Key Benefits:
Prime Minister,
On the report of the Minister of Ecology and Sustainable development,
Given the code of the environment, including article L. 331-7;
Given the state domain code;
Given the forest code;
Due to the general code of public ownership;
Due to the criminal code;
Given the code of criminal procedure;
Given the rural code;
Given the code of sport;
Given the code of tourism;
Given the code of town planning;
Given the decree of 9 January 1852 modified on the exercise of maritime fishing;
Seen the Law n ° 43-374 of 6 July 1943 on the execution of geodesic and cadastral works and the conservation of signals, markers and markers, validated by Law No. 57-391 of 28 March 1957;
In view of Act No. 63-156 of 23 February 1963 of finance for 1963, as amended by Act No. 2004-1485 of 30 December 2004, in particular Article 60;
In the light of Law No. 83-8 of 7 January 1983 on the distribution of powers Between municipalities, departments, regions and the state, in particular Article 57;
Law No. 95-115 of 4 February 1995 as amended d' orientation pour l' aménagement et le développement du territoire;
Vu la loi n ° 2000-321 du 12 avril 2000 amending relative aux droits des citoyens dans leurs relations avec les administrations, notamment ses Articles 21 and 22;
In accordance with Law No. 2006-436 of 14 April 2006 on National Parks, Marine Natural Parks and Regional Natural Parks, in particular Article 31;
Seen in Order No. 58-1136 of 28 November 1958 Organic Law Concerning appointments to civil and military posts of the State, in particular its Article 4;
In view of Decree No. 53-1227 of 10 December 1953 on the accounting rules applicable to national public institutions of an administrative nature, as amended by Decrees Nos. 62-1587 of 29 December 1962, No. 2005-387 of 19 April 2005 and No. 2005-436 of 9 May 2005;
In light of Decree No. 62-1587 of 29 December 1962 on the general regulation of public accounts;
In light of Decree No. 71-360 of 6 May 1971 amending Act No. 68-1181 of 30 December 1968 on the exploration of the continental shelf and the exploitation of its resources Natural;
In light of Decree No. 77-1133 of 21 September 1977, as amended for the purposes of Act No. 76-663 of 19 July 1976 on installations classified for the protection of the environment;
Given the Decree No. 90-94 of 25 January 1990 as amended for the purposes of Articles 3 and 13 of the Decree of 9 January 1852, as amended on the exercise of the maritime fishery;
In light of the amended Decree No. 90-437 of 28 May 1990 laying down the conditions and rules for the settlement of costs Caused by the displacement of civilian personnel in the metropolitan territory of France When they are responsible for the budgets of the State, national public institutions of an administrative nature and certain subsidised bodies;
In view of Decree No. 91-1110 of 21 October 1991 on authorisations for occupation Temporary concerning the areas of wetting and light equipment in the maritime public domain;
In light of Decree No. 91-1139 of 4 November 1991 on the organisation and missions of the regional environmental directorates in metropolitan France ;
In view of Decree No. 92-335 of 30 March 1992 amending the rules of organisation And the operation of the National Committee for Maritime Fisheries and Marine Farming and the Regional and Local Committees for Marine Fisheries and Marine Farming;
In view of Decree No. 92-681 of 20 July 1992 on revenue authorities and The imprest accounts of public bodies, as amended by Decrees Nos. 92-1368 of 23 December 1992, No. 97-33 of 13 January 1997 and No. 2000-424 of 19 May 2000;
Having regard to the amended Decree No. 93-742 of 29 March 1993 on authorisation procedures and Declaration provided for in Article 10 of Law No. 92-3 of 3 January 1992 on water;
Seen Decree No. 94-37 of 12 January 1994 on the organisation and missions of the regional environmental directorates in the overseas regions, as amended by Decree No. 2004-1430 of 23 December 2004;
In the light of Decree No. 95-1204 of 6 November 1995 on the authorisation of works using hydraulic power and amending Decree No. 93-742 of 29 March 1993 on the authorisation and declaration procedures laid down in Article 10 of Law No. 92-3 of 3 January 1992 on water, Modified by Decree No. 2004-490 of 3 June 2004;
In light of Decree No. 99-575 of 8 July 1999 Concerning the arrangements for the approval of certain financial decisions of public institutions of the State;
Having regard to Decree n ° 2004-112 of 6 February 2004 on the organisation of the action of the State at sea;
Given the decree n ° 2004-308 of 29 March 2004 on concessions for the use of the maritime public domain outside ports;
Given the decree n ° 2004-374 of 29 April 2004 on the powers of the prefects, the organisation and action of state services in the regions and Departments, as amended by Decree No. 2005-1621 of 22 December 2005;
In view of Decree No. 2005-757 of 4 July 2005 on financial control in public administrative institutions of the State;
Having regard to Decree No. 2005-1514 of 6 December 2005 concerning the overseas organisation of the action of the State at sea;
Given the decree N ° 2005-1755 of 30 December 2005 on the freedom of access to administrative documents and the re-use of public information, taken for the purposes of Law n ° 78-753 of 17 July 1978;
Given Decree No. 2006-649 of 2 June 2006 Relating to mining, underground storage and the mining and mining Underground storage;
In view of the opinion of the Regional Council of the Meeting as of 27 June 2006;
Having regard to the opinion of the General Council of the Meeting as of 5 July 2006;
In view of the reference to the Regional Council of Guiana on 29 May 2006;
In view of the referral to the General Council of Guiana on 29 May 2006;
Seeing the referral to the Martinique Regional Council of 29 May 2006;
Seeing the referral to the General Council of Martinique of 26 May 2006;
Seeing the reference to the Guadeloupe Regional Council as of June 19, 2006;
Seeing the Referral to the General Council of Guadeloupe in Date of June 2, 2006;
In view of the opinion of the Senior Commission of Sites, Perspectives and Landscapes dated March 16, 2006;
In the opinion of the National Nature Conservation Council as of March 23, 2006;
In view of the opinion of the Technical Committee Joint Special Joint Meeting of all National Parks Public Institutions as of April 11, 2006;
In light of the opinion of the Departmental Joint Technical Committee of the Department of the Environment dated June 15, 2006;
In view of the Committee's opinion Interdepartmental National Parks as of June 26, 2006;
The Council of State (Section of Public works) heard,
Clipping:
Chapter I of Title III of Book III of the Environment Code is replaced by the following provisions:
"Chapter I
" National Parks
"Section I
" Creating and General provisions
"Subsection 1
" Creating the park
" Paragraph 1
" Procedure
" Art. R. 331-1. -The fundamental principles applicable to all national parks shall be adopted by the Minister responsible for the protection of nature after the opinion of the board of directors of the public establishment National Parks of France
Art. R. 331-2. -The public interest grouping provided for in Article L. 331-3 shall be constituted in accordance with the provisions of Article L. 131-8 and the regulations made for its application
He conducts the pre-establishment studies of a national park and develops a file to assess the interest of this creation.
" Art. R. 331-3. -The prefect responsible for following the procedure for the establishment of a park is that of the department in which this creation is planned or, when this project covers more than one department, the coordinator designated by the Prime Minister
Art. R. 331-4. -The file drawn up by the public interest group shall be submitted for opinion to the municipalities whose territory is likely to be included for all or part in the heart of the national park and to the municipalities considered to be entitled to join the national park. The charter of the national park, the public institutions for the intercommunal cooperation on taxation to which these municipalities belong, as well as to the departments and regions
The chairman of the public interest group shall also address the case to the consular chambers and the regional centres of the forest property concerned, as well as to the persons to whom he wishes to collect the opinion and which appear on a list Prepared in conjunction with the prefect.
" Art. R. 331-5. -The creation dossier, together with the opinions collected pursuant to Article R. 331-4, shall be submitted by the Minister responsible for the protection of nature to the Prime Minister, who shall decide whether to take into account the proposed creation Of the park.
" This decision shall be published in the Official Journal of the French
. With a view to informing the public, when the project for the establishment of a park is taken into consideration, the decision and the plan for the delimitation of the spaces to be classified in a park core shall be posted for one month in the town halls Interested communes.
" Art. R. 331-6. -The application for authorisation provided for in Article L. 331-6 shall be submitted to the Prefect, who shall act after the opinion of the Regional Scientific Council for Natural
. The silence kept by the prefect for more than five months on the application for authorisation is a rejection decision.
" Authorization is not required for normal maintenance jobs.
" Art. R. 331-7. -The public interest group shall develop the proposed national park charter in consultation with the persons referred to in R. 331-4.
" Art. R. 331-8. -The prefect shall submit to the public inquiry, under the conditions laid down in Articles R. 123-7 to R. 123-23, a file which includes:
" 1 ° A presentation report indicating the purpose and reasons for the establishment of the national park;
" 2 ° A document presenting the components of the natural, cultural and landscape heritage which give the grounds of the heart of the park the character justifying their classification and containing the presentation of the rules whose enactment is envisaged for the protection of These spaces;
" 3 ° The draft charter and the draft composition of the board of directors of the public establishment of the park;
" 4 ° A graphic document showing the spaces included in the heart of the park and the spaces in the communes with a vocation to adhere to the charter;
" 5 ° Where appropriate, a graphic document delimiting the urban spaces in the heart of the park within the meaning of Article L. 331-4.
" Art. R. 331-9. -The project for the establishment of the park and the draft charter shall be adopted by the Minister responsible for the protection of nature in the light of, inter alia, the report and the opinion of the investigating commissioner or the committee of inquiry, comments and proposals By the public interest group at the end of the investigation and the opinions of the prefects interested in the creation of the
. Art. R. 331-10. -The Prefect addresses the draft Charter to the municipalities which are entitled to accede to the Charter which deliberates on their accession within a period of four months, if necessary after obtaining the opinion of public institutions of intercommunal cooperation That they belong to.
"Paragraph 2
" Authoring Order
" Art. R. 331-11. -The decree for the establishment of a national park is taken on the report of the Ministers concerned, in view of the deliberations of the municipalities consulted pursuant to Article R. 331-10.
" It shall determine the composition of the board of directors of the public establishment of the park and the seat of that establishment, which may be amended by order of the Minister responsible for the protection of nature on the proposal of the board of directors of Public institution.
" Where applicable, it repeals the decrees for the classification of natural reserves included in the heart of the
. Art. R. 331-12. -For the purpose of informing the public, the decree of creation shall be posted for one month in the town halls of the municipalities
. An opinion on the decree of creation shall be inserted by the prefect in two newspapers broadcast in the relevant
. The creation order is made available to the public on the Ministry's Nature Protection website for at least six months.
"Paragraph 3
" Effects
" Art. R. 331-13. -The signals, markers and landmarks intended to materialize the perimeter of the core of the park shall be established in accordance with the conditions laid down in Law No. 43-374 of 6 July 1943 on the execution of geodesic and cadastral works and the conservation of the Signals, bounds, and markers.
" The decision by which the board of directors of the public establishment of the national park gives such elements a permanent character shall be notified by the superintendent of the park to the mayors who shall ensure the display and, where appropriate, the communication To the occupier.
" Without prejudice to the provisions of Article L. 331-19-1, the damage and interest which may be due to the public establishment of the national park due to the degradation or destruction of the signalling elements may be equal to the amount Expenses necessitated by their reconstitution, including those relating to geodesy, survey or levelling operations required for this reconstruction.
" Art. R. 331-14. -I.-Documents which, pursuant to the fourth paragraph of Article L. 331-3, must be compatible or made compatible within three years of the approval of the Charter if they are prior to the Charter, with the Protection objectives defined for the core of the park are:
" 1 ° The document for the management of the agricultural and forestry space provided for in Article L. 112-1 of the Rural Code;
2 ° The departmental scheme of piscicole provided for in Article L. 433-2 of this Code;
" 3 ° The action programme for the protection and development of the periurban agricultural and natural spaces provided for in Article L. 143-2 of the urban planning code;
4 ° The regional forestry guidelines laid down in Article L. 4 of the Forest Code;
5 ° Regional schemes for silvicultural management of private forests provided for in Articles L. 4 and L. 222-1 of the same code;
6 ° Forest and forest management documents in the domain of the State provided for in Articles L. 4 and L. 133-1 of the same code;
7 ° Development documents, as provided for in Articles L. 4 and L. 143-1 of the same code, of woods and forests capable of development, of regular exploitation or of reconstruction, and of woodlands belonging to regions, departments, Municipalities, public institutions, public utilities, mutual societies and savings banks;
" 8 ° The standard management regulations provided for in Articles L. 4, L. 133-1 and L. 143-1 of the same code;
9 ° The wind regional scheme provided for in Article L. 553-4 of this Code;
" 10 ° The departmental career scheme provided for in Article L. 515-3;
11 ° The departmental plan for areas, sites and routes relating to sports of a nature provided for in Article L. 311-3 of the Code of Sport or, failing that, the departmental plan for walking and walking routes provided for in Article L. 361-1 of the Present code;
" 12 ° The departmental plan for motorised hiking routes provided for in Article L. 361-2;
" 13 ° The master planning and water management scheme provided for in Article L. 212-1;
" 14 ° The water management and management scheme provided for in Article L. 212-3;
" 15 ° The departmental pattern of cynegtic management provided for in Article L. 425-1;
" 16 ° The regional guidelines for the management and conservation of wildlife and its habitats provided for in Article L. 414-8;
17 ° The regional scheme for tourism and leisure development under Article L. 131-7 of the Tourism Code;
18 ° The country charter provided for in Article 22 of Act No. 95-115 of 4 February 1995 as amended d' orientation pour l' aménagement et le développement du territoire;
" 19 ° The sea development scheme provided for in Article 57 of Act No. 83-8 of 7 January 1983, as amended, on the distribution of powers between municipalities, departments, regions and the
. II. -Where the drafts of these documents are submitted for opinion to the public establishment of the national park pursuant to the third paragraph of Article L. 331-3 of Article L. 331-3 of this Code, they shall be accompanied by the environmental report provided for in Article R. 122-20 if required.
" The absence of a reply from the establishment within two months from the date of receipt of the request for an opinion is favourable.
"Subsection 2
" Extension, Editing and editing
" Art. R. 331-15. -The perimeter of the heart of the national park and of the territory of the municipalities entitled to adhere to the national park charter can be extended:
" 1 ° At the request of the municipal council of municipalities candidates with the agreement of the board of directors of the public establishment of the national park;
2. Either on the proposal of the board of directors of the public establishment of the national park with the agreement of the municipal council of interested
. The proposed extension and, where appropriate, amendment of the charter shall, after approval by the Minister responsible for the protection of nature, be sent for the opinion of the chairman of the board of the public establishment of the national park Persons referred to in the first paragraph of R. 331-4. It is subject to public inquiry by the prefect in the municipalities concerned by the extension.
" The extension and, where appropriate, the amendment of the charter are decided by decree in the Council of State. They shall be subject to the publicity measures provided for in Article R. 331-12.
" Art. R. 331-16. -Amendments which do not affect the general scheme of the objectives or guidelines of the charter shall be approved by the board of directors of the public establishment of the park by a two-thirds majority, after consultation with the Persons mentioned in the first paragraph of R. 331-4.
" However, if the proposed amendments concern the rules on land use and occupation, a public inquiry shall be conducted in the municipalities
. The amended charter is the subject of the advertising measures provided for in Article R. 331-12.
" Art. R. 331-17. -The procedure for the revision of the Charter shall be conducted in accordance with the procedure laid down in Articles R. 331-7 to R. 331-10. The public establishment of the national park fulfils the role of the public interest group.
"Subsection 3
" Work in the heart of the park
" Art. R. 331-18. -The decree establishing the park establishes the list of works which may be subject to the special authorisation provided for in Article L. 331-4.
" Work not on this list may nevertheless be authorized after the advice of the Interdepartmental Committee on National Parks and the National Council for Nature
. Art. R. 331-19. -Applications, made pursuant to Article L. 331-4, to authorize works, constructions and installations which are not subject to town planning permission shall be addressed to the public establishment of the national
. Where the application relates to the urbanised spaces defined in the decree of creation, the director of the public institution shall forward it with its opinion to the prefect within two months.
" Subsection 4
"More favorable provisions
for certain categories of people
" Art. R. 331-20. -The rules and the charter of the park may, for the benefit of categories of persons listed in Article L. 331-4-2, provide for more favourable provisions, compatible with the objectives of protecting the heart of the park, for the allocation of a Authorization when the authorization is for the following jobs:
" 1 ° Work to renovate, modify or extend existing dwellings during the classification of the heart of the national park, provided that there are no obstacles to agricultural, pastoral or forestry activities and no access road New is built;
" 2 ° Restoration work for a building where it remains the essential part of the carrying walls where its architectural or heritage interest justifies its continuation, subject to respect for its main features and not to develop new Access path;
" 3 ° Work on other existing buildings modifying their exterior appearance or destination.
" Art. R. 331-21. -The rules and the charter of the park may provide, for the benefit of categories of persons listed in Article L. 331-4-2, in the areas of the heart of the park they identify, exceptions to the prohibitions laid down by them, in particular Commercial activities necessary for tourism compatible with the objectives of the park, the use of water, traffic and, without prejudice to the application of the provisions specific to animal and plant species, the collection of animals Or plants for their personal consumption.
"Section II
" National Park Management and Management
National Park Public Establishment
" Subsection 1
"Missions
" Art. R. 331-22. -Public establishments in national parks, in addition to the tasks recognised to them by Articles L. 331-8 and L. 331-9, have as their purpose:
" 1 ° Contribute to the policy of protecting the natural, cultural and landscape heritage;
" 2 ° Support and develop any initiative for the knowledge and monitoring of the natural, cultural and landscape heritage;
" 3 ° To contribute to public education policy on knowledge and respect for the environment
For these purposes, they may, in particular, participate in programmes of research, development, technical assistance and conservation of the natural, cultural and landscape heritage, training, reception and facilitation, and join trade unions Mixed, public interest groups and other bodies responsible for the protection of the environment, development or sustainable development, tourism, pastoral management, natural site management or public reception on site Natural, or cooperate with them.
" Subsection 2
"General Administration
" Paragraph 1
" Board of Directors
" Art. R. 331-23. -I.-The board of directors shall settle the affairs of the establishment by its
. It shall deliberate in particular on:
" 1 ° General conditions of organisation and operation of the institution;
" 2 ° The by-laws of the board of directors, the office, the scientific council and the economic, social and cultural council of the public institution;
" 3 ° General activity and investment programmes;
" 4 ° Objective contract projects with the state;
" 5 ° Research contribution programs and grants;
" 6 ° The annual balance sheet, profit and loss account and proposals for the creation of reserves;
" 7 ° Annual activity report;
" 8 ° The rate policy of the establishment as well as the fees payable under temporary occupancy permits for buildings allocated to the public establishment;
" 9 ° The annual statement of revenue and expenditure forecasts and changes;
" 10 ° Contracts, contracts and contracts exceeding an amount fixed by him;
" 11 ° The conclusion of medium or long-term borrowing;
" 12 ° General conditions for the granting of advances to bodies or companies whose purpose is to contribute to the execution of the tasks of the institution;
" 13 ° The granting of mortgages, bonds or other guarantees;
" 14 ° Acquisition or disposal of immovable property, leases and leases of buildings of more than nine years;
" 15 ° Justice actions to be filed on behalf of establishment and transactions;
" 16 ° Membership in bodies with legal personality;
" 17 ° The acceptance or refusal of donations and bequests.
" II. -The board of directors also deliberates on:
" 1 ° Implementation programmes of the national park charter by the institution;
" 2 ° The conventions for the application of the charter and the partnership contracts for projects relating to the implementation of the charter provided for in Article L. 331-3 and the conventions for the implementation of Article L. 331-9-1;
3 ° Requests for an opinion under Article L. 331-3 of Article III;
" 4 ° The proposals, made to the competent administrative authorities pursuant to Article L. 331-14, specific measures for fishing, sea traffic and the management of the maritime public domain in the heart of the national park;
5 ° The work or measures to restore degraded ecosystems or prevent the harmful development of natural environments in the heart of the national park, on the report of the Director and the President of the Scientific Council;
" 6 ° Charter revision project.
" Art. R. 331-24. -The Administrative Board may delegate some of its powers to the Chairman of the Administrative Board or the Bureau, except those provided for in the 1 °, 2 °, 6 °, 9 °, 12 ° and 16 ° of the I of Article R. 331-23 and at 6 ° of the same Item.
" Art. R. 331-25. Article R. 331-24 shall be granted by the Management Board to the Director of the Institution, with the exception, in addition, of the powers provided for in Articles R. 331-23,
°, 10 ° and 11 ° 11. It may also authorize the Director, for the duration of his or her duties, to adopt, in agreement with the member of the General Economic and Financial Supervisory Body, the changes to the budget that do not affect the amount of this budget or the staff of the Staff. The Director shall report on decisions taken under this authority at the meeting of the Board of Directors following their intervention. "
" Art. R. 331-27. -The administrator who, during his term of office, dies, resigns or loses the quality in respect of which he has been appointed shall be replaced for the term of office remaining to be run by a person designated under the same conditions
The members of the Board of Directors shall perform their duties free of charge. They shall be reimbursed for travel and subsistence expenses incurred by them under the conditions laid down in the rules applicable to civil servants of the
. Art. R. 331-28. -The Board of Directors shall meet as often as the proper functioning of the establishment requires and at least twice a year upon convocation by its Chairman, who shall fix the
. The summons shall be entitled if requested by the Minister for the Protection of Nature or by at least half of the members of the Board on a specified
. The board of directors can validly deliberate only if at least half of its members are present. If the quorum is not present, the Council shall be reconvened on the same agenda within 15 days. It then validates regardless of the number of members present.
" The deliberations shall be adopted by a majority of the members present or represented. In case of equal division of votes, that of the presiding officer shall be paramount.
" The Commissioner of the Government, the Director, the Deputy Director, the member of the Economic and Financial General Control Corps and the accounting officer shall attend the meetings with a consultative
. The Board of Directors may hear any person from whom the Board considers the hearing to be useful to its information
Minutes of each sitting of the Board of Directors shall be drawn up by the President of the sitting and by the Secretary. The minutes shall be sent without delay to the Minister responsible for the protection of nature
Art. R. 331-29. -The Board of Directors shall elect the Chairman of the Board of Directors and two Vice-
. The Chairman of the Board of Directors facilitates and coordinates the activities of the Board of Directors and the Bureau, as well as the monitoring, evaluation, modification and revision of the Charter of the National
. It ensures the implementation of the charter in the membership area.
" An allowance may be awarded to the Chairman of the Board of Directors to compensate for the hardship imposed on him by his or her duties. Its amount shall be determined by the Administrative Council within the limit of a ceiling fixed by the joint decree of the Minister responsible for nature protection and the Minister responsible for the budget and shall take the form of a global allocation allocated to each Year. "
" Art. R. 331-31. -The Board of Directors shall comprise an office comprising the Chairman of the Board of Directors, the Chairman of the Scientific Council, a President of the Regional Council, a President of the General Council and at least one representative of The State, a representative of the local authorities and their groups, the representative of the staff of the establishment and a person appointed on account of his
. The composition of the Bureau and the conditions for the appointment of its members shall be specified by the rules of procedure adopted by the Administrative
. The Bureau shall prepare the work and follow the execution of the decisions of the Management Board, shall exercise the powers delegated to it and, except as a matter of urgency, shall examine the regulatory measures envisaged by the
. The Director, the Assistant Director, the accounting officer and the member of the General Economic and Financial Control Board attend the meetings of the office with an advisory voice.
" Paragraph 2
"Scientific Council, Economic,
, and Cultural Council
" Art. R. 331-32. -A scientific council shall assist the Board of Directors and the Director in the performance of their duties, in carrying out the tasks referred to in Article R. 331-22 and in the course of the monitoring, evaluation, modification and Review of the National Park Charter.
" This council is made up of qualified persons in the life sciences, the Earth and in the humanities and social sciences, appointed by the prefect of the department in which the public establishment of the park has its seat, for a period of six Years renewable.
" Members of the Scientific Council shall perform their duties free of charge. They shall be reimbursed for travel and subsistence expenses incurred by them under the conditions laid down in the rules applicable to civil servants of the
. The Chairman of the Scientific Council shall submit an annual activity report to the Management
. Art. R. 331-33. -An economic, social and cultural council shall assist the board of directors and the director, in particular in matters relating to contract policy, monitoring of the implementation of the charter and animation of local
. This council is made up of representatives of organizations, associations and personalities who, because of their object or quality, participate in the economic, social and cultural activity in the park or contribute to local life, as well as Representatives of residents and park users.
" The composition of this Council and the conditions for appointment of its members shall be laid down in the rules of procedure adopted by the Management Board. The board elects its president.
" The President of the Economic, Social and Cultural Council presents an annual activity report to the Board of Directors.
"Paragraph 3
" Director
" Art. R. 331-34. -The Director shall exercise the general direction of the public
. He shall be assisted by an assistant, appointed by order of the Minister responsible for the protection of nature, who shall be replaced in the event of absence or incapacity and to which he may delegate part of his powers
It shall prepare and ensure the implementation of the deliberations of the Board of Directors. It shall exercise, by delegation, the powers of the Board of Directors referred to in Article R. 331-25
It operates the services of the institution and, as such, prepares the budget, recruits and manages staff and directs the services.
" It shall be the authorising officer of the revenue and expenditure of the
. It signs public procurement.
" It can delegate its signature.
" It represents the establishment in all acts of civil life and in its dealings with third parties. It may, in addition, by delegation of the board of directors, be appointed for the duration of its functions to bring proceedings in the name of the public institution or to defend the establishment in the proceedings brought against it. It reports to the board of directors.
" It shall provide the secretariat of the various bodies of the public establishment of the park and of the commissions established for the monitoring, evaluation, modification or revision of the national park
. It shall draw up the annual activity report of the establishment and submit it for approval to the Management
. Art. R. 331-35. -Where the Director takes a regulatory action in connection with the exercise of the police powers granted to him by Article L. 331-10, he shall inform the Administrative Council
. When the Director exercises the powers granted to him by Article L. 331-19-1 for the repression and prosecution of road traffic offences, he shall notify the prefect of the minutes of the ticket of the ticket within ten days after Writing it.
" The prescribed acts of the director shall be posted for two months at the headquarters of the public establishment of the park and shall be published within three months of their intervention in a collection made available to the public at the premises of the establishment.
"Paragraph 4
" Personal
" Art. R. 331-36. -Technicians and technical agents of the environment of the specialty " protected areas which are commissioned and sworn in shall be subject to the wearing of distinctive signs, the list of which shall be fixed by order of the minister responsible for Environment.
" They shall be required to carry, under the conditions laid down by order of the Minister responsible for the environment, the equipment and armaments provided to them by the
. Art. R. 331-37. -Technicians and technical agents in the environment of the specialty "protected areas may be called upon to perform a service during the night and on Sundays and holidays.
" They may be required to accommodate by absolute necessity of service in the administrative residence of their assignment.
"Subsection 3
" Financial Arrangements and Accountants
" Art. R. 331-38. -The institution shall be subject to the financial and accounting system applicable to national public institutions of an administrative
. The establishment shall be subject to the financial control provided for in Decree No. 2005-757 of 4 July 2005 on financial control in public administrative institutions of the
. Art. R. 331-39. -The accounting officer of the institution shall be appointed by joint order of the Minister responsible for the protection of the nature and the minister responsible for the budget
Art. R. 331-40. -The resources of the public establishment of the park provided for in Article L. 331-11 shall
: 1 ° The subsidies of the State, public or public or private bodies and the revenue of patronage;
" 2 ° Contracts products and conventions;
" 3 ° The product of the sale of publications and documents on any medium;
" 4 ° The proceeds of disposals and participations;
" 5 ° Income from movable and immovable property;
" 6 ° Donations and bequests;
" 7 ° The financial product of the investment result of its funds;
" 8 ° The proceeds of disposals;
" 9 ° Generally, all revenues authorized by laws and regulations.
" Art. R. 331-41. -The expenditure of the establishment shall include staff costs not covered by the State or local authorities, operating and equipment costs and, in general, any expenditure necessary to Facility activity.
" Art. R. 331-42. -It may be established in the establishment of revenue authorities and expenditure authorities under the conditions laid down in Decree No 92-681 of 20 July 1992 on revenue and imprest accounts of public bodies.
"Subsection 4
" Monitoring
" Art. R. 331-43. -The Commissioner of the Government to the public establishment of the national park shall be the prefect of the département in which the public establishment of the national park has its seat. It may be represented by an official under his authority.
" The Commissioner of the Government shall receive the summons addressed to the members of the Management Board and the Bureau and shall sit with a consultative vote at all meetings of these bodies as well as those of the committees they have established. It may request the inclusion of items on the Governing Council's agenda.
" It shall, under such conditions as it lays down, receive copies of the deliberations of the Management Board and, if it so requests, decisions taken on the delegation of that
. Art. R. 331-44. -The deliberations of the Board of Directors shall be legally binding if the Government Commissioner does not object to it within 15 days after the date of the meeting of the Board of Directors if he or she Was represented by the date of receipt of the minutes of the sitting.
" When requesting in writing additional information or documents, the time limit shall be suspended until such information or documents are
. The Government Commissioner may request a second release within the above-mentioned time limits. In this case, the release, to be confirmed, must be adopted by a majority of the members of the board.
"Section III
" Terms Specific
"Subsection 1
" National Parks
Marine Spaces
" Art. R. 331-46. -Belonging of maritime spaces to the core or adjacent marine area of a national park shall result in membership of that core or adjacent maritime area of the maritime public domain, waters and the underlying airspace, without prejudice to the International law applicable to these spaces.
" Art. R. 331-47. -Where the national park whose creation is proposed or whose charter is revised includes marine areas that constitute a core of a park or adjacent areas, the provisions of Subsection 1 of Section 1 of this chapter shall be Completed by the following provisions:
" 1 ° Consultation on the dossier drawn up by the public interest group organised by Article R. 331-4 is extended to the Marine Protected Areas Agency as well as to the Regional Committee for Maritime Fisheries and Marine Farms and to the Section Regional shellfish aquaculture stakeholders;
" 2 ° The file submitted to the public inquiry set out in Article R. 331-8 includes, on the one hand, a graphic document which delineates the maritime spaces in the heart of the national park and those which form the adjacent maritime area, accompanied by The indication of the corresponding geographical coordinates, and on the other hand a document setting out the protection objectives and the guidelines provided for those spaces;
" 3 ° To the opinions referred to in Article R. 331-9, in the light of which the Minister shall adopt the draft Charter shall be added the opinion of the representative of the State at sea and the opinion of the Prefect of the region responsible for maritime fishing;
" 4 ° To the public information measures provided for in Article R. 331-12 shall be added the posting of the decree of creation in the departmental directorates of equipment and the departmental Directorates for Maritime Affairs, territorially competent For the marine areas of the park.
" Art. R. 331-48. -The extension of the marine spaces included in a park core or adjacent marine area is, by way of derogation from the rules provided for in Article R. 331-15, jointly proposed by the public establishment of the national park and the Representative of the State at sea, after the opinion of the regional prefect of maritime
. The draft extension shall be addressed to the persons consulted pursuant to Articles R. 331-4 and R. 331-47.
" It is subject to a public inquiry organised in the departmental directorates of equipment and the departments of maritime affairs territorially competent.
" The extension is approved by decree in the State Council.
" Art. R. 331-49. -Where the public establishment of the national park has proposed to an administrative authority of the State to submit to a particular scheme one of the activities listed in the first paragraph of Article L. 331-14, that authority, if it does not Give effect, inform the establishment of the reasons for the refusal, unless they are related to national defence
. Art. R. 331-50. -The public establishment of the national park shall be consulted, under the conditions laid down in III of Article L. 331-14, on requests for the following activities:
" 1 ° Authorizations for defence against the sea in the maritime public domain pursuant to Article L. 211-7;
" 2 ° Authorizations for dredging in accordance with Articles L. 214-1 to L. 214-6;
" 3 ° Disposal Authorities under Article L. 218-44;
" 4 ° Beach concession authorizations pursuant to Article L. 2124-4 of the General Public Property Code;
" 5 ° Authorizations for temporary occupation of the maritime public domain pursuant to Articles L. 2122-1 and L. 2124-5 of the General Public Property Code and R. 53 and R. 54 of the State Domain Code;
" 6 ° Temporary occupation authorities for sea-area and light equipment in the maritime public domain pursuant to Article 3 of Decree No. 91-1110 of 21 October 1991, as amended;
" 7 ° Authorizations for the concession of the maritime public domain pursuant to Article 1 of Decree No. 2004-308 of 29 March 2004 on concessions for the use of the maritime public domain outside ports;
" 8 ° Authorizations for the opening of mining works or underground storage works pursuant to Article 3 of Decree No. 2006-649 of 2 June 2006 concerning mining, underground storage and the mining and mining Underground storage;
" 9 ° Authorizations for the exploitation of marine animals and the exploitation of marine crops pursuant to Article 2 of the Decree of 9 January 1852 on the exercise of the maritime fishery and fishing authorisations pursuant to the Decree of 9 January 1852 on the exercise of maritime fishing;
" 10 ° Fishing licences pursuant to Article 4 of Decree No 92-335 of 30 March 1992 laying down the rules for the organisation and operation of the National Committee for Maritime Fisheries and Marine Farming and the Regional and Local Committees of the Marine fisheries and marine operations;
" 11 ° Authorizations for installations classified under Article L. 512-1 of this Code;
" 12 ° Authorizations for the opening of work on the continental shelf pursuant to Articles 7 to 13 of Decree No. 71-360 of 6 May 1971 amending the application of Act No. 68-1181 of 30 December 1968 on the exploration of the continental shelf And the exploitation of its natural resources;
" 13 ° Authorizations for works, works and arrangements subject to public inquiry mentioned at 5 °, 15 ° and 37 ° of Annex I to Article R. 123-1, when they concern spaces and littoral
. Art. R. 331-51. -Where the national park has maritime spaces, the representative of the State at sea is a member of the board of the public establishment of the national park.
" Subsection 2
"Terms specific to overseas departments
" Art. R. 331-52. -In the overseas departments, the regulation and charter of the park may also provide for the benefit of categories of persons listed in Article L. 331-4-2 to authorise, in the heart of the park and outside the urban spaces of this Heart, construction, renovation, modification or extension of buildings for use in residential or handicraft use, provided that this work does not affect the character of the park, that there is no impediment to activities Agricultural, pastoral or forestry is the result and no new access road is Managed.
"Section IV
" Full Reserves
" Art. R. 331-53. -The full reservations provided for in Article L. 331-16 shall be created, after consultation with the owners, by decree taken on the report of the Minister responsible for the protection of nature
In the absence of written consent of the owners on the nature and basis of the particular hardship, and where applicable, the classification shall be pronounced by decree in the Council of
. Art. R. 331-54. -The management plan for the wilderness area is adopted by the board of directors of the park's public establishment on the proposal of the scientific council.
" Section V
"Allowances
" Art. R. 331-55. -Any compensation payable as a result of measures taken pursuant to Articles L. 331-2, L. 331-9 and L. 331-16 shall be borne by the
. Art. R. 331-56. -Owners may require the acquisition of their property when the measures taken for the management and management of the park have decreased by more than half the benefits of any nature.
" Art. R. 331-57. -Requests for compensation and requests for acquisition under Article R. 331-56 shall be addressed to the Director of the Institution by registered letter with a request for notification of
. They specify the amounts claimed and their justification.
" They shall include the indication of other holders of real rights or of personal rights in the buildings to which they are
. The institution must respond within four months from the date of receipt of the request. This response is motivated and explains what is available.
" Art. R. 331-58. -In the absence of an amicable agreement within six months of the receipt of the application, or if the public establishment has not replied within the period laid down in the last paragraph of Article R. 331-57, the person concerned may refer the matter to the judge of the expropriation in the jurisdiction Of which the goods are located by registered letter with the request for a notice of receipt sent to the secretariat of the said judge
The judge shall rule on the allowances, on the right of the applicant to require the acquisition of his property by the public institution and possibly on the price of the
. Art. R. 331-59. -Provided that the terms "expropriating," expropriated and "expropriation orders are substituted, as the case may be, the words" establishment of the Park, "Applicant and" Establishment Order, shall apply to claims for compensation and Applications for the acquisition of real property by the public establishment:
" 1 ° Articles L. 13-5 to L. 13-9, L. 13-12, L. 13-14 to L. 13-25, L. 14-3, L. 15-3 and L. 16-3 of the code of expropriation for reasons of public utility;
" 2 ° Articles R. 13-22 to R. 13-53 of the Code of Expropriation for Public
. However, Article L. 13-17 and Articles R. 13-43 to R. 13-46 of the aforementioned Code shall apply only to requests for the acquisition of buildings by the establishment.
" Section VI
"National Parks Interdepartmental Committee
" Art. R. 331-60. -The Interdepartmental Committee on National Parks is placed with the Prime Minister, who determines its composition and operation by order.
" This committee is consulted on the creation of new parks, charter projects, and draft legislation and regulations for national
. It may be consulted by one of the Ministers interested in any matter relating to these parks.
"Section VII
" Criminal Provisions
"Subsection 1
" Finding and Finding Offenses
" Art. R. 331-61. -I.-The officials of the public establishments in the national parks responsible for the investigation and recognition of the offences, who have the technical and legal knowledge necessary to carry out these functions, are commissioned by the Prefect of the The department in which the public establishment of the national park has its headquarters, on the proposal of the director of the establishment. The prefect shall issue to the agent commission the commission stating its object.
" For the maritime areas of the national parks, the agents shall also be commissioned by the representative of the State at sea competent for the maritime area in which these spaces are situated, under the conditions laid down in the preceding
. The officers shall carry out their judicial police duties in the national park and in the territory of the communes with a vocation to accede to the park
. II. -Commissioned agents may exercise their judicial police duties only after taking the oath before the high court of their administrative
. The oath is as follows: " I swear and promise to good and faithfully perform my duties and to observe in all the duties they impose on me. I also swear that I will not reveal anything or use what will be brought to my knowledge, on the occasion of my duties.
" The mention of the swearing-in shall be recorded on the new commission by the registry of the court receiving the oath
The oath is not required in the event of a new commission of commission, regardless of the subject matter. Reference to the previous swearing-in shall be brought to the new Commission by the Registry of the Court of Large Instance of the administrative residence of the person
. III. -In the performance of his or her duties, a commissioned and sworn officer shall be required to keep his commission permanently and present it to the person he or she controls when requested to do so.
" Subsection 2
"Criminal Sanctions
" Art. R. 331-62. -Within the meaning of this subsection, the regulations applicable to the heart of the national park shall mean the laws and regulations applicable to national parks, general rules for the protection of the park core (s) fixed by The creation order, the terms and conditions of application by the park charter of these general rules, and the regulatory provisions applicable to the heart of the park, as enacted by the director of the public establishment of the national park under the The police powers granted to him or her and by the mayor in the case of the last Article L. 331-10.
" Art. R. 331-63. -punishable by the fine for the tickets of the 2nd class the fact, in contravention of the rules applicable to the heart of the national park, to use something which, by its noise, is such as to disturb the calm and tranquility of the Places.
" Art. R. 331-64. -The fine for the 3rd class ticketing penalty is punishable by a violation of the rules applicable to the heart of the national park concerning:
" 1 ° Abandonment, deposit, jet, discharge or discharge of refuse, waste, materials or any other object of any nature;
" 2 ° The movement and parking of persons and vehicles other than land-based motor vehicles, the movement and divagation of animals, bivouac, parking and camping in a vehicle or a habitable trailer or all Other mobile shelter;
" 3 ° The exercise of scuba diving and the use of motor gear designed for progress under the
. Art. R. 331-65. -Is punished with the fine for the 4th class tickets, in contravention of the rules applicable to the heart of the national park:
" 1 ° To infringe, hold or transport, in any way, non-domestic animals, uncultivated plants regardless of their stage of development or parts thereof, minerals or fossils;
" 2 ° To introduce animals or plants within the heart of the national park, regardless of their stage of development;
" 3 ° intentionally disturbing or disturbing animals, by any means, without having been authorized to do so;
" 4 ° To make inscriptions, signs or drawings on stones, trees or any other movable or immovable property;
" 5 ° Use artificial lighting, whatever its support, location and duration, excluding the lighting of buildings for residential use, urban public lighting and lighting used by public services Backup.
" Art. R. 331-66. -The fine for the 4th class ticketing is punishable by failing to comply with the provisions of the rules applicable to the heart of the national park which restrict or prohibit the practice of games or sports
Art. R. 331-67. -Is punishable by the fine for the 5th class tickets, in contravention of the regulations applicable to the heart of the park:
" 1 ° Abandon, deposit, discard, dump or reject refuse, waste, materials or any other object of any kind by means of a vehicle;
" 2 ° circulate or park with a motor vehicle;
" 3 ° Take away from the heart of a national park, sell, sell or buy non-domestic animals, uncultivated plants, regardless of their stage of development, or parts thereof, of minerals or fossils originating The core of the national park;
" 4 ° possess a weapon that can be used for hunting;
" 5 ° To turn on fire;
" 6 ° Do not comply with the requirements for authorisations issued for works, buildings, installations or
. Art. R. 331-68. -The fine for the 5th class ticketing is punishable by failing to comply with the rules applicable to the heart of the national park limiting or prohibiting:
" 1 ° Agricultural, pastoral and forestry activities;
" 2 ° The freshwater fishing and the underwater fishing or the carrying of the corresponding weapons or gear or their detention in a vehicle or craft in the heart of the national park;
" 3 ° Search or use of materials;
" 4 ° Business or craft activities;
" 5 ° Organisation of sports or cultural events;
" 6 ° Photographic, cinematographic, radio or television activities;
" 7 ° Overview of the heart of the national
. Art. R. 331-69. -The penalty for the contravention of the 5th class is punished:
" 1 ° To oppose the inspection of bags, mass graves or pocket bags by the agents authorised to observe the infringements in this section;
" 2 ° Move or damage signals, markers or markers that materialize the heart of the park;
" 3 ° To pour into the natural environment of the heart of the National Park of Used Oils
Art. R. 331-70. -Infringements of the regulation of a full reserve and the offences punishable by the provisions of Articles R. 331-63 to R. 331-66, when committed in a wilderness area, are subject to the fine provided for in 5th class tickets.
" Art. R. 331-71. -The natural persons recognised liable for the offences provided for in this section shall also face the additional penalty of forfeiture of the thing that has served or was intended to commit the offence or the thing that is Product.
" Art. R. 331-72. -Legal persons recognised liable under the conditions laid down in Article 121 (2) of the Criminal Code for the offences provided for in this section shall be subject to the following
: 1 ° The fine under the conditions laid down in Article 131-41 of the Criminal Code;
" 2 ° The confiscation of the thing that served or was intended to commit the offence or the thing that is the product thereof.
" In addition, if they are found liable for offences provided for in Articles R. 331-67 to R. 331-70 of this Code, they shall be prohibited, for a period of up to three years, from issuing cheques other than those which Allow the shooter to withdraw funds from the shot or those who are certified.
" Art. R. 331-73. -The repetition of the contraventions provided for in Articles R. 331-67 to R. 331-70 shall be reprimanded in accordance with Articles 132-11 and 132-15 of the Criminal
. Art. R. 331-74. -As provided for in Article R. 48-1 of the Code of Criminal Procedure, the provisions of Article 529 of that Code relating to the lump sum fine shall apply to contraventions provided for in Articles R. 331-63 to R. 331-66 of this
. Art. R. 331-75. -In the event of a conviction under this section, the court may order the public establishment of the national park of animals, plants and objects of any nature to be fraudulently removed from the heart of the National park.
" It may also, in the case of a conviction for one of the offences defined in Articles R. 331-67 and Article R. 331-68 of Article R. 331-68, order, at the expense of the convicted person, the restoration of the premises in their condition Program. As stated in Article L. 331-28, the provisions of Articles L. 480-7, L. 480-8 and L. 480-9 of the Code of Town Planning are
. Art. R. 331-76. -The recovery of the refunds ordered for the benefit of the institution and that of the damages awarded to it shall be paid without charge to its profit by the accountants of the Treasury.
" Subsection 3
"Transaction
" Art. R. 331-77. -The director of the public establishment of the national park, when considering dealing with the prosecution of offences and contraventions, address, for agreement, the proposed transaction:
" 1 ° To the Regional Director for Agriculture and Forestry if the offence has been committed in relation to the forest;
" 2 ° To the competent administrative authority provided for in Article R. 437-6 if the offence has been committed in the field of freshwater fishing;
" 3 ° To the competent administrative authority provided for in Article 1 of Decree No 89-554 of 2 August 1989 concerning transactions in the prosecution of maritime fisheries infringements if the infringement has been committed in respect of fishing Marine.
" Art. R. 331-78. -Any proposal for a transaction, accompanied where appropriate by the agreement obtained pursuant to Article R. 331-77, shall be transmitted to the Public Prosecutor within the four-month time limits for the contraventions and one year for the Offences, calculated from the close of the minutes.
" Where the prosecutor of the Republic has given its consent to the proposed transaction, the Director shall notify the author of the infringement in duplicate. The latter, if accepted, shall return a signed copy within one month of receipt.
"Section VIII
" National Parks of France
" Art. R. 331-79. -The members of the board of directors of the public establishment National Parks of France shall be appointed for a renewable period of six
. The members of the board of directors other than the chairmen of the board of directors and the directors of each national park public establishment, and the Commissioner of the Government placed with the public establishment, shall be appointed by Minister responsible for the protection of nature.
" Art. R. 331-80. -The director of the public establishment National Parks of France shall be appointed by order of the Minister responsible for the protection of nature, after consulting the board of directors of the
. Art. R. 331-81. -Are applicable to the public establishment National Parks of France the provisions:
" 1 ° I of Article R. 331-23. The Administrative Board shall also give its opinion on the allocation of financial resources globally to national parks and the creation of common services under the conditions laid down in Article R. 331-83;
" 2. Sections R. 331-24, R. 331-25, R. 331-27, R. 331-28 and the first paragraph of R. 331-29;
" 3 ° R. 331-34;
" 4 ° Sections R. 331-38 to R. 331-42;
" 5 ° Paragraphs 2 and 3 of Article R. 331-43;
" 6 ° Sections R. 331-44 and R. * 331-45.
" Art. R. 331-82. -A scientific council shall assist the chairman of the board of directors and the director of the establishment in the performance of the tasks entrusted to the establishment. It shall be consulted, in particular, on the studies and research programmes conducted or coordinated by the institution or in which it participates. It can also make any recommendation.
" The scientific council consists of two colleges:
" -the College of Presidents of the Scientific Councils of the National Parks Public Institutions;
" -a college of ten persons chosen on the basis of their competence in the fields of mission of the establishment, appointed by order of the Minister responsible for the protection of
. He shall elect a Chairman and a Vice-Chairperson.
" Members of the Scientific Council shall perform their duties free of charge. They shall be reimbursed for travel and subsistence expenses incurred by them under the conditions laid down in the rules applicable to civil servants of the
. The Chairman of the Scientific Council shall submit an annual activity report to the Management
. The Secretariat of the Scientific Council shall be provided by the Director of the
. Art. R. 331-83. -The common services provided for in Article L. 331-29 may be created and financed under the following conditions:
" 1 ° Where the service is requested by at least three public establishments in the national parks, its creation shall be decided by a majority of the members present or represented on the board of directors. In this case, the service shall be open to the institutions which, each year, shall make the request before the budget vote and shall be the subject of a budget annexed by the said institutions;
" 2 ° Where the service is requested by at least two thirds of the public establishments in the national parks, its creation shall be decided unanimously by the members present or represented on the board of directors. In this case, the service is open to all establishments.
" Art. R. 331-84. -The seat of the establishment shall be fixed by order of the Minister responsible for the protection of nature after the advice of the board of directors.
"Section IX
" Provisions Specific to each national park
" Art. R. 331-85. -The provisions for each national park are set out in the following orders:
" 1 ° Decree No. 63-651 of 6 July 1963 creating the Vanoise National Park;
" 2 ° Decree No. 63-1235 of 14 December 1963 establishing Port-Cros National Park;
" 3 ° Decree No. 67-265 of 23 March 1967 creating the National Park of the Western Pyrenees;
" Decree No. 70-777 of 2 September 1970 establishing the National Park of Cévennes;
" 5 ° Decree No. 73-378 of 27 March 1973 establishing the National Park of Ecrins;
" 6 ° Decree No. 79-696 of 18 August 1979 establishing the Mercantour National Park;
" Decree No. 89-144 of 20 February 1989 creating the national park of Guadeloupe. "
The environment code is modified as follows:
I.-Article R. 341-10 is supplemented by a paragraph worded as follows: If the natural monument or site classified or classified is located in the heart of a national park, this authorization shall be issued by the director of the public establishment of the national park. ".
II. -Article R. 341-11 is replaced by the following:
" Art. R. 341-11. -The prefect, or where appropriate the director of the public establishment of the national park, decides after the opinion of the architect of the Buildings of France and, whenever he considers it useful, of the departmental commission of nature, landscapes and Sites.
" The prefect, or the director of the public establishment of the national park, shall inform the committee of the decisions he has taken. "
III. -In Article R. 411-19, the words: National Parks " Are replaced by the words: " National Park hearts ".
IV. Article R. 411-21, 2 °, reads as follows: " 2 ° For a national park core, by the director of the national park establishment; ".
V.-In II of article R. 411-21, the words: By the Park Superintendent in National Parks " Are replaced by the words: " By the Superintendent of Public Establishment of the National Park in a National Park Heart ".
VI. Article R. 414-8 is supplemented by the following provisions:
" III. -Where the Natura 2000 site is located for the most part within the perimeter of a national park, the board of directors of the public establishment of the national park shall draw up a planning document for the implementation of the National Park Charter, the content of which is consistent with the provisions of R. 414-11 and which has the objective document value for the site.
" IV. -Where land under the Ministry of Defence is included both within the perimeter of the Natura 2000 site and in that of the core of the national park, the provisions of the planning document provided for in III concerning these lands are Subject to the assent of the Commander of the Land Region. "
The environment code is modified as follows:
I.-Sections R. 332-69, R. 332-70, R. 332-71 and R. 332-73 are replaced by the following:
" Art. R. 332-69. -The penalty for the offences of the 2nd class is punished by the fact, in breach of the regulation of a nature reserve, to use something which, by its noise, is such as to disturb the calm and tranquility of the
. Art. R. 332-70. -The fine for the 3rd class ticketing is punishable by a violation of the rules applicable to the nature reserve concerning:
" 1 ° Abandonment, deposit, jet, discharge or discharge of refuse, waste, materials or any other object of any nature;
" 2 ° The movement and parking of persons and vehicles other than land-based motor vehicles, the movement and divagation of animals, bivouac, parking and camping in a vehicle or a habitable trailer or all Other mobile shelter;
" 3 ° The exercise of scuba diving and the use of motor gear designed for progress under the
. Art. R. 332-71. -Is liable for the fine for the fourth class tickets, in contravention of the regulations of a nature reserve:
" 1. To infringe, hold or transport, in any manner whatsoever, non-domestic animals, uncultivated plants regardless of their stage of development or parts thereof, minerals or fossils, without prejudice to The application of Article L. 415-3;
" 2 ° To introduce animals or plants within the nature reserve, regardless of their stage of development;
" 3 ° intentionally disturbing or disturbing animals, by any means, without having been authorized to do so;
" 4 ° To make inscriptions, signs or drawings on stones, trees or any other movable or immovable property;
" 5 ° Use artificial lighting, whatever its support, location and duration, excluding the lighting of buildings for residential use, urban public lighting and lighting used by public services Backup.
" Art. R. 332-73. -punishable by the fine for the 5th class tickets, in breach of the rules of a nature reserve:
" 1 ° Abandon, deposit, discard, dump or reject refuse, waste, materials or any other object of any kind by means of a vehicle;
" 2 ° circulate or park with a motor vehicle;
" 3 ° Take away from the nature reserve, offer for sale, sell or buy non-domestic animals, uncultivated plants regardless of their stage of development or parts thereof, minerals or fossils, from Nature Reserve;
" 4 ° possess a weapon that can be used for hunting;
" 5 ° To turn on fire;
" 6 ° enter or circulate within a nature reserve where entry or traffic is prohibited;
" 7 ° Do not comply with the requirements which may be attached to authorisations issued for works, buildings, installations or installations. "
II. -Article R. 332-74 is replaced by the following provisions:
" 2 ° Freshwater fishing, marine fishing and underwater fishing or the port of the corresponding weapons or gear or their possession in a vehicle or craft circulating in the nature reserve; ".
III. -Article R. 332-77 is replaced by the following:
" Art. R. 332-77. -Legal persons recognised liable under the conditions laid down in Article 121 (2) of the Criminal Code for the offences provided for in this section shall be subject to the following
: 1 ° The fine under the conditions laid down in Article 131-41 of the Criminal Code;
" 2 ° The confiscation of the thing that served or was intended to commit the offence or the thing that is the product thereof.
" In addition, they shall be liable for offences provided for in Articles R. 332-73 to R. 332-75 to prohibit, for a period of up to three years, to issue cheques other than those which permit the withdrawal of Funds by the shooter from the shot or those certified. "
In the b of Article R. 48-1 of the Code of Criminal Procedure, the words: " R. 331-63 to R. 331-66, Article R. 331-68 of the Environment Code for National Parks " Are replaced by the words: " Articles R. 331-63 to R. 331-66 of the Environment Code for National Park hearts ".
Rural code is modified as follows:
I. The first paragraph of Article R. 112-1-2 is supplemented by the following words: And, where applicable, to the public establishment of the national park for the party of interest to the national park. "
II. -It is inserted, in Article R. 313-2, after 19 °, a paragraph worded as follows:
' 20 ° Where applicable, a representative of the public establishment of the national park located for all or part in the department. "
The urbanism code is modified as follows:
I.-In the I of the Annex to Article R. 126-1, the words: " National parks classified pursuant to Articles L. 331-1 to L. 331-7 of the Environment Code " Are replaced by the words: " Rules under Section L. 331-4 of the Environmental Code applicable in the heart of a national park ".
II. -Article R. 421-19 is supplemented by a paragraph worded as follows:
" (i) Where the construction is situated in a space within the perimeter of the core of a national park or intended to be included within the meaning of Article L. 331-6 of the Environment Code. "
III. -Before the first paragraph of Article R. 421-38-7, the following shall be inserted:
" I.-Where the project is located in a space within the perimeter of the core of a national park or which is intended to be included within the meaning of Article L. 331-6 of the Environment Code, the building permit, the permit to be installed, the licence of To demolish or the decision taken on the prior declaration shall take place on the basis of the special authorisation provided for in Article L. 331-4 or Article L. 331-6 of the same code, since the decision has been agreed:
" -the prefect when the project is located in a space intended to be in the heart of the national park;
" -the director of the public establishment of the national park when the project is located outside the urbanised areas of the heart of the national park, delimited by the decree of creation;
" -the prefect after consultation with the director of the public establishment of the national park when the project is located in the urban areas of the heart of the national park, delimited by the decree of creation. "
IV. -The first paragraph of Article R. 421-38-7, which became the fifth paragraph, is preceded by the words: II.
V.-In R. 460-3, the words: " National park established pursuant to Articles L. 331-1 to L. 331-7 Are replaced by the words: " National park establishment established pursuant to Articles L. 331-1 and L. 331-2 ".
In Article 9 of Decree No. 77-1133 of 21 September 1977, after the Words: " At the National Institute of Controlled Appellations ", shall be inserted: , to the public establishment of the national park ".
In the second paragraph of Article 8 of Decree No. 91-1139 of November 4, 1991, the words: " The charters of the regional nature parks and the development of the outlying areas of the national parks " Are replaced by the words: " The charters of the national parks and regional parks ".
It shall be inserted after the d of Article 6 of Decree No 93-742 of 29 March 1993, Paragraph thus written:
" (e) To the director of the public establishment of the national park if the operation for which the authorization is sought is located within the boundaries of a national park. "
In the second paragraph of Article 8 of Decree No. 94-37 of 12 January 1994, as amended, the words: The charters of the regional nature parks and the development of the outlying areas of the national parks " Are replaced by the words: " The charters of the national parks and regional parks ".
The provisions of Sections R. 331-29, R. 331-32 and R. 331-34 of the Environmental Code relating to the monitoring, evaluation, modification and revision of the national park charter are applicable to the development of the charter in the parks Date of publication of Law No. 2006-436 of 14 April 2006 mentioned above.
Done at Paris, July 28, 2006.
Dominique de Villepin
By the Prime Minister:
Minister of Ecology
and Sustainable Development,
Nelly Olin
The Minister of State,
Minister of the Interior
and Spatial Planning,
Nicolas Sarkozy
Minister of Defence,
Michèle Alliot-Marie
Minister of the Economy,
Finance and Industry,
Thierry Breton
Justice Minister,
Pascal Clément
The Minister of Transport, Equipment,
for Tourism and the Sea,
Dominique Perben
Minister of Agriculture and Fisheries,
Dominique Bussereau
The Minister for Overseas,
François Baroin
