Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations,
Considering the environmental code, including chapter III of Book IV title II;
Given the general tax code, including its article 964 ;
In light of Act No. 2009-526 of 12 May 2009, including the II of its article 16 ;
Considering the opinion of the National Council for Hunting and Wildlife of 4 June 2009;
The State Council (section of public works) heard,
Decrete:
The environmental code (regulatory portion) is amended in accordance with the provisions of sections 2 to 11.
Before the last paragraph of section R. 421-14 is inserted the following paragraph:
"He delivers hunting permits and hunting permits accompanied on behalf of the office. »
In the second paragraph of article R. 423-2, the second sentence is replaced by the following:
"To be admissible, the application shall be accompanied by:
"—the amount of the right of examination and the declaration of honour provided for in Article L. 423-6 and the medical certificate provided for in the article, dating less than two months;
"—the right of stamp for the issuance of the hunting permit provided for in Article L. 423-10;
"– for guardians, a guardianship judge's authorization and for unemancipated minors, the authorization of their father, mother or guardian, to present themselves to the examination of the permit to hunt and obtain the grant of this permit in case of success.
"Is inadmissible any application for registration based on a false statement. »
Section R. 423-3 is amended as follows:
I.-In the third paragraph, in the first sentence, the words "and practices" are deleted.
II.-The third paragraph is supplemented by the following:
"The candidate who has passed the theoretical tests is issued a certificate of success valid for eighteen months. »
III.-The fourth and fifth paragraphs are replaced by the following:
"No one may be allowed to take part in the practical tests of the pre-issued examination of the hunting permit if he is not a holder of a certificate of success in the theoretical tests being valid and has not previously participated in the trainings preparing for the practical tests of the hunting permit. This participation must be attested by the president of the departmental or interdepartmental federation of hunters where the candidate has completed his training, or by his or her representative.
"Candidates who have successfully completed the examination of the hunting permit shall be granted this permit under the conditions set out in R. 423-9. »
Article R. 423-7 is as follows:
"Art.R. 423-7.-The theoretical and practical tests of the examination are carried out under the control of officers of the National Office for Hunting and Wildlife who receive special training in the inspection of the hunting permit that empowers them to perform this function throughout the territory. The tests shall be carried out in accordance with the scale established by the national commission. »
The last paragraph of Article R. 423-8 is replaced by the following:
"The authorisation for accompanied hunting is issued by the Director General of the National Office for Hunting and Wildlife, upon request of the person who has completed basic practical training. »
Article R. 423-9 is as follows:
"Art.R. 423-9. – The hunting permit is issued by the Director General of the National Office for Hunting and Wildlife.
"It is delivered without delay at the end of the practical tests to any person received in the examination of the hunting permit, by the agent of the National Office for Hunting and Wildlife by ensuring control and rating, provided that it is not in one of the cases listed in sections L. 423-11 and L. 423-25 and attests to it by a statement on honour.
"However, in the event of material impossibility, the officer of the Office shall give the candidate a provisional certificate, which, subject to the licensee's obligations under sections L. 423-12 to L. 423-16, is permitted to hunt if it is presented with a photo identification, for a period of two months from the date of completion of the practical examination of the hunting permit.
"In this period, the Director General of the National Office for Hunting and Wildlife addresses the permit to hunt the recipient, at his home, or, where he or she moves to the French territory without a permanent residence or residence, at the municipality to which the person is attached.
"The candidate to whom he is not issued a permit to hunt on the ground that he is in one of the cases listed in sections L. 423-11 and L. 423-25 is entitled to the refund of the stamp fee provided for in section L. 423-10. »
Section R. 423-10 is replaced by the following provisions:
"Art.R. 423-10.-Any request for the issuance of a permit to hunt after the day of the successful examination is addressed to the Director General of the National Office for Hunting and Wildlife, together with the certificate provided for in the second paragraph of section R. 423-9 and the stamp fee provided for in section L. 423-10 or the justification for what was paid.
"A duplicate of the hunting permit may be requested from the Director General of the National Office for Hunting and Wildlife.
"An order by the Minister responsible for hunting specifies the terms and conditions for the application of this section. »
Section R. 423-11 is as follows:
"Art.R. 423-11.-The stamp fee provided for in Article L. 423-10 for the issuance of the hunting permit is recovered by the accounting officer of the National Office for Hunting and Wildlife and is surrendered to the State. »
Article R. 423-17 of the Environmental Code is amended as follows:
I.-In the first paragraph, the words: "prefect of the department of domicile of the insured person or, in Paris, the police officer" are replaced by the words: "Director General of the National Office for Hunting and Wildlife. "
II.-In the second paragraph, the word "prefect" is replaced by the words "Director General".
Section R. 423-23 of the Environmental Code is repealed.
Until 31 October 2009, a provisional certificate of hunting under the conditions set out in article R. 423-9 of the Environmental Code may be granted, provided that they produce the declaration on the honour provided for in the second paragraph of that article and pay the stamp fee provided for in article L. 423-10 of the same Code to persons:
– who successfully completed the hunting licence trials before September 1 but did not, however, request or obtain the release on that date;
―who, registered in the examination of the hunting permit before September 1, have successfully completed these tests after that date;
― that require a duplicate of the licence they hold.
The hunting permit is sent to them within two months of the issuance of the certificate.
The provisions of this Decree come into force on 1 September 2009.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of Interior, Overseas and Territorial Authorities and the Minister of Budget, Public Accounts, Public Service and State Reform are responsible, each with respect to it, for the execution of this Decree, which will be published in the French Republic.
Done in Paris, August 28, 2009.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Budget, Public Accounts,
Civil Service
and state reform,
Eric Woerth
