Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
I. ― The Public Health Code is amended to read:
1° Section L. 3331-2 is amended as follows:
(a) In the first paragraph, after the word "should", are inserted the words: ", to sell alcoholic beverages,"
(b) At 1°, the words "of the first two groups" are replaced by the words "of the second group";
2° Section L. 3331-3 is amended as follows:
(a) After the word "take" the end of the second paragraph is thus written: "to sell alcoholic beverages must be provided with one of the following two categories of licences:"
(b) At 1°, the words "of the first two groups" are replaced by the words "of the second group";
3° The last paragraph of Article L. 3332-3 is deleted;
4° At the end of the last paragraph of Article L. 3332-4, the words: "two months in advance" are replaced by the words: "at least fifteen days in advance, under the same conditions";
5° After the same article L. 3332-4, an article L. 3332-4-1 is inserted as follows:
"Art. L. 3332-4-1. - A person who wants to open a bundle of drinks referred to in articles L. 3331-2 or L. 3331-3 is required to make, under the conditions provided for in the first to seventh paragraphs of article L. 3332-3, a statement which is transmitted to the prosecutor of the Republic and to the representative of the State in the department in accordance with the last paragraph of the same article. The police prefecture or municipal authorities immediately issue a receipt to the police officer who justifies the possession of the requested class licence.
"The operating licence referred to in the 5th of section L. 3332-3 is not required when the statement is made by a person who wants to open a beverage flow referred to in section L. 3331-3 without selling alcoholic beverages between 22:00 and 8:00 within the meaning of section L. 3331-4.
"A transfer to the person of the owner or manager or a change in the situation of the beverage flow must be the subject of an identical declaration, which is received and transmitted under the same conditions. However, in the event of a death change, the declaration is validly signed within one month of death. » ;
6° In the first paragraph of Article L. 3332-5, the reference: "and L. 3332-4" is replaced by the reference: "to L. 3332-4-1";
7° In article L. 3332-6, the reference: "Article L. 3332-3" is replaced by the references: "Articles L. 3332-3 or L. 3332-4-1";
8° After the article L. 3352-4, an article L. 3352-4-1 is inserted as follows:
"Art. L. 3352-4-1. - Is punished by 3,750 € fine:
« 1° The opening of a beverage flow referred to in sections L. 3331-2 or L. 3331-3 without at least fifteen days in advance and in writing the declaration provided for in the first paragraph of Article L. 3332-4-1;
« 2° The transfer to the person of the owner or manager or the modification of the situation of the beverage flow referred to in sections L. 3331-2 or L. 3331-3 without making the declaration provided for in the last paragraph of section L. 3332-4-1 within the prescribed time and in writing. » ;
9° Section L. 3331-1 is amended as follows:
(a) In the first paragraph, the word "four" is replaced by the word "three";
(b) The 1st is repealed;
10° Articles L. 3331-1-1 and L. 3331-5 are repealed;
11° In the first paragraph of Article L. 3331-6, the words "of 1st or" are deleted;
12° In the first paragraph of the article L. 3332-3, after the words "on site" are inserted the words "and sell alcohol there";
13° In the first sentence of the first paragraph of Article L. 3332-4, after the word "sale", the words "alcohol" are inserted;
14° In the article L. 3332-6, after the second occurrence of the word "beverages", is inserted the word "alcoholics";
15° Section L. 3335-10 is repealed;
16° The first paragraph of Article L. 3352-3 is supplemented by the words: ", selling alcohol";
17° Article L. 3352-4 is amended as follows:
(a) At 1°, after the words: "on site" are inserted the words: ", referred to in article L. 3332-1,";
(b) At 2°, the words: "two months in advance" are replaced by the words: "at least fifteen days in advance, under the same conditions as at 1°."
II. ― In the first paragraph of Article L. 313-1 of the Tourism Code, the references: "L. 3331-1, L. 3331-1-1", are deleted.
III. This section comes into force on the first day of the third month following the promulgation of this Act. Beverage flows mentioned to articles L. 3331-2 or L. 3331-3 of the Public Health Code who, on that date, had made the statement referred to in theArticle 502 of the General Tax Code are deemed to have completed the formality referred to in section L. 3332-4-1 of the Public Health Code.
Any person who opened, between the promulgation of the Act No. 2010-1658 of 29 December 2010 for 2010 and on the first day of the third month following the promulgation of this Act, a beverage flow referred to in articles L. 3331-2 or L. 3331-3 of the Public Health Code shall, within two months, make a declaration in accordance with Article L. 3332-4-1 of the same code.
IV. ∙ Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to take by order the measures in the area of the law necessary to adapt the provisions of this Article to Mayotte.
The order must be made within six months of the promulgation of this Act. A bill of ratification is tabled before Parliament within three months of the issuance of this order.
I. ― The Public Health Code is amended to read:
1° The second paragraph of Article L. 5211-3 is as follows:
"The conformity certification is established, according to the class of the device, either by the manufacturer himself or by a body designated for this purpose by the French Health Product Safety Agency or by the competent authority of another Member State of the European Union or a party to the agreement on the European Economic Area. » ;
2° The third paragraph of Article L. 5212-1 is as follows:
"The natural or legal person responsible for the resale of a used medical device on a list set by order of the Minister for Health, taken on the proposal of the Director General of the French Health Safety Agency for Health Products, shall establish, in accordance with the terms fixed by decree in the Council of State, a certificate justifying the regular maintenance and maintenance of the performance of the medical device concerned. » ;
3° In article L. 5221-2, after the words: "European Union", the words are inserted: "or part of the agreement on the European Economic Area".
II. This section is applicable to Wallis-et-Futuna.
I. ― Chapter I of Title II of Book III of Part II of the General Code of Territorial Communities is supplemented by an article L. 2321-5 as follows:
"Art.L. 2321-5.-Communities whose inhabitants represent, for a year, more than 10% of the nationals or more than 10% of the persons who died in a public health institution with a maternity facility and located in the territory of another municipality with less than 3,500 inhabitants contribute financially to the expenses set out by that other municipality for the maintenance of the civil status and the exercise of the police acts of the funeral if the ratio between births.
"The contribution of each municipality is determined by applying to the expenses referred to in the first paragraph the proportion that is due to the inhabitants who have their domicile in their territory in the total number of civil registrations or, as the case may be, to the funeral police found in the settlement municipality.
"The contribution is due each year for expenditures recorded the previous year.
"If there is no agreement between the municipalities concerned, the contribution of each municipality is fixed by the representative of the State in the headquarters department of the public health institution. »
II. ― The contribution referred to in Article L. 2321-5 of the General Code of Territorial Communities is due for the first time in 2011 for the charges set out in 2010.
After the first occurrence of the words: "health products", the end of Article L. 5222-2 of the Public Health Code is thus written: "In accordance with the terms set by decree in the Council of State, establish a certificate justifying the regular maintenance and maintenance of the performance of the medical device in vitro concerned. »
I. ― Article L. 312-8 of the Code of Social Action and Families is supplemented by a paragraph thus written:
"Organisms and persons legally established in another Member State of the European Union or a party to the Agreement on the European Economic Area to carry out an assessment activity of the same nature as that mentioned in the third paragraph may exercise it on a temporary and occasional basis in the national territory, subject to compliance with the terms of reference mentioned in the third paragraph and the prior declaration of their activity to the National Agency for the Evaluation and Quality of Institutions This declaration entails registration on the list prepared by the agency. A decree specifies the conditions for the application of this paragraph. »
II. ∙ This section is applicable to Mayotte.
Article L. 2223-23 of the General Code of Territorial Communities is supplemented by a paragraph to read as follows:
"The control of compliance with the requirements mentioned in 3° and 5° shall be carried out by accredited bodies under conditions established by decree. »
Section 2 of Order No. 2007-613 of 26 April 2007 on various provisions for adaptation to community law in the field of the drug is amended as follows:
1° The first paragraph is supplemented by the words and a sentence as follows: ", in accordance with the schedule established by the Director General of the French Health Product Safety Agency and no later than 30 April 2011. Otherwise, their marketing ceases on that same date. » ;
2° In the second paragraph, the words: "These products" are replaced by the words: "the products for which a registration request has been filed" and the words: "and no later than April 30, 2011" are replaced by the words: "within the term of validity of their marketing authorization".
I. ― The Public Health Code is amended to read:
1° In the first sentence of the first paragraph of Article L. 1125-1, the words: "Pharmaceous specialties or any other medicine manufactured industrially of cell therapy, gene therapy or xenogenic cell therapy" are replaced by the words: "Innovative therapy drugs as defined in the 17th of Article L. 5121-1 and innovative therapy drugs as defined in Article 2 of the European Regulation (EC) No.
2° The 6th of Article L. 1222-1 is thus written:
« 6° In conjunction with research and evaluation organizations, to encourage, undertake or participate in research in areas related to blood transfusion, related activities or incidental activities, and to promote the dissemination of scientific and technical knowledge in these areas; »
3° In the penultimate sentence of the second paragraph of article L. 1223-1, the reference: "to article L. 1243-2" is replaced by the references: "to articles L. 1243-2 and L. 5124-9-1";
4° After the article L. 4211-9, an article L. 4211-9-1 is inserted as follows:
"Art.L. 4211-9-1.-By derogation from 1° and 4° of Article L. 4211-1, may ensure the preparation, conservation, distribution and disposal of innovative therapy medications referred to in 17° of Article L. 5121-1, establishments or organizations authorized by the French Health Safety Agency after notice of the Biomedicine Agency.
"This authorization is issued for a period of five years. It is renewable and may be modified, suspended or withdrawn.
"A decree in the Council of State sets out the categories of establishments that may be authorized as well as the conditions for the issuance, modification, renewal, suspension and withdrawal of such authorization.
"These activities may also be carried out by the pharmaceutical establishments referred to in articles L. 5124-1 and L. 5124-9-1. » ;
5° Section L. 4211-10 is amended as follows:
(a) In the first paragraph, the reference: "and L. 4211-9" is replaced by the references: ", L. 4211-9 and L. 4211-9-1";
(b) In the second paragraph, the words: "and on xenogenic cell therapy preparations" are replaced by the words: ", on xenogenic cell therapy preparations and on innovative therapy drugs";
6° Article L. 5121-1 is supplemented by a 17° as follows:
« 17° Innovative therapy medicine prepared on an ad hoc basis, any medication as defined in Regulation (EC) No 1394/2007 of the European Parliament and the Council, of 13 November 2007, concerning innovative therapy drugs and amending Directive 2001/83/EC as well as Regulation (EC) No 726/2004, manufactured in France according to specific quality standards and used in a hospital in France, under the responsibility of a physician, to perform a specified medical prescription for a specific product These drugs are subject to authorization from the French Health Product Safety Agency. This authorization may include special conditions or restrictions of use. It may be modified, suspended or withdrawn. The Biomedicine Agency is informed of the decisions taken pursuant to this 17°. » ;
7° After the second paragraph of Article L. 5121-5, a sub-item is inserted as follows:
"The preparation, conservation, distribution and disposal of innovative therapy medications referred to in the 17th of Article L. 5121-1 shall be carried out in accordance with the good practices mentioned in the first paragraph of this article or with good practices defined by the decision of the French Health Product Safety Agency, after the advice of the Director General of the Biomedicine Agency, when these good practices relate to somatic cell therapy drugs, » ;
8° Article L. 5121-20 is supplemented by an 18° as follows:
« 18° The conditions under which the French Health Products Safety Agency issues, amends, suspends or withdraws the authorizations for innovative therapy drugs mentioned in the 17th of Article L. 5121-1. » ;
9° Article L. 5124-1 is supplemented by a paragraph as follows:
"The preparation, conservation, distribution and disposal of innovative therapy drugs mentioned in the 17th of Article L. 5121-1 may also be carried out in establishments authorized under Article L. 4211-9-1. » ;
10° After the article L. 5124-9, an article L. 5124-9-1 is inserted as follows:
"Art.L. 5124-9-1.-The activities referred to in Article L. 5124-1 may be carried out by pharmaceutical establishments created in non-profit organizations or public institutions other than health facilities:
« 1° When these activities deal with radiopharmaceutical drugs;
« 2° When these activities relate to innovative therapy drugs as defined in the 17th of Article L. 5121-1 and innovative therapy drugs defined in Article 2 of Regulation (EC) No 1394/2007 of the European Parliament and the Council, of 13 November 2007, concerning innovative therapy drugs and amending Directive 2001/83/EC and Regulation (EC) No 726/2004.
"These facilities are subject to articles L. 5124-2, with the exception of the first paragraph, L. 5124-3, L. 5124-4, with the exception of the last paragraph, L. 5124-5, L. 5124-6, L. 5124-11 and L. 5124-18. » ;
11° Article L. 5124-18 is supplemented by a 14° as follows:
« 14° The conditions under which non-profit organizations and public institutions other than health facilities may be granted the authorization referred to in section L. 5124-3. »
II. ― The provisions of this article relating to innovative therapy drugs as defined in 17° of Article L. 5121-1 of the Public Health Code come into force six months from the date of publication of the decree mentioned in the 18th of Article L. 5121-20 of the same Code.
After the word: "swimming", the end of the sixth paragraph of article L. 1332-3 of the same code is thus written: ", to prevent exposure of bathers to pollution, to reduce the risk of pollution and to improve the classification of bathing water; "
Article L. 3511-1 of the same code is supplemented by a paragraph as follows:
"The manufacturers and importers of tobacco products must submit to the Ministry of Health a list of all ingredients and their quantities used in the manufacture of tobacco products, by brand and type, under conditions defined by Order of the Minister for Health. »
I. ― Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to take by order, within ten months from the date of publication of this Act, the measures to adapt the legislation related to the application of Regulation (EC) No 1223/2009 of the European Parliament and of the Council of November 30, 2009 concerning cosmetic products, including those necessary for their extension and adaptation to Mayotte, to Saint-Pierre
II. ― The ratification bill is tabled before Parliament within three months of the issuance of this order.
Chapter II of Book I II of Part VII of the Labour Code is thus amended:
1° In section L. 7122-3, the words: "The exercise of the activity" are replaced by the words: "Every person established in the national territory that exercises the activity", the words: "is subject to the issuance of one" are replaced by the words: "must hold one" and are added the words: ", subject to the provisions of section L. 7122-10";
2° At the beginning of Article L. 7122-9, the words: "When the entrepreneur of living shows is established in France," are deleted;
3° In Article L. 7122-10, the words: "the Community" are replaced by the words: "the Union" and the words: "to exercise, without licence," are replaced by the words: "to establish, without licence, to exercise";
4° Section L. 7122-11 is as follows:
"Art. L. 7122-11. - Living performance contractors other than those mentioned in articles L. 7122-3 and L. 7122-10 may perform this activity on a temporary and occasional basis, subject to:
« 1° If they are legally established in another Member State of the European Union or a party to the European Economic Area Agreement, to have previously declared their activity under conditions set by regulation;
« 2° If they are not established in a Member State of the European Union or a party to the Agreement on the European Economic Area, have obtained a licence for the duration of the planned public representations or have previously declared these representations and entered into a contract with a live show entrepreneur holding a licence referred to in Article L. 7122-3, under conditions prescribed by regulation. » ;
5° In the first paragraph of Article L. 7122-16, after the reference: "to Article L. 7122-3", the words "or 2° of Article L. 7122-11 or an equivalent effect title in accordance with Article L. 7122-10 or without having made the declaration provided for in 1° or 2° of Article L. 7122-11".
Act No. 77-2 of 3 January 1977 on architecture is amended as follows:
1° In the first paragraph of articles 10 and 10-1, the words: "the Community" are replaced by the words: "the Union";
2° In the first sentence of the first paragraph of Article 12, after the word: "architects" are inserted the words: "and the natural persons established in another Member State of the European Union or in another State Party to the agreement on the European Economic Area and legally exercising the profession of architect under the conditions defined in 1° to 4° of Article 10 or in Article 10(1);
3° Section 13 is amended as follows:
(a) In the first sentence of 2°, after the word: "physical", the words are inserted: "or one or more natural persons established in another Member State of the European Union or in another State Party to the agreement on the European Economic Area and legally exercising the profession of architect under the conditions defined in 1° to 4° of Article 10 or Article 10-1";
(b) In the second sentence of the same 2°, the words: "an architect natural person" are replaced by the words: "one of the physical persons mentioned in the previous sentence";
(c) At the end of the 5th, the word "architects" is replaced by the words "people mentioned in the first sentence of the 2nd".
Chapter III of Book I II of Part VII of the Labour Code is amended to read:
1° After the article L. 7123-4, an article L. 7123-4-1 is inserted as follows:
"Art. L. 7123-4-1. - The presumption of Salariat provided for in Articles L. 7123-3 and L. 7123-4 does not apply to dummies recognized as service providers established in a Member State of the European Union or in another State Party to the Agreement on the European Economic Area where they usually provide similar services and who come to exercise their activity in France, through the provision of services, on a temporary and independent basis. » ;
2° Article L. 7123-11 is as follows:
"Art. L. 7123-11. - The placement of models can be done in an expensive way.
"A person established in the national territory who has the activity defined in the first paragraph must hold a model agency licence.
"The dummy agencies legally established in another EU Member State or a party to the European Economic Area Agreement may exercise this activity on a temporary and occasional basis in the national territory, provided that they have previously declared their activity. » ;
3° After the word: "person", the end of Article L. 7123-13 is thus written: "executing the activity of a model agency under the conditions laid down in Article L. 7123-11. » ;
4° Article L. 7123-14 is as follows:
"Art. L. 7123-14. - The issuance of the model agency licence by the administrative authority is subject to conditions determined by regulation. When an agency is legally established in another Member State of the European Union or a party to the European Economic Area Agreement, it is taken into account the equivalent requirements to which it is already subject.
"The licence will be terminated if the licensee does not produce, at specified times, the exhibits that it continues to meet the conditions of its issuance and that its status is consistent with this code. » ;
5° Article L. 7123-15 is as follows:
"Art. L. 7123-15. - Model agencies take all necessary measures to ensure the defence of the interests of the models they use and avoid conflict of interest situations.
"A decree in the Council of State sets out the conditions under which they make public the other professional activities carried out by their leaders, social leaders, associates and employees, as well as the measures taken to comply with the first paragraph. It also imposes sanctions in the event of lack of knowledge of these provisions. » ;
6° Section L. 7123-16 is repealed;
7° In article L. 7123-26, after the words: "model agency license" are inserted the words: "or without having previously declared its activity";
8° Article L. 7123-27 is repealed;
9° At the end of the second paragraph of Article L. 7123-28, the reference: "L. 7123-11" is replaced by the reference: "L. 7123-17";
10° In section L. 7124-4, the words: "the licensee of the model agency licence" are replaced by the words: "executing its activity under the conditions set out in section L. 7123-11".
I. ― In the sixth paragraph of Article L. 362-1 of the Education Code, the words "the Community" are replaced by the words "the Union".
II. ― Section L. 362-1-1 of the same code is amended as follows:
(a) In the first paragraph of I and II, the words "the Community" are replaced by the words "the Union";
(b) The 3rd of I is supplemented by a sentence as follows:
"This justification is not required when the training leading to this profession is regulated in the Member State or party to the agreement on the European Economic Area in which it has been validated. »
I. ― Article L. 411-1 of the Code of Social Action and Families is amended as follows:
1° In the second paragraph, the words "European Community" are replaced by the words "European Union or";
2° The second is supplemented by the words: "; This justification is not required when the training leading to this profession is regulated in the Member State or party in which it has been validated".
II. ― In the first paragraph of Article L. 411-1-1 of the same code, the words "the Community" are replaced by the words "the Union".
I. ― Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order within six months of the promulgation of this Act:
1° The necessary legislative provisions to transpose Directive 2009/140/EC of the European Parliament and Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to electronic communications networks and associated resources, as well as their interconnection, and 2002/20/EC on the authorization of electronic communications networks and services;
2° The legislative provisions necessary to transpose Directive 2009/136/EC of Parliament and Council of 25 November 2009 amending Directive 2002/22/EC on universal service and user rights in relation to electronic communications networks and services, Directive 2002/58/EC on the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for ensuring the protection of consumers
3° Any provisions amending the legislative portion of the Post and Electronic Communications Code, other than those mentioned in 1° and 2°, to increase the efficiency of the management of radio frequencies, including by encouraging the development of the secondary frequency market and by strengthening the control of interference and countering harmful interference;
4° All provisions of a legislative nature, other than those mentioned in 1° and 2°, such as:
― to strengthen the fight against facts that may affect privacy and secrecy of correspondence in the field of electronic communications, adapting and supplementing the offences and penalties provided for by theArticle 226-3 of the Criminal Code and the provisions according to which these offences are sought and found;
∙ submit the establishment and operation of open networks to the public and the provision to the public of electronic communications services in compliance with the requirements for responding to threats and preventing and repairing serious breaches of the security of public information systems as well as of the operators mentioned to the public Articles L. 1332-1 and L. 1332-2 of the Defence Codeby adapting and supplementing Article L. 33-1 of the Post and Electronic Communications Code and by amending any other provision for coherence purposes;
5° Any provisions amending the legislative portion of the Post and Electronic Communications Code, in order to address any errors and clarify the provisions of the Code.
II. ― The provisions of the order may be extended or adapted to New Caledonia and to overseas communities.
III. – A bill of ratification is tabled before Parliament no later than the last day of the third month following the issuance of the order.
After the 4th of the II of Article L. 32-1 of the Post and Electronic Communications Code, it is inserted a 4° bis as follows:
"4° bis In the absence of discrimination, in similar circumstances, in the relations between operators and providers of communications services to the public online for the transport of traffic and access to these services; "
I. ― The same code is amended:
1° At the beginning of chapter III, section 1, title II, of Book II, article L. 45-1 becomes article L. 45-9, and in the first paragraph of article L. 33-6, in the first and third paragraphs of article L. 47-1 and in the first paragraph and in the penultimate of the sixth paragraph of article L. 48, the reference "L. 45-1" is replaced by the reference: "L. 45-1"
2° Article L. 45 is as follows:
"Art.L. 45.-The allocation and management of domain names attached to each domain of the first level of the address system by domains of the internet corresponding to the country codes of the national territory or part of it are centralized by a single agency called "registration office".
"The Minister responsible for electronic communications shall, by order, designate the registration office of each domain, after public consultation, for a period fixed by regulation.
"Each registration office prepares an annual activity report that it transmits to the Minister responsible for electronic communications.
"The Minister responsible for electronic communications shall ensure compliance by the registration boards with the principles set out in sections L. 45-1 to L. 45-6. In the event of an Office's lack of knowledge of these provisions or of financial or technical incapacity to carry out its duties, the Minister may withdraw the designation of that office, after having provided the Minister with the opportunity to present his observations. » ;
3° Chapter II of Book II is supplemented by articles L. 45-1 to L. 45-8 as follows:
"Art.L. 45-1.-The domain names are assigned and managed in the general interest according to non-discriminatory and transparent rules, ensuring respect for freedom of communication, freedom of business and intellectual property rights.
"The domain names are assigned for a limited and renewable period of time.
" Subject to the provisions of Article L. 45-2, the domain name shall be assigned to the eligible applicant who has the first regularly submits the application. A domain name assigned and valid may not be subject to a new application for registration.
"The registration of domain names is based on statements made by the applicant and under its responsibility.
"Art.L. 45-2.-In accordance with the principles referred to in Article L. 45-1, the registration or renewal of domain names may be refused or the domain name deleted when the domain name is:
« 1° Susceptible to infringe public order or good morals or rights guaranteed by the Constitution or by law;
« 2° Susceptible to infringe upon intellectual property or personality rights, unless the applicant justifies a legitimate interest and acts in good faith;
"3° Identical or related to that of the French Republic, a territorial community or a grouping of territorial authorities or a national or local public institution or service, unless the applicant justifies a legitimate interest and acts in good faith.
"The decree in the Council of State provided for in Article L. 45-7 and the rules of attribution of each registration office define the elements for establishing use in bad faith and the absence of legitimate interest.
"The refusal to register or renew or the deletion of the domain name may only intervene, on any of the grounds provided for in this section, after the registration office has put the applicant in a position to present its observations and, where appropriate, to regularize its situation.
"Art.L. 45-3.-Can we request the registration of a domain name in each of the first-level domains:
" — natural persons residing in the territory of the European Union;
"– legal persons with their head office or principal place of business in the territory of one of the Member States of the European Union.
"Art.L. 45-4.-The assignment of domain names is provided by the registration offices, through the registration offices. The exercise of their mission does not confer on the offices, or on the registration offices of intellectual property rights on domain names.
"Registration offices are accredited, according to non-discriminatory and transparent rules, by each of the registration offices, for each area of the first level concerned.
"Registration offices operate under the control of the registration office that has accredited them. Failure to comply with the rules set out in sections L. 45-1 to L. 45-3 and L. 45-5 may result in the abolition of accreditation.
"Art.L. 45-5.-Registration offices and registration offices make public the prices of their domain name allocation and management services. The registration offices publish the domain names they have registered daily.
"They collect the data necessary for the identification of natural or legal persons with names and are responsible for the processing of such data in the context of Act No. 78-17 of 6 January 1978 related to computing, files and freedoms.
"The State shall hold all rights on the basis of such data. To complete their mission and for the duration of the mission, registration offices have the right to use this database.
"The provision of inaccurate data by the licensee may remove the registration of the corresponding domain name. The licensee shall intervene only after the registration office has put the licensee in a position to regulate the situation.
"Art.L. 45-6.-Any person demonstrating an interest in acting may apply to the relevant registration office for the deletion or transfer to his or her advantage of a domain name when the domain name enters in the cases provided for in Article L. 45-2.
"The Office shall rule on this request within two months of its receipt, in accordance with an adversarial procedure established by its rules of procedure which may provide for the intervention of a third party chosen in transparent, non-discriminatory and public conditions. The rules of procedure set out in particular the ethical rules applicable to third parties and guaranteed the impartial and contradictory nature of their intervention.
"The Board's rules of procedure are approved by order of the Minister for Electronic Communications.
"The decisions taken by the Office are subject to appeal to the judicial judge.
"Art.L. 45-7.-The terms of application of articles L. 45 to L. 45-6 are determined by decree in the Council of State.
"Art.L. 45-8.-Articles L. 45 to L. 45-7 are applicable to Wallis-et-Futuna and in the French Southern and Antarctic Lands. »
II. ― This section comes into force on June 30, 2011, with the exception of section L. 45-3 of the Post and Electronic Communications Code that comes into force on December 31, 2011.
The terms of reference of the registration offices designated prior to that date remain valid until the date of the first designation made, after public consultation, on the basis of the new provisions of Article L. 45 of the same Code and, by 30 June 2012.
In the expectation of the designation under section L. 45, sections L. 45 to L. 45-8 of the same code may be applied as of December 31, 2011 to organizations that perform the functions of office or registration office for the areas of first level referred to in section L. 45.
The second sentence of Article L. 33-7 of the same code is supplemented by the words: ", terms and conditions of communication of this information to third parties involved in the development of the territory with which the communities and their groupings are in contractual relationship, as well as the format and data structure according to which this information must be transmitted".
The Electronic Communications and Post Control Authority shall, no later than one year after the date of promulgation of this Act, provide the Government and Parliament with a report on:
– instruments and procedures for monitoring the quality of service of access to the internet;
– the situation of data interconnection markets and their prospects for evolution;
– traffic management practices implemented by electronic communications operators.
I. ― Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order within eight months of the publication of this Act, the necessary legislative provisions for the transfer of the Directive 2009/38/EC of the European Parliament and the Council of 6 May 2009 concerning the establishment of a European works council or a procedure in enterprises of community dimension and groups of enterprises of community dimension
II. ― The ratification bill is tabled before Parliament within three months of the issuance of this order.
Article L. 312-15 of the Education Code is supplemented by a paragraph to read:
"In the framework of civic education, students are trained to develop a critical and thoughtful attitude towards the information available and to acquire responsible behaviour in the use of interactive tools during their use of online communication services. They are informed of how to master their public image, the dangers of self-exposure and others, the rights of opposition, deletion, access and rectification provided by the Act No. 78-17 of 6 January 1978 relating to information, files and freedoms, as well as the missions of the National Commission for Information and Freedoms. »
This law will be enforced as a law of the State.
Done in Paris, March 22, 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Economy,
finance and industry,
Christine Lagarde
The Minister of Labour,
employment and health,
Xavier Bertrand
Minister of National Education,
youth and associative life,
Luc Chatel
Minister of Culture
and communication,
Frédéric Mitterrand
Minister of Solidarity
and social cohesion,
Roselyne Bachelot-Narquin
