Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Agriculture, Food, Fisheries and Rural Affairs,
Having regard to the Constitution, including article 38;
Considering the rural code;
Considering Law No. 2001-602 of 9 July 2001 on forest orientation;
In view of Act No. 2003-591 of 2 July 2003, empowering the Government to take measures to simplify and codify the law by order;
The Council of State heard;
The Council of Ministers heard,
Order:
The rural code is modified as follows:
I. - 1° Articles L. 126-7 and L. 126-8 are replaced by the following:
"Art. L. 126-7. - In areas or perimeters where plantations and seedlings of forest essences or re-enactment after shaved cuts are prohibited or regulated, pursuant to Article L. 126-1, the prefect may impose on land owners who are not subject to an agricultural or pastoral occupation and whose enrichment or spontaneous afforestation may affect the security of open buildings or roads
"When the landlord does not undertake this decay, the landlord may be executed by the territorial authorities and under the conditions referred to in Article L. 151-36.
"Art. L. 126-8. - The conditions for the application of articles L. 126-1 to L. 126-7 are determined by a decree in the Council of State. »
2° An article L. 126-9 is drafted as follows:
"Art. L. 126-9. - The destruction without authorization of the woods, hedges and alignment plantations referred to in Article L. 126-6 is punishable by a fine of EUR 3,750.
"This offence is found under the conditions set out in section L. 121-22. »
II. - In article L. 221-4, the words: "in accordance with chapter II of title V of Book VI" are replaced by the words: "in accordance with chapter III of title V of Book VI".
III. - In section L. 223-2, the reference to sections L. 221-2 and L. 221-3 is replaced by the reference to sections L. 221-1 and L. 221-2.
IV. - In articles L. 231-2, L. 231-5 and L. 231-6, the reference to article L. 227-4 is deleted.
V. - The first paragraph of Article L. 234-2 is supplemented by the following provisions:
"People who have custody of these animals are prohibited from holding these substances without justification. »
VI. - In the first paragraph of Article L. 234-3, the words: "without respect for the conditions provided for in Article L. 234-2 or by decree" are replaced by the words: "without respect for the conditions provided for in Article L. 234-2 or by decree respectively".
VII. - At the end of Article L. 237-1, the words: "to the provisions of Article L. 234-2" are replaced by the words: "to the provisions of Article L. 234-2 I to VII."
VIII. - In the last paragraph of Article L. 241-6, the reference to Article L. 241-7 is deleted.
IX. - In Article L. 241-9, the words "or replace", "or replace" and "replace" are deleted.
X. - In Article L. 241-10, the reference to Article L. 241-7 is deleted.
XI. - Section L. 241-11 is replaced by the following provisions:
"Art. L. 241-11. - In the event of an outbreak, students of French veterinary schools meeting the requirements of Article L. 241-6 and students of the National School of Veterinary Services may, in the cases and conditions determined by decree in the Council of State, practise medicine and veterinary surgery without having the quality of veterinary assistant or veterinary doctor. »
XII. - At 2° of Article L. 243-1, the words "or former student" are deleted.
XIII. - In chapter I of Book II title V, section 2 entitled "Protective measures against pests" includes sections L. 251-3 to L. 251-11.
XIV. - In the first sentence of Article L. 251-19, the word "registrations" is replaced by the word "inspections".
XV. - After the article L. 522-5, an article L. 522-6 is inserted as follows:
"Art. L. 522-6. - By derogation from Article L. 522-5, a cooperative for the use of agricultural equipment may, without the need to provide for it in its statutes, on behalf of the municipalities of less than 2,000 inhabitants or their public establishments in the territorial jurisdiction of which one of the members of the cooperative has the seat of its farm, agricultural work or rural development in accordance with its social object as soon as the amount of such work exceeds 25 »
XVI. - The 9° and 10° of Article L. 722-20 are replaced by the following:
« 9° Presidents and executives of simplified equities when these companies fall within 1 to 4° of Article L. 722-1;
« 10° Leaders of associations with an agricultural object, meeting the conditions set out in the second paragraph of the d of the 1st paragraph of Article 261 of the General Tax Code;
« 11° Administrators of mutual groupings under 6th of this Article, as long as they receive a service allowance and do not, as a compulsory measure, fall under a social security regime. »
XVII. - The first paragraph of section L. 732-13 is repealed.
XVIII. - The first two paragraphs of Article L. 761-20 are replaced by the following:
"A decree sets out the terms and conditions for the management by the agricultural accident insurance bodies of the departments of Upper Rhine, Lower Rhine and Moselle of private life accidents to the persons mentioned in Article L. 761-19. »
XIX. - Chapter IV of title VI of Book VII is amended as follows:
1° Section 1, entitled "Salariés dés à l' étrangers", is supplemented by an article L. 764-3 as follows:
"Art. L. 764-3. - The provisions of Article L. 761-7 of the Social Security Code apply to beneficiaries of this section and their beneficiaries. »
2° Section 2, entitled "Expatriated Salaries", includes Article L. 764-4 as follows:
"Art. L. 764-4. - French nationals who exercise in a foreign country an agricultural activity waged or assimilated within the meaning of Article L. 722-20 and who are not or are no longer subject to French legislation under an international convention or Article L. 764-2 may adhere to the voluntary assurances provided for in Chapter II of Title VI of Book VII of the Social Security Code and benefit from the corresponding benefits under the conditions provided for in the book.
"French farms and agricultural enterprises may, on behalf of the French wage-earners they employ abroad, make the necessary formalities for the accession of these persons to the voluntary insurance provided for in the first paragraph or to some of them. They must make such formalities when employees so request. »
3° Section 3, entitled "Agricultural Operators Abroad", includes Article L. 764-5 as follows:
"Art. L. 764-5. - French nationals who operate in a foreign country a non-earmarked agricultural activity within the meaning of Article L. 722-1 are entitled to join voluntary insurance against the risks of sickness and expenses of maternity, as provided for in chapter III of Title VI of Book VII of the Social Security Code. »
4° Section 4, entitled "Employee of Agricultural Old Age Insurance Plans Living Abroad", includes section L. 764-6 as follows:
"Art. L. 764-6. - Persons of French nationality who have a pension benefit allocated under a compulsory or voluntary French old-age insurance plan, justifying a minimum insurance period for this regulatory plan and who, having no professional activity, resident in a foreign country, have the power to adhere to voluntary insurance against the health risks and expenses of the maternity, as provided for in chapter IV of Title VI of Book VII. »
5° Section 5, entitled “Common Provisions”, includes articles L. 764-7 and L. 764-8 as follows:
"Art. L. 764-7. - The provisions of Chapter VI of Title VI of Book VII of the Social Security Code apply to persons referred to in sections 2, 3 and 4 of this chapter.
"Art. L. 764-8. - The measures necessary to implement this chapter are determined by decree in the Council of State. »
6° Section L. 764-9 is repealed.
Sections 731, 742 and 744 of the old rural code are repealed.
Section 20 of the above-mentioned Act of 9 July 2001 is repealed.
I. - The provisions of Article 1 II to VII apply to Mayotte.
II. - In article L. 571-1 of the rural code, the words: "with the exception of articles L. 522-3 and L. 522-4" are replaced by the words: "with the exception of articles L. 522-3, L. 522-4, L. 522-6".
III. - Article L. 582-6 of the same code is supplemented by the following provisions:
"Section L. 522-6 does not apply in New Caledonia. »
The Prime Minister and the Minister of Agriculture, Food, Fisheries and Rural Affairs are responsible for the application of this Order, which will be published in the Official Gazette of the French Republic.
Done in Paris, December 11, 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Agriculture, Food,
and Rural Affairs,
Hervé Gaymard
