Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
In the article L. 211-1, after the word "date", the words are inserted: "their place of conservation".
In L. 211-1, the word "material" is deleted.
After Article L. 211-2, an article L. 211-2-1 is inserted as follows:
"Art.L. 211-2-1.-The High Council of Archives, placed with the Minister for Culture, is consulted on the policy implemented in public and private archives.
"In addition to his president, he is made up of a member of Parliament and a senator, members of law representing in particular the state and the local authorities, qualified personalities and elected staff representatives.
"The composition, modes of appointment of members and the modalities of operation of this board shall be determined by order. »
The a and b of section L. 211-4 shall be replaced by a text as follows:
“(a) The documents that carry out the activities of the State, territorial authorities, public institutions and other legal entities of public law or persons of private law responsible for the management of a public service, as part of their public service mission. The acts and documents of the parliamentary assemblies are governed by theOrder No. 58-1100 of 17 November 1958 on the functioning of parliamentary assemblies; "
Articles L. 212-1 to L. 212-5 are as follows:
"Art.L. 212-1.-The public archives are unrescriptible.
"No one can hold public records without right or title.
"The owner of the document, the administration of the archives or any public service of competent archives may engage in a public record claim, an action in nullity of any act which occurred in ignorance of the second paragraph or an action in restitution.
"The procedures for the implementation of the above provisions are set by decree in the Council of State.
"Art.L. 212-2.-At the end of their current use period, public records other than those referred to in Article L. 212-3 shall be selected to separate documents to be retained without administrative utility or historical or scientific interest for disposal.
"The list of documents or categories of documents intended for disposal and the conditions of their disposal shall be determined by agreement between the authority that produced or received them and the administration of the archives.
"Art.L. 212-3.-When public records contain personal data collected in the context of treatments governed by the Act No. 78-17 of 6 January 1978 On the expiry of the period provided for in the 5th of Article 6 of the said Law, this data is subject to a selection to determine the data intended to be retained and those, without administrative utility or scientific, statistical or historical interest, intended to be eliminated.
"The categories of data intended for disposal as well as the conditions of this disposal shall be determined by agreement between the authority that produced or received these data and the administration of the archives.
"Art.L. 212-4.-I. ― The public archives which, following the selection provided for in articles L. 212-2 and L. 212-3, are intended to be preserved are placed in a public archive service under conditions established by decree in the Council of State. This decree determines the cases where, by derogation from the above provisions, the administration of the archives leaves the care for the preservation of records produced or received by certain jurisdictions or agencies to the competent departments of these administrations or organizations when they present satisfactory conditions for the preservation, security, communication and access of documents. It sets the conditions for cooperation between the administration of the archives and those administrations or organizations.
"The foregoing provisions are not applicable to the archives of territorial authorities and territorial groupings.
“II. ― The preservation of public records of the activity of the persons referred to in section L. 211-4 who have not yet been the subject of the selection provided for in sections L. 212-2 and L. 212-3 is ensured by these persons under the scientific and technical control of the administration of the archives. Such persons may, after making the declaration to the administration of the archives, file all or part of these documents with natural or legal persons authorized to do so by the said administration. The deposit is subject to a contract that provides for the security and preservation of the documents filed and the terms and conditions of their communication and access, the control of these documents by the administration of the archives and their return to the depositor at the end of the contract. A decree in the Council of State sets out the terms of the declaration as well as the conditions for granting and withdrawing the approval of the depositaries, and specifies the contents of the clauses to be included in the contracts of deposit.
"Personal health data is filed under the conditions set out inArticle L. 1111-8 of the Public Health Code.
"III. – II applies to the filing of public records that are not subject to the obligation to pay in a public archive service.
"Art.L. 212-5.-When it is terminated the existence of a department, service, institution or organization holding public archives, they are, if not assigned by the deletion act, paid to a public archive service. »
I. ― After the article L. 212-6, an article L. 212-6-1 is inserted as follows:
"Art.L. 212-6-1.-The groupings of local authorities are owners of their archives and are responsible for their conservation and development. They may also entrust the preservation of their archives, by convention, to the archival service of one of the communities members of the group, or deposit them to the departmental department of competent archives.
"The repository to the departmental archival service is prescribed by the prefect, after a stay of no effect, when it is established that the retention of the archives of the group is not properly ensured. »
II. ― The title of sub-section 2 of chapter II, section 1, title I, of Book II is as follows: "Archives of Territorial Communities and Groups of Territorial Communities".
Article L. 212-9 is supplemented by two paragraphs as follows:
"The directors of the departmental archival services are chosen from among the Conservatives or the Conservatives General of the State Heritage.
"A decree in the Council of State sets out the modalities for the application of this article. »
In the first paragraph of Article L. 212-10, after the word "Territorials" are inserted the words "and groups of local authorities".
I. ― Article L. 212-11 is supplemented by a sentence as follows:
"In this case, documents may be retained either by the municipalities themselves or by the grouping of territorial communities of which they are members, or by convention, by the commune designated by that group to manage the archives of the group. »
II. ― Section L. 212-12 is amended as follows:
1° In the first paragraph, after the word "municipal", the words are inserted: "to the archives of the grouping of territorial communities whose members, by convention, are members of the archives of the commune designated by that group to manage the archives of the group or";
2° At the beginning of the second paragraph, the words: "This deposit" are replaced by the words: "The repository at the departmental archive service".
Article L. 212-23 is as follows:
"Art.L. 212-23.-The owner of classified archives planning to alienate them is required to make the declaration to the administration of the archives before the deadline set by decree in the Council of State. The same applies to the owner, holder or depositary of classified archives who plans to move them from one place to another.
"Any alienation must be notified to the administration of the archives by the person who consented to it, within fifteen days of the date of its completion. This notification specifies the name and address of the new buyer.
"The same applies to any transmission of archives classified by way of succession, sharing, donation or bequest. The notification is made by the heir, the co-partner, the donee or the legatee. »
Article L. 212-25 is supplemented by a paragraph as follows:
"All works on classified archives are carried out with the authorization of the archives administration and under its scientific and technical control. »
In the last paragraph of section L. 212-27, the reference "L. 212-3" is replaced by the reference "L. 212-2".
Article L. 212-29 is amended as follows:
1° The first paragraph is supplemented by two sentences as follows:
"He may exercise this right on his behalf or on demand and on behalf of a territorial community, a public institution or a recognized foundation of public utility. The applicant and recipient of the reproduction shall then pay the costs. » ;
2° It is added a paragraph to read:
"The reproductions to which this has been done are communicable to any person who makes the request, unless the owner has otherwise specified it before export. This information is given to the owner at the request for reproduction. »
Article L. 212-31 is supplemented by a paragraph as follows:
"The company authorized to proceed with the sale of private archive documents on the basis of the conditions specified in the last paragraph of Article L. 321-9 of the Commercial Code promptly notifies the transaction to the administration of the archives, with any useful indications regarding the said documents. »
Article L. 212-32 is as follows:
"Art.L. 212-32.-If it considers it necessary for the protection of the heritage of archives, the State shall exercise, on any private archive document put on public sale or sold voluntarily under the conditions provided for in the last paragraph of Article L. 321-9 of the Commercial Codea right of pre-emption by the effect of which it is subrogated to the buyer or the buyer.
"The declaration by the administration of the archives that it intends to use its right of preemption is made, at the end of the sale, in the hands of the public or ministerial officer directing the auctions or of the corporation authorized to organize the public sale or the sale of the goods voluntarily. The decision of the administrative authority shall, in a matter of nullity, intervene within fifteen days of the public sale or notification of the voluntary transaction. »
In the first sentence of the first paragraph of Article L. 212-33, after the words: "Territorial Authorities" are inserted the words: ", New Caledonia".
Chapter III of Book II title I reads as follows:
“Chapter III
“Communication regime
"Art.L. 213-1.-The public records are, subject to the provisions of Article L. 213-2, communicable in full law.
"Access to these archives is carried out under the conditions defined for administrative documents to theArticle 4 of Act No. 78-753 of 17 July 1978 carrying out various measures to improve the relationship between administration and the public and various administrative, social and fiscal provisions.
"Art.L. 213-2.-By derogation from the provisions of Article L. 213-1:
"I. ― Public archives are communicable in full right at the expiry of a period of:
« 1° Twenty-five years from the date of the most recent document or document included in the file:
“(a) For documents whose communication undermines the secrecy of the deliberations of the Government and the authorities responsible for the executive branch, the conduct of external relations, currency and public credit, the secrecy in commercial and industrial matters, the search by the competent authorities of tax and customs offences or the secrecy in statistics except where the data collected through questionnaires relating to the facts and behaviours of a private nature referred to in 4° and 5° are concerned;
“(b) For the documents mentioned in last paragraph of Article 1 of Act No. 78-753 of 17 July 1978 referred to aboveexcept for acts and documents produced or received by parliamentary assemblies;
"(c) For documents developed under a service delivery contract executed on behalf of one or more specified persons, unless these documents enter, as a result of their content, in the scope of application of 3° or 4° of this I;
"2° Twenty-five years from the date of death of the person concerned, for documents whose communication impairs the medical secret. If the date of death is not known, the time limit is one hundred and twenty years from the date of birth of the person in question;
« 3° Fifty years from the date of the most recent document or document included in the file, for documents whose communication undermines the secrecy of national defence, the fundamental interests of the State in the conduct of foreign policy, the security of the State, public security or the protection of privacy, with the exception of the documents mentioned in 4° and 5°. The same period applies to documents that have a value assessment or judgment on a natural person, named or easily identifiable, or that disclose the behaviour of a person under conditions that may affect him or her.
"The same period applies to documents relating to the construction, equipment and operation of works, buildings or parts of buildings used for the detention of persons or usually receiving persons detained. This period has been deducted since the end of the assignment to these uses of the buildings, buildings or parts of the building involved;
« 4° Seventy-five years from the date of the most recent document or document included in the file, or a period of twenty-five years from the date of the employee's death if the latter period is shorter:
“(a) For documents whose communication affects the confidentiality of statistics when data are involved in questionnaires related to private facts and behaviours;
“(b) For documents relating to investigations carried out by the judicial police services;
"(c) For documents relating to cases brought before the courts, subject to specific provisions relating to judgments, and to the enforcement of court decisions;
"(d) For minutes and directories of public or ministerial officers;
“e) For registers of birth and marriage of the civil status, as of their closing;
« 5° A hundred years from the date of the most recent document or document included in the file, or a period of twenty-five years from the date of the death of the person concerned if the latter period is shorter, for the documents mentioned in the 4th that relate to a minor person.
"The same deadlines apply to documents covered or covered by national defence secrecy whose communication is likely to affect the security of persons named or easily identifiable. The same applies to the documents relating to the investigations carried out by the judicial police services, the cases brought before the courts, subject to the special provisions relating to judgments, and the enforcement of court decisions whose communication undermines the privacy of the sexual life of persons.
“II. ― The public archives whose communication is likely to result in the dissemination of information to design, manufacture, use or locate nuclear, biological, chemical or other weapons with direct or indirect effects of destruction of a similar level are not available.
"Art.L. 213-3.-I. ― Authorization for consultation of public archives documents prior to the expiry of the time limits set out in section I of section L. 213-2 may be granted to persons who apply to them insofar as the interest attached to the consultation of these documents does not result in excessive impairment of the interests that the law has heard to protect. Subject to the minutes and directories of the notaries, the provisions of section 23 of the law of 25 ventôse an XI containing organisation of the notariat, the authorization shall be granted by the administration of the archives to persons who request it after agreement of the authority of which the documents emanate.
"The response time to a request for consultation cannot exceed two months from the date of registration of the application.
“II. ― The administration of the archives may also, after agreement of the authority from which the documents emanate, decide on the early opening of funds or parts of public archive funds.
"Art.L. 213-4.-The payment of public archive documents from the President of the Republic, the Prime Minister and other members of the Government may be accompanied by the signature of a protocol on the conditions for the processing, retention, valuation or communication of the money paid, for the duration of the period provided for in Article L. 213-2. The stipulations of this protocol may also apply to public archive documents from personal collaborators of the signatory authority.
"For the purposes of Article L. 213-3, the agreement of the pouring party required to authorize the consultation or early opening of the fund is given by the signatory of the protocol.
"The protocol ceases to have effect in the event of the death of the signatory and, in any event, on the expiry date of the time limits provided for in Article L. 213-2.
"Public archival documents paid prior to the publication of the Act No. 2008-696 of 15 July 2008 the archives remain governed by the protocols then signed. However, the terms of these protocols relating to the agent designated by the signatory authority cease to apply twenty-five years after the death of the signatory.
"Art.L. 213-5.-Any public or private archival administration is required to motivate any refusal it opposes an application for the communication of archive documents.
"Art.L. 213-6.- Public archival services that receive private archives as a gift, bequest, assignment or deposit are required to comply with the requirements of the donor, the author of the legacy, the assignor or the applicant for the preservation and communication of these archives.
"Art.L. 213-7.-The provisions of Articles L. 213-1 to L. 213-3, L. 213-5, L. 213-6 and L. 213-8 are displayed in an apparent manner in the premises open to the public of public archive services.
"Art.L. 213-8.-A decree in the Council of State determines the conditions under which authentic shipments and extracts of archive documents are issued.
“In particular, it specifies the conditions under which compensation is given:
“(a) The shipment or authentic excerpt of the pieces preserved in public archives services;
“(b) Authentic certification of copies of the plans retained in these same services, carried out on the same scale as the originals at the diligence of the concerned;
"(c) The authentic certification of photocopies and all reproductions and attachments of documents retained in these same services. »
Section L. 222-1 is amended as follows:
1° The first paragraph is as follows:
"The audiovisual or sound recording is communicable for historical or scientific purposes as soon as the proceeding has ended with a decision that has become final. » ;
2° The first sentence of the second paragraph is deleted.
Chapter IV of title I of book II is as follows:
“Chapter IV
« Criminal provisions
"Art.L. 214-1.-Any violation of the provisions of Article L. 211-3 shall be liable to penalties provided for in articles 226-13 and 226-31 of the Criminal Code.
"Art.L. 214-2.-Without prejudice to the application of Articles 314-1 and 432-15 of the Criminal Codethe violation, by an official or officer responsible for the collection or preservation of archives, of the conditions for the preservation or communication of the private archives referred to in Article L. 213-6 is punishable by one year's imprisonment and 15,000 € fine.
"Art.L. 214-3.-Without prejudice to the application of Articles 322-2, 432-15, 432-16 and 433-4 of the Criminal Code, the fact, for a person holding public archives because of his or her functions, to divert or subtract all or part of these archives or to destroy them without prior agreement of the administration of the archives is punishable by a penalty of three years imprisonment and a fine of 45,000 €.
"It is punishable by the same penalties, for a person holding public archives because of his or her functions, to have destroyed, diverted or subtracted all or part of these archives without prior agreement from the administration of the archives.
"When the facts set out in the first and second paragraphs are committed by negligence under the conditions and according to the distinctions set out in theArticle 121-3 of the Criminal Code, penalties are one year imprisonment and 15,000 € fine.
"The attempt of the offences referred to in the first paragraph and the fact, for the person referred to in the second paragraph, of allowing such an attempt to be committed is punishable by the same penalties.
"Art.L. 214-4.-Personals guilty of the offences provided for in Article L. 214-3 shall also be liable to the following additional penalties:
« 1° The prohibition of civil, civic and family rights, in accordance with the terms provided for by theArticle 131-26 of the Criminal Code ;
« 2° The prohibition, in accordance with the terms and conditions set out in section 131-27 of the same Code, of the exercise of a public service or of the exercise of professional or social activity in the exercise or in the exercise of which the offence was committed;
« 3° The confiscation, in accordance with the terms provided for in section 131-21 of the same code, of amounts or objects irregularly received by the perpetrator of the offence, with the exception of objects likely to be returned.
"Art.L. 214-5.-The fact that, for a person who has no right or title of public archives, does not return them without delay to the competent authority who makes the request is punished by a penalty of one year's imprisonment and a fine of 15,000 €.
"Art.L. 214-6.-Is punishable by three years' imprisonment and 45,000 € to fine the destruction by their owner of classified private archives, in violation of the provisions of Article L. 212-27.
"Art.L. 214-7.-Sont punished with a fine of 45,000 €, which can be increased to double the value of the alienated archives:
« 1° The alienation of private archives classified by their owner in contravention of the provisions of Article L. 212-23;
« 2° The sale of private archives in contravention of the provisions of Article L. 212-31.
"Art.L. 214-8.-Sont fined 30,000 €:
« 1° The alienation of archives classified without information of the acquirer of the existence of the classification under the conditions laid down in Article L. 212-24;
« 2° The conduct, without the administrative authorization provided for in Article L. 212-25, of any operation likely to alter or alter classified archives;
« 3° Failure to submit classified or pending records to the officers referred to in Article L. 212-22;
« 4° Displacement of classified archives from one place in another in violation of the provisions of the first paragraph of Article L. 212-23;
« 5° The absence of notification of a transmission of archives classified by way of succession, sharing, donation or bequest, in contravention of the provisions of the last paragraph of Article L. 212-23.
"Art.L. 214-9.-The legal persons declared criminally responsible for the offences provided for in Article L. 214-3 shall be liable for the penalties referred to in the 2°, 8° and 9° of Article 131-39 of the Criminal Code.
"The prohibition referred to in 2° of the same section 131-39 relates to the activity in the exercise or in the exercise of which the offence was committed.
"Art.L. 214-10.-Every person who has committed acts that may result in his conviction on the basis of Articles 432-15 and 433-4 of the Criminal Code may be subject to a ban on access to premises where public archive documents are consulted. This measure is pronounced by the administrative authority, for a maximum of five years, under conditions fixed by decree in the Council of State. »
In sections L. 730-1, L. 760-2 and L. 770-1, the reference "L. 214-5" is replaced by the reference "L. 214-10".
Section L. 730-2 is repealed.
Article L. 730-3 is as follows:
"Art.L. 730-3.-For its application in Mayotte, in the c of Article L. 211-4 and in the d of 4° of Article L. 213-2, after the words: "public or ministerial officers" are inserted the words: " and cadis". In the second sentence of the I of Article L. 213-3, after the word: "notaries", the same insertion is carried out. »
Section L. 770-2 is repealed.
The b of section 238 bis-0 AB of the General Tax Code is as follows:
“(b) The company undertakes to consent to the classification of the property as a historical monument in application of theArticle L. 622-4 of the Heritage Code or as historical archives pursuant to Article L. 212-15 of the same code; "
I. ― Both first paragraphs of Article 6 of Law No. 51-711 of 7 June 1951 on the obligation, coordination and secrecy of statistics are thus drafted:
“Subject to provisions of articles 40, 56, 76, 97 and 99 of the Code of Criminal Procedure and those of theArticle L. 213-3 of the Heritage Code, the individual information contained in the questionnaires covered by the visa provided for in section 2 of this Act and relating to personal and family life and, in general, to the facts and behaviours of a private order may not, except the decision of the administration of the archives, taken after notice of the Committee of Statistical Secret and relating to an application made for purposes of public statistics or scientific or historical research, be the subject of no time limit on the part of the
“Subject to provisions of articles 40, 56, 76, 97 and 99 of the Code of Criminal Procedure and those of theArticle L. 213-3 of the Heritage Codethe individual economic or financial information contained in the questionnaires covered by the visa provided for in section 2 of this Act shall not, unless the archives are administered, be made after notice of the Statistical Secret Committee, be the subject of any communication by the depositary service before the expiry of a period of twenty-five years after the date of completion of the census or investigation. »
II. ― The first paragraph of Article 6 bis of Act No. 51-711 of 7 June 1951 referred to above is as follows:
"A Statistical Secret Committee is established. The Committee is called upon to take a decision on any issue relating to secrecy in statistics. It provides its opinion on individual data requests collected under this Act. »
III. ― The last paragraph of section 7 ter of Act No. 51-711 of 7 June 1951 referred to above is deleted.
In the first paragraph of section 36 of Act No. 78-17 of 6 January 1978 on computers, files and freedoms, the reference is "L. 212-4" and the reference is "L. 212-3".
In the last paragraph of Article 6 of Order No. 58-1100 of 17 November 1958 on the functioning of parliamentary assemblies, the words: "30 years" are replaced by the words: "25 years, subject to the longer periods provided for in theArticle L. 213-2 of the Heritage Code "
After Article 7 of Order No. 58-1100 of 17 November 1958 referred to above, an article 7 bis is inserted as follows:
"Art. 7 bis.- Each Parliamentary Assembly is the owner of its archives and responsible for their conservation and development. It determines the conditions under which its archives are collected, preserved, classified and communicated. »
In the first sentence of the second paragraph of Article 1 of Act No. 78-753 of 17 July 1978, which dealt with various measures to improve the relations between the administration and the public and various provisions of an administrative, social and fiscal order, the words: "whatever the medium used for the seizure, storage or transmission of the information made up of it" are replaced by the words: "whatever their date, their place of preservation, their form and the transmission thereof".
In the last paragraph of Article 1 of Act No. 78-753 of 17 July 1978 referred to above, the words "acts of parliamentary assemblies" are replaced by the words "acts and documents elaborated or held by parliamentary assemblies".
In the second paragraph of Article 6 of Act No. 78-753 of 17 July 1978 referred to above, the words "in the secret of privacy and personal records" are replaced by the words "in the protection of privacy".
In the third paragraph of Article 20 of Act No. 78-753 of 17 July 1978 referred to above, after the words "propriety code" are inserted the words "and acts and documents drawn up or detained by the parliamentary assemblies".
In article L. 1421-1 of the General Code of Territorial Communities, after the words "Territorial Authorities" are inserted the words "and groups of territorial authorities".
I. ― After article 311-4-1 of the Criminal Code, an article 311-4-2 is inserted as follows:
"Art. 311-4-2.-The flight is punishable by seven years' imprisonment and 100,000 €' fine when it deals with:
« 1° A movable object classified or registered under the provisions of the Heritage Code or a private archive document classified under the provisions of the same code;
« 2° Archaeological discovery made during excavations or fortuitously;
« 3° A cultural property that falls within the public domain of furniture or is exhibited, preserved or deposited, even on a temporary basis, either in a museum in France, a library, a media library or an archive service, or in a place dependent on a public person or a private person performing a mission of general interest, or in a building assigned to worship.
"The penalties are applied to ten years in prison and 150,000 € in fine when the offence under this section is committed with one of the circumstances set out in section 311-4.
"The fines referred to in this article may be raised up to half the value of the stolen property. »
II. – The fourth, fifth and sixth paragraphs of section 322-2 of the same code are deleted.
III. ― In the last paragraph of section 322-3 of the same code, the words "of a place of worship" are deleted.
IV. ― After section 322-3 of the same code, an article 322-3-1 is inserted as follows:
"Art. 322-3-1. -Destruction, degradation or deterioration is punishable by seven years' imprisonment and a fine of 100,000 € when it deals with:
« 1° A building or movable object classified or registered under the provisions of Heritage Code or a private archive document classified under the provisions of the same code;
« 2° Archaeological discovery made during excavations or incidentally, a land on which archaeological operations or a building are carried out for worship;
« 3° A cultural property that falls within the public domain of furniture or is exhibited, preserved or deposited, even on a temporary basis, either in a museum in France, a library, a media library or an archive service, or in a place dependent on a public person or a private person performing a mission of general interest, or in a building assigned to worship.
"The penalties are applied to ten years in prison and 150,000 € in fine when the offence under this section is committed with the circumstance provided for in 1° of Article 322-3.
"The fines referred to in this section may be raised up to half the value of the property destroyed, degraded or deteriorated. »
V. ― Article 714-1 of the same code is as follows:
"Art. 714-1.-The first four paragraphs of section 322-3-1 are replaced by a paragraph to read as follows:
"Destruction, degradation or deterioration is punishable by a seven-year prison sentence and a fine of €100,000 when it relates to a classified, registered or protected movable building or object under the applicable local regulations, an archaeological discovery made during excavations or incidentals, a land containing archaeological remains or an object preserved or deposited in museums, libraries or archives belonging to a public service, which is responsible for public service »
VI. ― Section 724-1 of the same code is read as follows:
"Art. 724-1.-The first four paragraphs of section 322-3-1 are replaced by a paragraph to read as follows:
" The destruction, degradation or deterioration is punishable by a seven-year prison sentence and a fine of €100,000 when it relates to a classified, registered or protected movable building or object under applicable local regulations, an archaeological discovery made during searches or fortuitment, a land containing archaeological remains or an object preserved or deposited in museums, libraries or archives belonging to a public service, which is responsible for a public service, “”
VII. ― In the first paragraph of Article 2-21 of the Code of Criminal Procedure, the references: "the 3rd and 4th of Article 322-2" are replaced by the reference: "Article 322-3-1".
VIII. ― The Heritage Code is amended as follows:
1° In Article L. 114-3, the references: "at 3° and 4° of Article 322-2" are replaced by the reference: "at 322-3-1";
2° Article L. 114-4 is amended as follows:
(a) In the first paragraph, the references: "of 3° and 4° of Article 322-2" are replaced by the reference: "of Article 322-3-1";
(b) In the second paragraph, the references: "at 3° and 4° of 322-2" are replaced by the reference: "at 322-3-1".
In the conditions provided by theArticle 38 of the Constitution, the Government is authorized to amend and supplement, by order, the provisions of title I of Book II of the Heritage Code, those of Act No. 78-753 of 17 July 1978 referred to above, as well as other legislative provisions on access to administrative documents or public records, in order to harmonize the rules applicable to them. The order shall be made no later than the last day of the ninth month following the promulgation of this Act. A bill of ratification is tabled before Parliament within three months of the issuance of the order.
The Government shall submit to Parliament, no later than one year after the promulgation of this Act, and every three years thereafter, a report on the conditions for the collection, classification, preservation and communication of archives in France. In particular, this report presents measures to ensure the sustainability of digital archives.
This law will be enforced as a law of the State.
Done in Paris, July 15, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
The Seal Guard, Minister of Justice,
Rachida Dati
Minister of Culture
and communication,
Christine Albanel
