extending this mechanism to commercial activities when it is not necessary.
The Authority also recommends establishing a mandatory "Perle de Tahiti" quality standard, based on a clear and transparent specification framework.
Regarding commercialization, it suggests prioritizing certification mechanisms for operators or products, accompanied by strengthened traceability measures such as batch registration, record-keeping, and targeted inspections.
Among its recommendations are also the need to ensure transparent procedures for granting and renewing authorizations, to provide clear public information regarding the rules governing the maritime public domain, and to assess the competitive effects of the new obligations imposed on professionals.
Finally, the Authority insists on a sensitive point: it advises against reintroducing a general ban on the marketing of treated pearls. According to the Authority, it would be preferable to strengthen information and labeling requirements in order to avoid any confusion for consumers while maintaining the diversity of products available on the market.
With this new reform, the Polynesian pearl industry continues its adaptation to an economic and environmental context that is constantly evolving, while seeking to preserve the balance between lagoon protection, production quality, and the competitiveness of the sector.