Key Benefits:
The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2011-629 DC of 12 May 2011;
The President of the Republic enacts the following legislation:
After the 4th of Article 79 of the Civil Code, it is inserted a 4° bis as follows:
"4° bis The name and name of the other partner, if the deceased person was bound by a civil pact of solidarity; "
After the III of Article L. 2224-12-4 of the General Code of Territorial Communities, a III bis is inserted as follows:
"III bis. ― As soon as the drinking water service notices an abnormal increase in the volume of water consumed by the occupant of a dwelling place likely to be caused by the leaking of a pipeline, it shall promptly inform the subscriber. An increase in the volume of water consumed is abnormal if the volume of water consumed since the last reading exceeds the double of the average volume of water consumed by the subscriber or by one or more subscribers having occupied the living space for an equivalent period in the previous three years or, if not, the average water consumed in the geographic area of the subscriber in residential premises of comparable size and characteristics.
"The subscriber is not required to pay on the part of the consumption exceeding double the average consumption if it presents to the drinking water service, within one month of the information provided in the first paragraph of this III bis, a certificate from a plumbing company indicating that it has made the repair of a leakage on its pipelines.
"The subscriber may request, within the same period of one month, the drinking water service to verify the proper operation of the counter. The subscriber is then required to pay the share of the consumption exceeding double the average consumption only from the notification by the drinking water service, and after investigation, that this increase is not due to a malfunction of the counter.
"In the absence of the information mentioned in the first paragraph of this III bis, the subscriber is not required to pay the share of the consumption exceeding double the average consumption.
"The royalties and amounts provided for in the first paragraph of section L. 2224-12-2 shall be calculated taking into account the consumption charged.
"A decree in the Council of State specifies the modalities for the application of this III bis. »
I. ― The second paragraph of Article L. 121-84-5 of the Consumer Code is supplemented by a sentence as follows:
"No additional costs other than telephone communication may be charged for these services under this telephone communication. »
II. ― In the second paragraph of article L. 121-84-7 of the same code, after the word "consumer" are inserted the words: ", on the occasion of termination,".
At the beginning of chapter I of title II of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations, article 16 is added A thus drafted:
"Art. 16 A.-I. ― The administrative authorities shall exchange any information or data that is strictly necessary to process requests submitted by a user.
"An administrative authority responsible for instructing an application submitted by a user shall inform the user of the information or data that are necessary for the instruction of the application and those that it obtains directly from other French administrative authorities, of which they emanate or hold them under their mission.
"The user is informed of the right of access and rectification available on this information or data.
"The exchange of information or data between administrative authorities is carried out in accordance with the terms provided for by decree in the Council of State, taken after a reasoned and published opinion of the National Commission on Informatics and Freedoms, which sets out the areas and procedures involved in the exchange of information or data, the list of administrative authorities to which the request for communication is made according to the type of information or data and the criteria of security and confidentiality necessary to guarantee the exchange. This decree also specifies the information or data that, because of their nature, in particular because they relate to the medical secrecy and the secrecy of national defence, cannot be the subject of this direct communication.
“II. ― A user submitting an application under a procedure within the scope of the last paragraph of the I may not be required to produce information or data that he has already produced from the same authority or other administrative authority participating in the same data exchange system. It informs by any means the administrative authority of the place and the period of the first production of the document. The time limit for the preservation of information and data applicable to each exchange system is set by decree in the Council of State.
"III. ― Where the information or data required to process the application cannot be obtained directly from another administrative authority under the conditions set out in I or II, the user shall communicate it to the administrative authority. »
In section 16-1 of Act No. 2000-321 of 12 April 2000 referred to above, the word "administrative" is replaced by the word "competent".
After Article 19 of Act No. 2000-321 of 12 April 2000 referred to above, an article 19-1 is inserted as follows:
"Art. 19-1.-Where an application to an administrative authority is affected by a defects in form or procedure precluding its review and that the vice is likely to be covered within the legal time limits, the authority invites the applicant to regularize the application by indicating the time limit for such regularization, formalities or procedures, as well as the legal and regulatory provisions that provide them. The time limits for appeal are not enforceable to the applicant when the Administration's response does not include the information referred to in the previous sentence.
"A decree in the Council of State sets the conditions for the application of this article. »
After the word: "punited", the end of first paragraph of Article 40 of Law No. 77-2 of 3 January 1977 on architecture is thus drafted: "the penalties provided forArticle 433-17 of the Criminal Code for the usurpation of titles. »
Section 3 of chapter I of title II of Book I of the seventh part of the Labour Code is supplemented by an article L. 7121-7-1 as follows:
"Art. L. 7121-7-1.- Employers within the scope of the Single Window set out in section L. 7122-22 shall, in the absence of conventional provisions specific to artists and technicians of the show under their main activity, when employing an artist or a performance technician, make them benefit from the provisions of a collective agreement of the activities of the show and refer to it in the Declaration of Employment form. »
I. ―Order No. 2009-901 of 24 July 2009 relating to the legislative part of the code of cinema and animated image is ratified.
II. ― After the second paragraph of Article L. 112-1 of the same code, it is inserted a 1° A thus drafted:
"1° A Of two parliamentarians appointed respectively by the cultural commissions of the National Assembly and the Senate; "
TheOrder No. 2009-1358 of 5 November 2009 amending the code of cinema and animated image is ratified.
I. ―Order No. 2005-1044 of 26 August 2005 relating to the exercise and organization of the architectural profession is ratified.
II. ― Act No. 77-2 of 3 January 1977 on architecture is amended as follows:
1° The second sentence of the fourth paragraph of Article 22 is replaced by two sentences as follows:
"The members of the Regional Council may not exercise more than two consecutive mandates. The total duration of a member of the board may not exceed twelve years. » ;
2° The last sentence of the second paragraph of Article 24 is replaced by two sentences as follows:
"The members of the National Council may not exercise more than two consecutive mandates. The total duration of a member of the board may not exceed twelve years. » ;
3° In the second paragraph of section 26, the words: "this Act" are replaced by the words and a sentence as follows: "laws and regulations. In particular, they have the right to act on any matter relating to the terms and conditions of the profession as well as to ensure respect for the obligation to use an architect. »
La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La third sentence of the second paragraph of Article 15 of Act No. 89-462 of 6 July 1989 to improve rental relationships and amend Act No. 86-1290 of 23 December 1986 is supplemented by the words "or active solidarity income".
The fourth paragraph of Article 4 of Law No. 91-647 of 10 July 1991 on legal aid is supplemented by a sentence as follows:
"The beneficiaries of active solidarity income whose resources, valued in accordance with the provisions of Article L. 262-3 of the Code of Social Action and Families, do not exceed the flat amount referred to in Article L. 262-2 of the same Code, are also exempted from justifying the insufficiency of their resources. »
I. ― Article 1 of Act No. 79-587 of 11 July 1979 on the motivation of administrative acts and the improvement of the relations between the administration and the public is supplemented by a paragraph thus written:
"[i] reject an administrative remedy whose submission is obligatory before any litigation under a legislative or regulatory provision. »
II. ∙ The above-mentioned Act No. 2000-321 of 12 April 2000 is amended:
1° After Article 19, an article 19-2 is inserted as follows:
"Art. 19-2. - Where the appeal against an administrative decision is subject to the prior exercise of an administrative remedy, the decision shall be notified with the indication of that obligation, as well as the means and time limits that such appeal may be exercised. It is also specified that the administrative authority shall rule on the basis of the factual and law situation on the date of its decision, unless otherwise stated in a law or regulation.
"The terms and conditions for the application of this article are set by decree in the Council of State. » ;
2° After Article 20, an article 20-1 is inserted as follows:
"Art. 20-1. - Where the appeal against an administrative decision is subject to the prior exercise of an administrative remedy, the submission of a gratis or hierarchical remedy does not retain the time limit for the mandatory pre-appeal administrative remedy, nor does the time limit for litigation.
"The administrative authority that made the original decision may withdraw it from office if it is illegal as long as the authority responsible for deciding on the mandatory pre-administrative remedy has not pronounced itself. »
III. ―Article 23 of Act No. 2000-597 of 30 June 2000 relating to the reference to administrative courts is thus drafted:
“Art. 23. - Litigation of appeals by agents subject to the provisions of the Act No. 2005-270 of 24 March 2005 bringing general status of the military against acts relating to their personal situation are, except those concerning their recruitment or the exercise of the disciplinary power, preceded by a pre-existing administrative remedy under conditions established by decree in the Council of State.
"Experimental and for a period of three years from the promulgation of the Act No. 2011-525 of 17 May 2011 simplification and improvement of the quality of the law, the litigation appeals filed by certain agents subject to the provisions of the Act No. 83-634 of 13 July 1983 the rights and obligations of public servants against acts relating to their personal situation are the subject, except those concerning the recruitment or exercise of the disciplinary power, of a mandatory pre-consistency administrative remedy under conditions established by decree in the Council of State. This experimentation is the subject of a report submitted annually to Parliament until the end of Parliament. »
The Government submits to Parliament, by April 1, 2012, a report listing the legislative provisions applicable in overseas and New Caledonia communities under a text prior to January 1, 1900 and never amended or codified since then. This report specifies what obsolete or non-objective provisions are likely to be repealed.
This report also examines the possibility of presenting all applicable legislation in each Overseas community governed by Article 74 of the Constitution and New Caledonia, within the framework of the public service of the dissemination of the law by the internet arising from the InternetArticle 2 of Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations.
When an administrative authority is required to consult a consultative commission prior to the issuance of a regulatory act, with the exception of the nominative measures, it may decide to organize an open consultation to collect, on a website, the comments of the persons concerned. The administrative authority shall make known by any means the terms and conditions of the consultation.
At the end of the consultation, it provides a synthesis of the observations it collected, possibly accompanied by additional information. This synthesis is made public.
This open consultation is a substitute for mandatory consultation under a statutory or regulatory provision. Advisory boards whose notice is to be collected pursuant to a legislative or regulatory provision may make representations as part of the consultation provided for in this section.
Obligatory consultations of independent administrative authorities provided for in the legislative and regulatory texts, compliance notice procedures, those relating to the exercise of public freedom, are the guarantee of a constitutional requirement or reflect a power of proposal and those implementing the principle of participation.
A decree in the Council of State sets out the conditions for the application of this article, including the modalities for the organization of the consultation, the duration of which may not be less than fifteen days.
The first paragraph of Article L. 241-3-2 of the Code of Social Action and Families is supplemented by the words and a sentence as follows: "within two months of application. If the representative of the State in the department fails to respond, the card is issued to the applicant. »
The first sentence of the first paragraph of Article 26 of the Civil Code is as follows:
"The declaration of nationality subscribes because of the marriage with a French spouse is received by the representative of the State in the department or, in Paris, the police prefect, or by the consul. »
After the word "marriage", the end of the first paragraph of section 171 of the same code is thus written: "in the event of the death of one of the future spouses, provided that a sufficient meeting of facts unambiguously establishes his consent. »
At the 2nd of Article 515-11 of the same code, the words: "at the registry against receipt of the weapons of which it is a holder" are replaced by the words: "at the police or gendarmerie service that it designates the weapons of which it is a holder for their deposit in the registry".
I. ― Section 910 of the same code is amended as follows:
1° In the first paragraph, after the word "benefit", the words are inserted: "health institutions, social and social institutions or";
2° In the second paragraph, after the word "liberalities", the words are inserted: "and, in the departments of Lower Rhine, Upper Rhine and Moselle, public institutions of worship and registered associations of local law";
3° It is added a paragraph to read:
"The liberalities granted to foreign states or foreign institutions authorized by their national right to receive liberalities are freely accepted by these States or by these institutions, except as opposed by the competent authority, under conditions fixed by decree in the Council of State. »
II. The Act of January 2, 1817 on donations and bequests to ecclesiastical institutions is thus amended:
1° Article 1 is repealed;
2° Article 2 is as follows:
"Art. 2.-The religious congregations authorized or legally recognized and, in the departments of the Haut-Rhin, the Bas-Rhin and the Moselle, the public institutions of the cult may, with the authorization of the representative of the State in the department issued under the conditions fixed by decree in the Council of State:
« 1° Acquire, as expensive, immovable property, rents on the state or values guaranteed by it for the fulfilment of their object;
« 2° Alien real property, rents or values guaranteed by the State of which they are owners. » ;
3° Section 3 is repealed.
III. ― Section 4 of the Act of 24 May 1825 on the authorization and legal existence of congregations and religious communities of women is repealed.
IV. ― In article 10 of the Act of 4 February 1901 on administrative guardianship in respect of gifts and bequests and in the eighth paragraph of Article 19 of the Act of 9 December 1905 concerning the separation of churches and the State, the word "two" is replaced by the word "three".
I. ― The last paragraph of Article L. 261-11 of the Construction and Housing Code is deleted.
II. ― In article L. 312-15 of the Consumer Code, after the word "accepted" are inserted the words: "and the preliminary contract provided for in article L. 261-15 of the Construction and Housing Code".
The environmental code is modified as follows:
1° After the first paragraph of Article L. 213-11, it is inserted a paragraph as follows:
"For the obstruction fee for watercourses provided for in section L. 213-10-11, the declared plate elements are renewed, without an annual reporting requirement, except in the event of changes to the characteristics of the work. » ;
2° The last sentence of Article L. 213-14-1 is as follows:
"Responsibles are required to subscribe annually, in accordance with the terms set out by decree, a declaration allowing the calculation of the fee for sampling on the water resource to which they are subject. » ;
3° The last paragraph of Article L. 213-14-2 is as follows:
"Responsibles are required to subscribe annually, in accordance with the terms and conditions set out in the Order in Council referred to in Article L. 213-14-1, the declarations allowing the calculation of the royalties to which they are subject. However, in the absence of a change in the characteristics of the work, the debtors of the obstruction fee are exempted from renewing each year their declaration. »
In the first paragraph of Article L. 2213-14 of the General Code of Territorial Communities, after the words: "exhumation operations" are inserted the words: "with the exception of those carried out by the municipalities for the resumption of concessions and burials that are expired or abandoned".
In the first sentence of the first paragraph of Article L. 2213-15 of the same code, the reference: "in Article L. 2213-14" is replaced by the reference: "in the first paragraph of Article L. 2213-14".
In the second paragraph of Article L. 2223-4 of the same code, the words ", certified or presumed" are replaced by the words "or certified".
Chapter II bis of Title III of Book II of the Code of Criminal Procedure is supplemented by article 530-5 as follows:
"Art. 530-5.-The deadlines mentioned in sections 529-8,529-9 and 530 appreciate, in the event of sending the fine by mail, in the light of the date of sending the payment method certified by the postal operator's stamp. »
The second sentence of the first paragraph of Article L. 212-10 of the Rural and Maritime Fisheries Code is supplemented by the words: "and for cats over seven months born after January 1, 2012".
The Act of 31 December 1903 relating to the sale of certain abandoned objects was amended as follows:
1° The second paragraph of Article 1 is as follows:
"If it is land-based motor vehicles, two- or three-wheeled motorcycles or power grids, the time limit in the first paragraph is reduced to three months. » ;
2° In the penultimate and last paragraphs of Article 6 bis, the words: "automotive vehicles" are replaced by the words: "Overland motor vehicles, two or three-wheeled motorcycles or power grids".
The Rural and Maritime Fisheries Code is amended as follows:
1° At 3° of the I of Article L. 205-7, after the words: "Recollect them", is inserted the word "remarks";
2° In I of Article L. 211-15, the reference: "third paragraph of Article L. 211-29" is replaced by the reference: " second paragraph of Article 99-1 of the Code of Criminal Procedure » ;
3° In the first sentence of the second paragraph of Article L. 212-8, the references: "to articles L. 221-5 and L. 221-6" are replaced by the reference: "to article L. 221-5";
4° In Article L. 215-12, the references: "and L. 215-9 to L. 215-12" are deleted;
5° In the first paragraph of Article L. 241-1, the reference: "L. 241-5" is replaced by the reference: "L. 241-4";
6° In the first paragraph of Article L. 241-4, the reference: "to L. 241-5" is replaced by the reference: "and L. 241-3";
7° At 2° of Article L. 243-1, the reference: "L. 241-13" is replaced by the reference: "L. 241-12";
8° Article L. 253-14 is repealed and, at the last sentence of this article, the reference: "L. 253-15 to" is replaced by the reference: "L. 253-16 and";
9° In the first sentence of Article L. 253-16, the words: "as referred to in Article L. 253-14" are replaced by the words: "as mentioned in Article L. 250-2";
10° The 5th of Article L. 253-17 is thus written:
« 5° Failure to comply with the requirements of articles L. 250-6, L. 250-7 and L. 253-16 by the agents referred to in Article L. 250-2. » ;
11° In the second sentence of the second paragraph of Article L. 256-2-1, the words: "the decree provided for in Article L. 256-3" are replaced by the word "decree";
12° At the beginning of the first sentence of Article L. 257-10, the words: "By derogation from the provisions of Article L. 257-2" are deleted;
13° In I of Article L. 272-2, the references: ", L. 231-5 and L. 232-3" are replaced by the reference: " and L. 231-5";
14° In the first paragraph of Article L. 525-1, the words: "model statutes approved by decrees in the Council of State" are replaced by the words: "models of statutes approved by decree of the minister responsible for agriculture";
15° The first sentence of the first paragraph of Article L. 631-26 is supplemented by the words: "and fishing and by the agents referred to in 1° and 3° to 5° I of Article L. 942-1";
16° In the first sentence of the first paragraph of Article L. 663-3, the reference: "to the I of Article L. 251-18" is replaced by the reference: "to Article L. 250-2";
17° Article L. 671-16 is as follows:
"Art. L. 671-16.-The failure to exercise the functions of the officers referred to in Article L. 250-2 acting under Article L. 663-3 shall be punished in accordance with the provisions of Article L. 205-11. » ;
18° In the first and second paragraphs of Article L. 717-1, the reference: "this chapter" is replaced by the reference: "this section";
19° In the first paragraph of Article L. 762-9, the words: "a decree sets out annually, for each department, the rate of contributions" are replaced by the words: "a decree sets out the modalities for calculating these contributions";
20° In article L. 912-13, after the word: "determined" are inserted the words: "by decree";
21° In c of II of Article L. 945-2, the word "authorized" is replaced by the word "regulated";
22° At 15° of the article L. 945-4, after the words: "From fishing," the words are inserted: "holding on board," and after the word: "bonds" are inserted the words: "or prohibitions";
23° Article L. 253-16, Article L. 253-17, and Article L. 921-8 are repealed;
24° In the second paragraph of Article L. 214-9, the references: ", L. 221-6, L. 214-19" are deleted;
25° In the first sentence of Article L. 221-4 and the third paragraph of Article L. 234-1, the reference: "L. 214-19," is deleted;
26° At 3° of the IV of Article L. 231-2, the reference: "to the provisions mentioned in Article L. 231-2" is deleted;
27° In Article L. 231-6, the reference: "of Article L. 227-2", is deleted;
28° In Article L. 273-1, the words: "the second paragraph of Article L. 212-2, the articles" are deleted;
29° In the first paragraph of Article L. 912-4, the words: "and representatives of the heads of marine farming companies" are deleted.
In the first sentence of the article L. 642-2 of the same code, after the word "wine" is inserted the word ", cidricole".
After the fourth paragraph of Article L. 631-25 of the same code, it is inserted a paragraph as follows:
"or, for products subject to access, not to execute the contract in accordance with these mandatory clauses, including those relating to payment times as defined in 3° of Article L. 443-1 of the Commercial Code. »
In the first sentence of the first paragraph of article L. 653-3 of the same code, the words "caprine, pork, canine and feline" are replaced by the words "caprine and pork".
The first paragraph of Article L. 814-4 of the same code is supplemented by a sentence as follows:
"However, it is called upon to rule first and last jurisdiction where a disciplinary section has not been constituted or where no judgment has occurred six months after the date on which disciplinary proceedings were brought before the competent disciplinary court. »
I. ― At the 11th of Article L. 311-3 of the Social Security Code, the words "partner bound by a civil pact of solidarity included" are replaced by the words "to the partner bound by a civil pact of solidarity".
II. ― At 8° of Article L. 722-20 of the Rural and Maritime Fisheries Code, the words: "Presidents and Directors General and Directors General" are replaced by the words: "Presidents of the Board of Directors, Presidents and Directors General, Directors General and Delegates" and after the words: "to the spouse", are inserted the words ", to the partner bound by a civil pact of solidarity".
Article L. 741-1 of the Rural and Maritime Fisheries Code is amended as follows:
1° After the words: "agricultural workers", the end of the first sentence of the first paragraph is thus written: "can be calculated by the farm social mutuality funds that cover them under conditions determined by decree. » ;
2° The last paragraph is deleted.
I. ― Chapter I of Book III title III of Part I of the Public Health Code is amended to read:
1° After article L. 1331-7, an article L. 1331-7-1 is inserted as follows:
"Art. L. 1331-7-1. - The owner of a building or establishment whose wastewater results from the use of water assimilable to domestic use pursuant to Article L. 213-10-2 of the Environmental Code is entitled, at his request, to the connection to the public collection network within the limits of the transport and sewage capacity of existing or in the course of realization.
"The owner may be required to pay to the organizing community of the service or to the grouping to which it belongs, under the conditions fixed by deliberation of the deliberative body, an interest in which the amount takes into account the economy it achieves by avoiding the cost of an evacuation or individual regulatory purification facility.
"This participation is added, if any, to the royalties mentioned in theArticle L. 2224-12-2 of the General Code of Territorial Communities and any amounts payable under articles L. 1331-2, L. 1331-3 and L. 1331-6 of this Code.
"The organizing community of the service or the group to which it belongs may establish technical requirements for the connection of buildings or establishments referred to in the first paragraph of this Article, depending on the risks arising from the activities carried out in these buildings and establishments, as well as the nature of the waste water they produce. These technical requirements are grouped into annexes to the Sanitation Service Regulations, which, by exception provisions of Article L. 2224-12 of the General Code of Territorial Communities, are notified only to the users concerned. » ;
2° In Article L. 1331-8, the reference: "L. 1331-7" is replaced by the reference: "L. 1331-7-1";
3° The 4th of Article L. 1331-11 is thus written:
« 4° To ensure the control of wastewater spills other than domestic use and uses of water assimilable to domestic use. »
II. ― The owner of a building or facility referred to in section L. 1331-7-1 of the Public Health Code that is connected to the public collection network without authorization on the date of entry into force of this Act regulates its situation by submitting to the wastewater collection service in the place of establishment of the building or installation a statement justifying that it uses the domestic use. In the absence of a declaration within one year of the publication of this Act, section L. 1331-8 of that Code shall apply to it.
I. ― The same code is amended:
1° After the first sentence of article L. 1334-3, it is inserted a sentence as follows:
"In the event that the representative of the State has carried out the necessary work pursuant to the last paragraph of Article L. 1334-2, this control is at the expense of the owner, the union of co-owners or the operator of the accommodation facility. » ;
2° Article L. 1334-1-1, as a result of Act No. 2010-853 of 23 July 2010 relating to consular networks, trade, crafts and services, is thus written:
"Art. L. 1334-1-1. - The diagnosis provided for in Article L. 1334-1 and the control provided for in Article L. 1334-3 shall be carried out by operators meeting the conditions laid down in Article L. 271-6 of the Construction and Housing Code. » ;
3° Section L. 1334-12 is repealed.
II. ― Section 38 III of Act No. 2010-853 of 23 July 2010 on consular networks, trade, crafts and services is repealed.
I. ― The Public Health Code is amended to read:
1° After the first paragraph of Article L. 4244-1, it is inserted a paragraph as follows:
"The Director General of the Regional Health Agency controls the monitoring of programs and the quality of training. » ;
2° Chapter IV of Part IV of Book II is supplemented by an article L. 4244-2, which reads as follows:
"Art. L. 4244-2.-The establishment of preparator training centres in hospital pharmacy is the subject of an authorization issued by the president of the regional council, after the opinion of the State representative in the region.
"The President of the Regional Council, after the advice of the Director General of the Regional Health Agency, approves the directors of the preparator training centres in hospital pharmacy.
"The authorizations and approvals referred to in this section may be withdrawn in the event of non-compliance with the legislative or regulatory provisions governing the organization of training and incapacity or serious misconduct of the leaders of these training centres.
"The conditions under which authorizations and approvals are issued are set by regulation. » ;
3° At the end of the first sentence of the first paragraph of Article L. 4383-1, the words: "and paramedics" are replaced by the words: ", paramedics and health care settings";
4° In the first paragraph of Article L. 4383-3, the words: "and ambulance operators" are replaced by the words: ", ambulance operators and health care settings".
II. ― Sections L. 4244-2 and L. 4383-3 of the Public Health Code, in their drafting from the I of this section, come into force together with the provisions of the Financial Law compensating the expenses resulting, for the regions, from the powers extended by these sections.
The same code is amended:
1° After L. 5125-1-1, an article L. 5125-1-2 is inserted as follows:
"Art. L. 5125-1-2.-An informal regularly established in another Member State of the European Community or a party to the Agreement on the European Economic Area may, on behalf of an informal under the licence provided for in Article L. 5125-4, carry out the subcontracting activity under the second paragraph of Article L. 5125-1 under the conditions defined in the following subparagraphs.
"When the offence is installed in a Member State of the European Community or a party to the Agreement on the European Economic Area whose conditions of authorization of the activity of subcontracting of preparations have been previously recognized equivalent to those provided for in Article L. 5125-1, it shall issue a declaration certifying that it has an authorization or approval granted by the competent authorities.
"When the offence fails to meet the conditions set out in the preceding paragraph, the exercise of the preparation subcontract activity is subject to the obtaining of an administrative authorization that is issued to it after verification that the conditions for carrying out the subcontract are equivalent to those defined in section L. 5125-1. » ;
2° The first sentence of the third paragraph of Article L. 5125-1 is supplemented by the words: "or any person who has an authorization to manufacture drugs issued pursuant to Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 establishing a Community Code on Human Drugs";
3° At the end of the 6th of Article L. 5125-32, the reference: "of Article L. 5125-1-1" is replaced by the references: "of Articles L. 5125-1-1 and L. 5125-1-2".
I. ― Act No. 2008-126 of 13 February 2008 on the reform of the organization of the public employment service is thus amended:
1° In the first sentence of the 1st sentence of Article 11, the words: "from the date provided for in the first paragraph of Article 5 of this Law", and at the 4th and 5th of Article 16, the words: "from the date mentioned in the first paragraph of Article 5 of this Law" are replaced by the words: "from a date fixed by decree and no later than January 2013"
2° After the first sentence of the second paragraph of the 4th of Article 17, it is inserted a sentence as follows:
"For the purposes of the provisions set out in a and e of section L. 5427-1, the director of the institution referred to in section L. 5312-1 shall have the faculty provided for in section L. 5312-1Article L. 244-9 of the Social Security Code. »
II. ― Article L. 5427-1 of the Labour Code is amended as follows:
1° At a, the words: "a recovery organization mentioned in theArticle L. 213-1 of the Social Security Code designated by the Director of the Central Agency for Social Security Organizations are replaced by the words: "the institution referred to in Article L. 5312-1 of this Code";
2° In c, the words: "when contributions are due for these employees" are replaced by the words: "for the collection of contributions due to the employment of these employees";
3° It is added a f as follows:
“(f) By the body mentioned to theArticle L. 212-3 of the Social Security Code, when they are due to employees affiliated to the special social security regime of seafarers. »
Article L. 1225-62 of the Labour Code is supplemented by a paragraph as follows:
"Beyond the period determined in the first paragraph, the employee may again be granted parental leave, in the event of a relapse or recurrence of the child's pathology under which the first leave has been granted, in accordance with the provisions of this article and articles L. 1225-63 to L. 1225-65. »
I. ― The same code is amended:
1° The first two paragraphs of Article L. 1271-1 are thus written:
"The universal employment-service cheque is a job title or a special payment title allowing an individual to:
« 1° Either declaring and, when it contains a cheque formula governed by Chapter I of Title III of Book I of the Monetary and Financial Code, to pay employees occupying jobs entering the field of services to the person referred to in Article L. 7231-1 of this Code or registered maternal assistants under Article L. 421-1 of the Code of Social Action and Families; »
2° Article L. 1272-2 is as follows:
"Art. L. 1272-2. - The Associative Employment Check simplifies the declarations and payments of contributions and contributions due:
« 1° The social security system or the compulsory social protection scheme for agricultural workers;
« 2° Unemployment insurance;
« 3° To the institutions of complementary pensions and foresight.
"When this job title includes a cheque formula, it can be used to pay the employee. » ;
3° The last paragraph of Article L. 1272-3 is deleted;
4° Article L. 1272-5 is as follows:
"Art. L. 1272-5. - Associative employment cheque may be issued and issued by credit institutions or by the institutions or services listed in theArticle L. 518-1 of the Monetary and Financial Code who passed a convention with the state. When this job title does not include a cheque formula, it is issued by the recovery organizations of the general social security scheme referred to in theArticle L. 133-8-3 of the Social Security Code.
5° In article L. 1271-2, the words "remunerate and" are deleted;
6° Article L. 1271-9 is supplemented by a paragraph as follows:
"When this job title does not include a cheque formula, it is issued by the union of recovery of social security contributions and territorially competent family allowances or the recovery agency of the general social security scheme referred to in theArticle L. 133-8 of the Social Security Code. »
II. - 1° of the I of this article comes into force on a date fixed by decree and no later than January 1, 2012. For existing work contracts at that date, for the current reference period and by derogation from provisions of Article L. 3141-22 of the Labour Codethe employee shall be entitled at the time of the taking of the leave to compensation equal to the tenth of the remuneration within the meaning of I of the same article L. 3141-22 that he or she has received between the date of entry into force of 1° of this article and the end of the period of reference that date.
After the words: "local law", the end of section L. 2135-1 of the same code is as follows: "are subject to the accounting obligations defined in theArticle L. 123-12 of the Commercial Code. When their annual resources do not exceed a threshold set by decree, they may adopt a simplified presentation of their accounts with the possibility of registering their receivables and debts only at the end of the fiscal year. If their annual resources do not exceed a second threshold set by decree, they can hold a book chronologically recording all the movements of their heritage. The conditions for the application of this article are set by decree. »
The consumer code is thus modified:
1° The 1°, 4° and 5° of Article L. 115-30 are repealed;
2° The last paragraph of Article L. 121-8 is deleted;
3° The first paragraph of Article L. 121-35 is supplemented by the words: "as long as the practice in question is unfair in the meaning of Article L. 120-1";
4° The first paragraph of article L. 121-36 is supplemented by a sentence as follows:
"When participation in this transaction is conditional on an obligation to purchase, the practice is illegal only to the extent that it is unfair in the meaning of Article L. 120-1. » ;
5° The first paragraph of Article L. 122-1 is supplemented by the words: "as long as this subordination constitutes an unfair commercial practice within the meaning of Article L. 120-1";
6° Article L. 122-3 is as follows:
"Art. L. 122-3.- It is prohibited to require the immediate or delayed payment of goods or services provided by a professional or, in respect of goods, to require their removal or retention, without the prior order of the consumer, except in the case of a substitute property or service provided in accordance with section L. 121-20-3.
"The violation of this prohibition is punishable by the penalties provided for in articles L. 122-12 to L. 122-14.
" Any contract concluded as a result of the implementation of the illicit trade practice referred to in the first paragraph of this article shall be null and void.
"The professional must, moreover, return the sums that he would have unduly received without explicit and prior commitment from the consumer. These sums are productive of interest at the legal rate calculated from the date of undue payment and interest at the legal rate increased by half from the claim made by the consumer. » ;
7° The 6th of Article L. 122-11-1 is repealed;
8° In the first paragraph of Article L. 421-6, the words: "Guideline 98/27/EC of the European Parliament and the Council on End-of-Protection Actions" are replaced by the words: "The Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on End-of-Earning Actions in Respect of Interest Protection".
I. ― Act No. 49-956 of 16 July 1949 on publications for youth is amended to read:
1° In the first paragraph of section 1, the word "subscribed" is replaced by the word "subscribed" and added the words ", as well as all complementary materials and products directly associated with them";
2° The first paragraph of Article 2 is as follows:
"The publications referred to in Article 1 shall not contain any content that poses a danger to the youth because of its pornographic character or where it is likely to incite discrimination or hatred against a particular person or group of persons, violations of human dignity, use, detention or trafficking of narcotics or psychotropic substances, violence or any acts that are qualified as crimes or moral offences or of a nature to harm the use, use or trafficking of narcotics or psychotropic substances » ;
3° The fourth to seventeenth paragraphs of Article 3 are replaced by twelve subparagraphs as follows:
"A representative of the Minister for Culture;
"A representative of the Minister for National Education;
"A representative of the Seal Guard, Minister of Justice;
"A representative of the Minister of Interior;
"A representative of public education staff and a representative of private education staff appointed by their trade union organizations;
"Two representatives of the publishers of publications destined for youth, appointed by their professional organizations;
"Two representatives of publishers of publications other than those for youth, designated by their professional organizations;
"Two representatives of the drafters and authors, appointed by their trade union organizations;
"A representative of youth movements or organizations, appointed on the proposal of their federations by the High Council of Education;
"A parent, designated by the National Union of Family Associations;
"A magistrate or former magistrate sitting or sitting in child courts, appointed by the Supreme Council of the Judiciary.
"It also includes, with advisory voices, the Defender of Rights or his Deputy Defender of Children, the President of the Superior Council of Audiovisual and the Chairman of the Film Classification Commission of the National Centre for Cinema and Animation, or their respective representatives. » ;
4° Section 4 is amended as follows:
(a) The first five paragraphs are replaced by two subparagraphs:
"Any natural or legal person may exercise the publication or publishing activity of a periodical referred to in section 1. When this activity is carried out by a legal person, the name, first name and quality of the person or persons who have the power to direct, manage or engage the legal person as usual are on each copy.
"People who have the power to direct, manage or engage the legal person as well as natural persons carrying out the publication or publishing activity of a periodical referred to in Article 1 shall meet the following conditions:"
(b) The first is supplemented by the words: "or a national of a Member State of the European Union or another State Party to the Agreement on the European Economic Area";
(c) The 4th is thus written:
« 4° Have not been removed from the parental authority; »
(d) At 5°, the references: "312 and 345 to 357 included" and "L. 626, L. 627, L. 627-2, L. 628, L. 629 and L. 630" respectively are replaced by the references: "223-3,223-4,224-4,227-1,227-2,227-5 to 227-10,227-12 and 227-13" and "
(e) At 6°, after the words: "direction or", the words are inserted: "if any";
5° In the first paragraph of section 5, the words: "from the director, the members of the steering committee and, if any, members of the board of directors or managers" are replaced by the words: "from the persons referred to in the second paragraph of section 4";
6° The first paragraph of Article 6 is amended as follows:
(a) After the word: "drop", the words are inserted: "or transmit electronically,"
(b) The word "five" is replaced by the word "two";
(c) After the word: "issue", the words are inserted: "or, if it is a publication from the European Union or another State Party to the agreement on the European Economic Area, as soon as it is imported for the free sale or distribution in France";
7° In the first sentence of the second paragraph of Article 7, the words: " Bibliography of France" are replaced by the words: "French National Bibliography";
8° In the fourth paragraph of Article 11, the reference: "to Article 60" is replaced by the references: "to Articles 121-6 and 121-7";
9° Section 13 is amended as follows:
(a) The first paragraph is as follows:
"The importation from a State that is neither a member of the European Union nor a party to the agreement on the European Economic Area for the free sale or distribution in France of publications destined for youth that do not meet the requirements of Article 2 is prohibited in an absolute capacity. » ;
(b) In the last paragraph, the word "foreign" is replaced by the words: "from a State that is neither a member of the European Union nor a party to the agreement on the European Economic Area";
10° Section 14 is amended as follows:
(a) The first two sub-items are replaced by three sub-items:
"With the exception of books, publications of any kind that poses a danger to youth because of their pornographic character must be covered by the mention " Provision of prohibited minors (Article 227-24 of the Criminal Code) and be sold under plastic film. This mention must appear in a visible, legible and unalterable manner on the cover of the publication and on each unit of its packaging. This mention prohibits proposing, giving, renting or selling the publication in question to minors. The implementation of this obligation lies with the publisher or, if not, the distributor responsible for the distribution in France of the publication.
"In addition, the Minister of Interior is authorized to prohibit:
"to propose, give or sell to minors any publications of any kind that poses a danger to the youth because of content of a pornographic nature or that may incite the crime or violence, discrimination or hatred of a particular person or group of persons, to human dignity, use, possession or trafficking in narcotic drugs or psychotropic substances; »
(b) In the second sentence of the ninth paragraph, the reference: "of the provisions of paragraph 2 above" is replaced by the reference: "of the third paragraph";
(c) In the tenth paragraph, the words "first five" are replaced by the words "third to fifth";
(d) In the second sentence of the eleventh preambular paragraph, the reference: "to Article 42.1° and 2°" is replaced by the references: "to 1° and 2° of Article 131-26";
(e) In the first sentence of the twelfth paragraph, the words "second, third and fourth" are replaced by the words "third to fifth";
(f) In the last paragraph, in the first sentence, the words: "eighth, tenth, eleventh and twelfth" are replaced by the words: "nine and eleventh to thirteen" and, at the end of the last sentence, the words: "Article 60 of the Penal Code is applicable" are replaced by the words: "The words: articles 121-6 and 121-7 of the Criminal Code are applicable".
II. ― The second paragraph of Article 6 of Act No. 47-585 of 2 April 1947 relating to the status of companies for the grouping and distribution of newspapers and periodical publications is thus amended:
1° In the first sentence, the references: "paragraphs 2,3 and 4" are replaced by the references: "first, third, fourth and fifth paragraphs";
2° In the second sentence, after the word: "minor", the words are inserted: First and third paragraphs of Article 14 of Law No. 49-956 of 16 July 1949 on publications intended for youth".
At 1° of Article L. 310-3 of the Commercial Code, after the words: "for these two periods," the words are inserted: "and for sales other than those mentioned in theArticle L. 121-16 of the Consumer Code "
Chapter II of Book V II of the same code is amended to read:
1° Article L. 522-2 is as follows:
"Art. L. 522-2.-The prefectural ruling on the application for approval is motivated. » ;
2° At the end of Article L. 522-8, the words: "after consultation with the bodies referred to in Article L. 522-2" are deleted;
3° Section L. 522-11 is amended as follows:
(a) In I, the words ", exceptionally" are deleted;
(b) In the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence, the words: "approved by the commercial court in whose jurisdiction the establishment is located" are deleted;
4° In the first sentence of the second paragraph of Article L. 522-19, the words ", as well as the bodies referred to in Article L. 522-2," are deleted;
5° Article L. 522-39 is amended as follows:
(a) In the first paragraph, the words: "and after consultation with professional and inter-professional bodies referred to in Article L. 522-2" are deleted;
(b) In the last paragraph, the words ", after consultation with professional and inter-professional organizations" are deleted.
I. ― In article L. 1243-1 and in the first paragraph of article L. 1243-4 of the Labour Code, the words "or force majeure" are replaced by the words: ", force majeure or incapacity recognized by the occupational doctor".
II. ― Sub-section 1 of chapter VI, section 2, title II of Book II of Part I of the Code is supplemented by two articles L. 1226-4-2 and L. 1226-4-3 as follows:
"Art. L. 1226-4-2.-The provisions of Article L. 1226-4 also apply to employees in fixed-term employment contracts.
"Art. L. 1226-4-3.-The termination of the fixed-term contract in the event of incapacity shall, for the employee, be entitled to compensation in the amount of which may not be less than that of the compensation provided for in Article L. 1234-9. This severance allowance shall be paid in the same manner as the precarious allowance provided for in section L. 1243-8. »
III. ― Section L. 1226-20 of the same code is amended as follows:
1° In the first sentence of the second preambular paragraph, the words: "request for judicial resolution" are replaced by the words: "resolve";
2° The second sentence of the second paragraph is deleted;
3° Two subparagraphs are added:
"The provisions referred to in sections L. 1226-10 and L. 1226-11 also apply to employees in fixed-term employment contracts.
"The termination of the contract shall, for the employee, be entitled to compensation in the amount of which may not be less than double that of the compensation provided for in Article L. 1234-9. This severance allowance shall be paid in the same manner as the precarious allowance provided for in section L. 1243-8. »
IV. ― In the first paragraph of articles L. 2412-2, L. 2412-3, L. 2412-4, L. 2412-7, L. 2412-8, L. 2412-9 and L. 2412-13 and L. 2412-5, L. 2412-6 and L. 2412-10 of the same code, after the word "serious", are inserted the words "or incapacity identified by the working physician".
At 1° of the I of Article 6 of Act No. 78-753 of 17 July 1978 on various measures to improve the relations between the administration and the public and various provisions of an administrative, social and fiscal order, after the words "the same code", are inserted the words: "the documents drawn up or detained by the Autorité de la concurrence in the exercise of its powers of investigation, instruction and decision,".
In the last sentence of the first paragraph of Article 60 of the Civil Code, the words: "or deletion" are replaced by the words: ", deletion or modification of the order".
The first paragraph of Article L. 312-1 of the monetary and financial code is supplemented by a sentence as follows:
"Every natural person of French nationality residing outside France, without a deposit account, shall also be entitled to the opening of such an account in the credit establishment of his or her choice. »
Article 4 of Act No. 85-528 of 15 May 1985 on declarative acts and judgments of death of persons who died in deportation is thus written:
"Art. 4.-The acts of death of persons referred to in Article 1 shall be established by the officials referred to in Article 3 of Order No. 45-2561 of 30 October 1945 amending the provisions of Civil code relating to the presumption of death and authorizing the establishment of certain acts of death.
"These deaths are rectified under the conditions set out in sections 5 and 6 upon a decision of the Minister for Veterans Affairs when they indicate a place or date of death other than those arising from the provisions of section 3. This rectification does not result in the cancellation of the transcribed act or the establishment of a new act. It does not affect the effects of the acts or judgments pronounced before the date of its registration on the death certificate. »
The 1st of the I of Article 13 of Law No. 78-17 of 6 January 1978 on computer science, files and freedoms is supplemented by the words: "so as to ensure a pluralistic representation".
I. ― The trade code is thus modified:
1° The first sentence of Article L. 123-16 is as follows:
"Tradeers, natural or legal persons, may, under conditions established by a regulation of the Authority of Accounting Standards, adopt a simplified presentation of their annual accounts when they do not exceed, at the end of the year, the figures fixed by decree for two of the following criteria: the total of their balance sheet, the net amount of their turnover or the average number of permanent employees employed during the year. » ;
2° After the same article L. 123-16, an article L. 123-16-1 is inserted as follows:
"Art. L. 123-16-1.-The legal persons referred to in section L. 123-16 and placed on an optional or full-right basis under the simplified actual taxation regime may present an annex prepared in accordance with an abridged model established by a regulation of the Authority of Accounting Standards. » ;
3° The second sentence of Article L. 123-17 is supplemented by the words: "and, if any, indicated in the report of the auditors";
4° In the title of sub-section 2 of section 2 of chapter III of title II of Book I, the words "physical persons" are deleted;
5° Article L. 123-25 is supplemented by a paragraph as follows:
"By derogation from the provisions of the first paragraph of section L. 123-12, legal persons who have the commercial quality, with the exception of those controlled by a corporation that establishes accounts under section L. 233-16, placed on an option or in full right under the simplified real taxation regime, may register receivables and debts only at the end of the fiscal year. » ;
6° Article L. 232-6 is repealed;
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-629 DC of 12 May 2011. ]
II. ― In the first paragraph of Article L. 511-35 of the monetary and financial code, the references: "Articles L. 232-1 and L. 232-6" are replaced by the reference: "Article L. 232-1".
Section 99 of the General Tax Code is supplemented by a paragraph to read as follows:
"With the exception of the first paragraph, individual operators whose annual revenue amount does not exceed the second threshold referred to in I of section 302 septies A, during the calendar year or the previous calendar year, may, during the year, record their earnings and professional expenses on the pound-journal by holding the date of the transaction on the statement that is sent to them by a credit institution at a later date, »
After the 1 of article 302 septies A ter A of the same code, it is inserted a 1 bis as follows:
"1 bis. With the exception of those with the quality of merchant that are controlled by a company that establishes accounts under theArticle L. 233-16 of the Commercial Code, legal persons subject to the regime defined in Article 302 septies A bis of this code and which are not referred to in 1 of this section may register claims and debts only at the end of the fiscal year. »
The trade code is thus modified:
1° The second paragraph of articles L. 225-39 and L. 225-87 is deleted;
2° The 6th of Article L. 225-115 is repealed;
3° Article L. 227-11 is as follows:
"Art. L. 227-11.-Section L. 227-10 is not applicable to conventions relating to routine and normal operations. »
I. ― At the beginning of the 1st of Article L. 225-115 of the same code, the words "From the inventory" are deleted.
II. ― In the first paragraph of Article 1743 of the General Tax Code, the words "and the book of inventory, planned" are replaced by the word "planned".
Article L. 225-129-6 of the Commercial Code is amended as follows:
1° The first sentence of the first paragraph is supplemented by the words: "when the company has employees";
2° It is added a paragraph to read:
"The first and second subparagraphs are not applicable to companies controlled within the meaning of Article L. 233-16 of this Code when the company that controls them has established, under the conditions specified in second paragraph of Article L. 3344-1 of the Labour Code, a system of capital increase that can benefit workers of controlled companies. »
Article L. 225-135 of the same code is as follows:
"Art. L. 225-135.-A meeting that decides or authorizes an increase in capital, either by fixing all terms and conditions, or by delegating its power or jurisdiction under the conditions laid down in sections L. 225-129-1 or L. 225-129-2, may delete the preferential right of subscription for the totality of the capital increase or for one or more tranches of that increase, as provided in sections L. 225-136
"She decides on the report of the board of directors or the board of directors.
"When deciding on the capital increase, either by fixing all terms and conditions, or by delegating its power under the conditions laid down in Article L. 225-129-1, it shall also rule on the report of the auditors, except in the case referred to in the first paragraph of Article L. 225-136.
"When a delegation of authority or jurisdiction is used, the board of directors or the board of directors and the auditor shall each prepare a report on the final conditions of the operation presented to the next ordinary general meeting. The report of the board of directors or board of directors meets the obligation under section L. 225-129-5.
"In companies whose capital securities are admitted to negotiations on a regulated market, the assembly may provide that the capital increase that it decides or authorizes includes a period of subscription priority for shareholders, whose minimum duration is fixed by decree in the Council of State. It may also delegate to the board of directors or to the board of directors the authority to assess whether such time limits should be provided and, possibly, to set such time limits under the same conditions.
"A decree in the Council of State sets out the conditions under which the reports under this article are prepared. »
I. ― The same code is amended:
1° Section L. 234-1 is amended as follows:
(a) At the beginning of the first sentence of the third paragraph, the words: "In the event of non-observance of these provisions" are replaced by the words: "When the board of directors or supervisory board has not been convened to deliberate on the facts raised or when the auditor has not been summoned to do so";
(b) It is added a paragraph to read:
"In a period of six months from the start of the alert procedure, the External Auditor may take the course to the point in which he felt that he would be able to put an end to the alert when, despite the evidence that motivated his assessment, the continuity of operations remains compromised and the urgency commands immediate action. » ;
2° Section L. 234-2 is amended as follows:
(a) At the beginning of the last sentence of the first paragraph, the words are added: "On receipt of the response or failing to respond within fifteen days,"
(b) At the beginning of the second paragraph, the words: "In case of non-observance of these provisions" are replaced by the words: "If the leader fails to respond";
(c) It is added a paragraph to read:
"The last paragraph of Article L. 234-1 is applicable. » ;
3° Section L. 612-3 is amended as follows:
(a) At the beginning of the first sentence of the third paragraph, the words: "In the event of non-observance of these provisions" are replaced by the words: "When the collegial body of the legal person has not been met to deliberate on the facts raised or when the auditor was not summoned to this session";
(b) Before the last preambular paragraph, a subparagraph shall read:
"In a period of six months from the commencement of the proceedings, the External Auditor may take the course to the point in which he felt he was able to put an end to the proceedings when, in spite of the elements that motivated his assessment, the continuity of operations remains compromised and the urgency commands immediate action. »
II. I is applicable to proceedings that are in effect on the date of publication of this Act.
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-629 DC of 12 May 2011. ]
I. ― Article L. 112-2 of the monetary and financial code is amended as follows:
1° In the second sentence of the first paragraph, after the words "commercial activities" are inserted the words " or craftsmen";
2° After the first preambular paragraph, a sub-item reads as follows:
"It is also deemed to be in direct contact with the object of a building agreement any clause providing, for activities other than those referred to in the first paragraph and for activities carried out by the liberal professions, an indexation on the variation of the quarterly index of rents of tertiary activities published by the National Institute of Statistics and Economic Studies under conditions fixed by decree. » ;
3° In the second paragraph, the words "of the previous paragraph" are replaced by the words "of the preceding paragraphs".
II. ― Section L. 112-3 of the same code is amended as follows:
1° In the first paragraph, the words "of the first paragraph" are replaced by the words "of the first and second paragraphs";
2° At 9°, after the words: "commercial activities" are inserted the words: " or craftsmen";
3° It is added a 10° as follows:
« 10° The rents provided by the conventions relating to a premises for use of the activities provided for in the second paragraph of Article L. 112-2. »
III. ― The first paragraph of Article L. 145-34 of the Commercial Code is amended as follows:
1° In the first sentence, the words: "if applicable, of the quarterly commercial rent index referred to in the first paragraph" are replaced by the words: "if applicable, the quarterly commercial rent index or the quarterly rent index for tertiary activities referred to in the first and second paragraphs";
2° In the second sentence, the words: "if applicable, the quarterly index of commercial rents" are replaced by the words: "if applicable, the quarterly index of commercial rents or the quarterly index of rents of tertiary activities".
IV. ― In the third paragraph of section L. 145-38 of the same code, the words: "if applicable, the quarterly index of commercial rents referred to in the first paragraph" are replaced by the words: "if applicable, the quarterly index of commercial rents or the quarterly index of rents of tertiary activities referred to in the first and second paragraphs".
I. ― The last paragraph of Article L. 236-9 of the Commercial Code is replaced by four paragraphs as follows:
"Unless the shareholders of the companies participating in the merger transaction decide otherwise under the conditions set out in II of section L. 236-10, the board of directors or the board of each company participating in the transaction shall prepare a written report that is made available to the shareholders.
"The boards of directors or directors of the companies participating in the transaction shall inform their respective shareholders, before the date of the general meeting provided for in the first paragraph, of any significant changes in their assets and liabilities between the date of the establishment of the merger project and the date of the meeting of the general assemblies referred to in the same paragraph.
"They also notify the boards of directors or directors of the other companies participating in the transaction to inform their shareholders of these changes.
"The modalities for the implementation of this information are determined by decree in the Council of State. »
II. ― Section L. 236-11 of the same code is amended as follows:
1° The second occurrence of the word "absorbed" is replaced by the words "participating in the operation" and the word "last" is replaced by the word "fourth";
2° It is added a paragraph to read:
"However, one or more shareholders of the absorbing corporation with at least 5% of the social capital may apply for the designation of an agent for the purpose of convening the extraordinary general assembly of the absorbing corporation to decide on the approval of the merger. »
III. ― After article L. 236-11 of the same code, an article L. 236-11-1 is inserted as follows:
"Art. L. 236-11-1.-Where, from the filing of the merger project at the commercial court office and to the completion of the transaction, the absorbent company holds at least 90% of the voting rights of the absorbed companies, without holding the full amount of the voting rights:
« 1° There is no place for approval of the merger by the extraordinary general assembly of the absorbing society. However, one or more shareholders of the absorbing corporation meeting at least 5% of the social capital may apply for the designation of an agent for the purpose of convening the extraordinary general assembly of the absorbing corporation to decide on the approval of the merger;
« 2° The reports referred to in sections L. 236-9 and L. 236-10 are not required when the minority shareholders of the absorbed company have been offered, prior to the merger, the purchase of their shares by the absorbing company at a price commensurate with the value of those shares, determined, as the case may be:
“(a) Under the conditions set out inArticle 1843-4 of the Civil Codeif the shares of the absorbed society are not admitted to negotiations on a regulated market;
“(b) Within the framework of a public offer initiated under the conditions and under the terms and conditions established by the general regulation of the Autorité des marchés financiers, if the shares of the absorbed company are admitted to negotiations on a regulated market;
"(c) As part of an offer that meets the conditions of a or b, if the shares of the absorbed society are admitted to negotiations on a multilateral trading system that is subject to the legislative or regulatory provisions to protect investors from insider operations, course manipulations and the dissemination of false information. »
IV. ― In section L. 236-16 of the same code, the reference: "and L. 236-10" is replaced by the references: ", L. 236-10 and L. 236-11".
V. ― In the second paragraph of Article L. 236-17 of the same code, the words: "from the report referred to in Article L. 236-10" are replaced by the words: "from the reports referred to in Articles L. 236-9 and L. 236-10".
VI. This section comes into force on the last day of the third month following the promulgation of this Act.
The intellectual property code is thus amended:
1° At the beginning of the first sentence of Article L. 132-36, the words are added: "By derogation from Article L. 131-1 and";
2° In article L. 132-38, after the word "paid", the words "for supplementary remuneration" are inserted;
3° In the last paragraph of Article L. 132-39, after the word "remuneration", the word "additional" is inserted;
4° After the third paragraph of Article L. 132-44, four subparagraphs are inserted as follows:
"In the absence of a negotiating commitment, are considered to be parties to the negotiation of the business agreement the employer and the union delegate. In the absence of a union delegate, may refer to the commission:
“–the representative institutions of staff;
" – if not, any employee appointed by a trade union organisation of professional journalists within the meaning ofArticle L. 7111-3 of the Labour Code ;
" – if not, any professional journalist within the meaning of the same article L. 7111-3 regularly working with the press company. » ;
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-629 DC of 12 May 2011. ]
Act No. 86-897 of 1 August 1986 on the reform of the legal regime of the press is thus amended:
1° The second paragraph of Article 2 is supplemented by the words "or an online press service";
2° In the second sentence of Article 4, after the words: " board of directors or", the words "of council" are inserted;
3° Article 5 is thus written:
“Art. 5. - In any press release, the following information is transmitted to readers in each issue:
« 1° If the publisher does not have a legal personality, the name and name of the owner or principal co-owner;
« 2° If the publisher is a legal entity, its name or social reason, its head office, its legal form, and the name of its legal representative and natural or legal persons holding at least 10% of its capital;
« 3° The name of the publication director and that of the editor.
"This information is also available on the homepage of any online press service. » ;
4° Section 6 is amended as follows:
(a) In the first paragraph, after the words: "readers", are inserted the words: "or internet users" and after the first occurrence of the words: "of the publication", are inserted the words: "or the online press service";
(b) The third paragraph (2°) is supplemented by the words "or an online press service".
I. ― Are repealed:
1° TheArticle L. 313-6 of the Consumer Code ;
2° ♪ articles 73 and 74 of Act No. 99-574 of 9 July 1999 agricultural orientation;
3° TheArticle 137 of Act No. 2000-1208 of 13 December 2000 relating to urban solidarity and renewal;
4° TheArticle 1 of Act No. 2003-591 of 2 July 2003 enabling the Government to simplify the law;
5° Article 31 of the Act of 16 October 1919 on the use of hydraulic energy;
6° ♪ Articles L. 132-32 and L. 132-33 of the Intellectual Property Code ;
7° The 1° of Article L. 5214-5 of the Labour Code ;
8° TheArticle 86 of Act No. 2004-809 of 13 August 2004 relating to local freedoms and responsibilities.
II. – The sixth and seventh paragraphs of Article L. 113-2 of the Code of Social Action and Families are deleted.
III. ― Section L. 362-1 of the Education Code is amended as follows:
1° The fifth preambular paragraph reads as follows:
"The recognition or dispensation referred to in the preceding two paragraphs is pronounced by order of the Minister for Culture. » ;
2° At the beginning of the penultimate paragraph, the words: "The composition of the national commission provided for in this article and" are deleted.
TheArticle 9 of Act No. 2009-1436 of 24 November 2009 Prisons are thus drafted:
"Art. 9.-The State may, on an experimental basis, for a maximum of four years from 1 January following the promulgation of this Act, entrust by convention to the regions or to the territorial community of Corsica, upon their request, the organization and financing of the continuing professional training of persons held in penal institutions located in their territory.
"The State participates in the financing of additional charges in credits and personnel supported by each experimental region as a result of experimentation. As such, services or parts of the services that participate in the exercise of the competence under this experiment may be made available to the experimental region, free of charge and for a work quotity to be determined under the conditions provided for in theArticle 112 of Act No. 2004-809 of 13 August 2004 relating to local freedoms and responsibilities.
"Six months before the end of the period provided for in the first paragraph, the Government shall report to Parliament on the implementation of this experiment. »
I. ― Are repealed:
1° TheArticle 37 of Act No. 2003-591 of 2 July 2003 enabling the Government to simplify the law;
2° Articles L. 35-7 and L. 35-8 of the Post and Electronic Communications Code;
3° TheArticle 102 of Act No. 85-30 of 9 January 1985 relating to mountain development and protection;
4° TheArticle 7 of Act No. 2002-1094 of 29 August 2002 orientation and programming for internal security;
5° TheArticle 10 of Act No. 2003-495 of 12 June 2003 Strengthening the fight against road violence;
6° I of section 164 of the Financial Law Order 1959 (No. 58-1374 of 30 December 1958);
7° II of Article 31 of the Financial Law for 2003 (No. 2002-1575 of 30 December 2002);
8° TheArticle 44 of Act No. 85-1268 of 29 November 1985 relative to the overall operating staffing;
9° TheArticle 6 of Act No. 2002-1138 of 9 September 2002 orientation and programming for justice;
10° Articles L. 115-4 and L. 264-9 of the Code of Social Action and Families;
11° TheArticle 8 of Act No. 94-638 of 25 July 1994 aiming to promote employment, insertion and economic activities in overseas departments, Saint-Pierre-et-Miquelon and Mayotte;
12° TheArticle 5 of Act No. 86-1 of 3 January 1986 relating to the right of expression of employees and amending Labour code.
II. ― After Article 4 bis of Order No. 58-1100 of 17 November 1958 on the functioning of parliamentary assemblies, an article 4 ter is inserted as follows:
"Art. 4 ter.-Any legislative provision that provides for the Government to issue a report to Parliament without specifying the duration of its application shall be repealed after five years after the year of its entry into force. »
III. – II is not applicable:
1° To Articles L. 2131-7, L. 3132-2 and L. 4142-2 of the General Code of Territorial Communities ;
2° To articles L. 111-10 and L. 313-14 of the Code of Entry and Residence of Aliens and the Right of Asylum;
3° Article L. 114-2-1 of the Code of Social Action and Families;
4° A lArticle 34 of Act No. 99-641 of 27 July 1999 creating universal disease coverage;
5° A lArticle 52 of Act No. 2003-239 of 18 March 2003 for internal security.
When the administrative authority, before making a decision, consults an organization, only irregularities that may have influenced the meaning of the decision made in the notice rendered may, if any, be invoked against the decision.
The previous paragraph also applies to open consultations conducted under section 16 of this Act.
I. ― first paragraph of Article 11 of Law No. 83-634 of 13 July 1983 the rights and obligations of civil servants are thus drafted:
"The public servants shall, on the occasion of their duties and in accordance with the rules established by the Criminal code and special laws, a protection organized by the public community that employs them on the date of the facts in question or the facts having been defamatoryly charged to the grievor. »
II. ― After the fourth paragraph of Article L. 4123-10 of the Defence Code, it is inserted a paragraph as follows:
"The competent service to grant protection is that of which the member reports on the date of the facts in question. »
The first paragraph of Article L. 218-72 of the Environmental Code is supplemented by a sentence as follows:
"The same is true in the case of the loss of elements of the cargo of a vessel, transported in containers, in packages, tanks or bulk, which may create a serious, direct or indirect danger to the environment. »
In section L. 121-5 of the Administrative Justice Code, the word "four" is replaced by the word "five".
The general code of territorial authorities is amended as follows:
1° The third paragraph of Article L. 1211-3 is supplemented by two sentences as follows:
"When a financial decree concerning territorial authorities creates or amends a mandatory standard, consultation with the local finance committee also focuses on the financial impact of the standard. The consultation of the Standards Assessment Advisory Board referred to in section L. 1211-4-2 is then deemed to be satisfied. » ;
2° Section L. 1211-4-2 is amended as follows:
(a) In the second sentence of the first paragraph, the word "it" is replaced by the words "the commission";
(b) In the second paragraph, after the words: "financial impact", the words are inserted: ", whether positive, negative or neutral."
The second paragraph of article L. 2121-7 of the same code is supplemented by a sentence as follows:
"By derogation from the provisions of Article L. 2121-12, in the communes of 3,500 inhabitants and more, the convocation shall be sent to the members of the municipal council at least three frank days before that of the first meeting. »
I. ― Article L. 2121-21 of the same code is supplemented by a paragraph as follows:
"If only one candidacy has been filed for each position to be filled in the municipal commissions or outside organizations, or if only one list has been submitted after a call for applications, the appointments shall be effective immediately, in the order of the list as appropriate, and read out by the mayor. »
II. ― Article L. 3121-15 of the same code is supplemented by a paragraph as follows:
"If only one candidacy has been filed for each position to be filled in departmental commissions or outside organizations, or if only one list has been submitted after a call for applications, the appointments shall be effective immediately, in the order of the list as appropriate, and read out by the President of the General Council. »
III. ― Article L. 4132-14 of the same code is supplemented by a paragraph as follows:
"If only one candidacy has been filed for each position to be filled in the regional commissions or outside organizations, or if only one list has been submitted after a call for applications, the appointments shall be effective immediately, in the order of the list as appropriate, and read out by the Chair of the Regional Council. »
IV. ― At 1° of Article L. 5215-10 of the same code, the words "in the penultimate" are replaced by the words "in the fifth".
The same code is amended:
1° Section 4 of Chapter III of Part II title I is supplemented by an article L. 2213-32, which reads as follows:
"Art. L. 2213-32.-The mayor defends outside the fire. » ;
2° Title II of Book II of Part II is supplemented by a chapter V as follows:
“Chapter V
"External fire defence
"Art. L. 2225-1.-The purpose of the external fire defence is to ensure, according to the needs resulting from the risks to be taken into account, the water supply of the means of fire and rescue services through water points identified for this purpose. It is placed under the authority of the mayor in accordance with Article L. 2213-32.
"Art. L. 2225-2.-The municipalities are responsible for the public fire defence service and are responsible for the creation, development and management of the water points necessary for the water supply of fire and rescue services. They can also intervene upstream of these water points to ensure their supply.
"Art. L. 2225-3.-When the supply of the water points referred to in sections L. 2225-1 and L. 2225-2 relies on a water transportation or distribution network, the related investments requested by the public or private person responsible for this network are supported by the public defence service against the fire.
"Art. L. 2225-4.-A decree in the Council of State determines the conditions for the application of this chapter. » ;
3° Section L. 5211-9-2 is amended as follows:
(a) I is supplemented by a sub-item:
"Without prejudice to Article L. 2212-2 and by derogation from the provisions of Article L. 2213-32, where a public institution of intercommunal cooperation with clean taxation is competent in the field of external defence against the fire, the mayors of the municipalities members of the fire may transfer to the president of that institution powers to regulate this activity. » ;
(b) In the first sentence of the first paragraph of IV, the words "fourth and last" are replaced by the words "last three".
After article L. 2212-2-1 of the same code, an article L. 2212-2-2 is inserted as follows:
"Art. L. 2212-2-2. - In the hypothesis that, after unsuccessful detention, the mayor would proceed with the forced execution of the pelagic work to put an end to the advance of the private plantations on the right of the communal tracks in order to guarantee the safety and convenience of the passage, the costs of the operations are borne by the negligent owners. »
I. ― Article L. 2122-22 of the same code is supplemented by a 24° as follows:
« 24° To authorize, on behalf of the commune, the renewal of membership to the associations of which it is a member. »
II. ― After the 14th of article L. 3211-2 of the same code, it is inserted a 15th such as:
« 15° To authorize, on behalf of the department, the renewal of membership to the associations of which he is a member. »
III. ― After the 11th of the article L. 4221-5 of the same code, it is inserted a 12th grade as follows:
« 12° To authorize, on behalf of the region, the renewal of membership to associations of which it is a member. »
IV. ― In the second paragraph of Article L. 5211-9-2 of the same code, the words "public institution of intercommunal cooperation with clean taxation" are replaced by the words "community grouping".
Chapter V of Book II title I of the second part of the same code is supplemented by an article L. 2215-9 as follows:
"Art. L. 2215-9. - When a tunnel or bridge extends over several departments, the direction of rescue operations, under the municipal police pursuant to section L. 2212-2, is entrusted, in the event of an accident, disaster or disaster, for the road tunnels covered by section L. 2212-2.Article L. 118-1 of the Road Traffic Code, to the representative of the competent State to intervene as administrative authority responsible for security and designated by ministerial order, and, for other tunnels and bridges, to the representative of the State in the department on whose territory the length of operation of the work is the longest. »
I. ― Article L. 5211-1 of the same code is supplemented by a paragraph as follows:
"For the purposes of Article L. 2121-4, the resignation of a member of a legislative body of public intercommunal cooperation institutions is addressed to the President. The resignation is final upon receipt by the President, who immediately informs the mayor of the commune whose resignation delegate is born, for his replacement. »
II. ― Article L. 5211-2 of the same code is as follows:
"Art. L. 5211-2.-A except those of the second to fourth paragraphs of Article L. 2122-4, the provisions of Chapter II of Book I of Part II relating to the mayor and deputy shall apply to the president and members of the office of public intercommunal cooperation institutions, as they are not contrary to the provisions of this title. »
In the third paragraph of section L. 5211-8 of the same code, after the words "of a municipal council" are inserted the words "or renewal of the municipal council pursuant to theArticle L. 270 of the Electoral Code "
The last paragraph of article L. 5211-41-2 of the same code is supplemented by a sentence as follows:
"The term of office of delegates prior to the transformation of the institution is extended until the new deliberative body is established within one month of the transformation. »
Chapter II of Book VII, Part 5, Part 5, of the Code is supplemented by an article L. 5722-10, as follows:
"Art. L. 5722-10.-A joint union beneficiary of competency transfers provided by theArticle 30 of Act No. 2004-809 of 13 August 2004 relating to local liberties and responsibilities may receive from its members, for the realization of equipment of the transferred competence, the payment of equipment subsidies after agreements expressed by a simple majority of the trade union committee and the legislative bodies of the local authorities and public intercommunal cooperation institutions concerned.
"The total amount of the contribution funds paid cannot exceed the amount of the investments to be made, deducting from the self-financing and the grants received. »
Article L. 252-1 of the Code of the Judiciary Organization is supplemented by a paragraph as follows:
"The judge of the children may be replaced, in the event of absence or incapacity, or temporarily replaced by a judge of the seat designated by the president of the court of large instance. »
Article L. 212-11 of the Heritage Code is as follows:
"Art. L. 212-11.-The civil status documents having more than one hundred and fifty years of date, the cadastral plans and records that have ceased to be in service for at least thirty years and the other archival documents having more than one hundred years of date, held in the archives of municipalities under 2,000 inhabitants, are deposited in the archives of the department.
"However, after a statement to the representative of the State in the department, the commune may retain these documents or, if a member of a group of territorial authorities, file them in accordance with the terms set out in the first paragraph of Article L. 212-12. The second paragraph of the same article shall then be applicable. »
I. ― In the first sentence of the first paragraph of Article 693 of the Code of Criminal Procedure, the words: "the place of landing" are replaced by the words: "or that the victims of the offence were the persons on board an aircraft, that of the place of take-off, destination or landing".
II. ― The Penal Code is amended as follows:
1° In the first and second sentence of Article 113-3, after the words: "of such ships" are inserted the words: "or persons on board";
2° In the first and second sentence of Article 113-4, after the words: "such aircraft" are inserted the words: "or persons on board";
3° In the first paragraph of article 113-11, after the words: "in France" are inserted the words "or persons on board".
III. The second paragraph of Article 89 of the Civil Code is as follows:
"If more than one person has disappeared during the same event, a collective request may be made to the court of the place of disappearance, to the home port of the building or aircraft, to the Paris High Court Court or to any other court of large instance that the interest of the case warrants. »
In the first sentence of Article L. 5124-7 of the Public Health Code, the words "accredited by the administrative authority, after the advice of the competent central council of the national order of pharmacists", are deleted.
I. ― Article L. 5125-23-1 of the same code is amended as follows:
1° The first paragraph is supplemented by a sentence as follows:
"The categories of medicines excluded from the scope of this paragraph shall be determined by an order of the Minister for Health on the proposal of the French Health Safety Agency for Health Products. » ;
2° In the second paragraph, the words: "if they are on a list set by order of the Minister for Health after notice" are replaced by the words: "except if they are on a list set by an order of the Minister for Health on Proposal";
3° The second sentence of the last paragraph is deleted.
II. ― At the first sentence of the fourth paragraph of section L. 4311-1 of the same code, the words: "whose list is fixed by order of the Minister for Health, after notice" are replaced by the words: ", unless they appear on a list fixed by order of the Minister for Health, on proposal".
In the first sentence of the first paragraph of Article L. 243-5 of the Social Security Code, the words: "a craftsman or a legal person of private law even non-commercial" are replaced by the words: "a person registered in the trades repertoire, a natural person exercising an independent professional activity, including a liberal profession, or a legal person of private law".
The same code is amended:
1° Article L. 142-5 is amended as follows:
(a) After the words: "Every court by", the end of the first sentence of the first paragraph is thus written: "the competent authority of the State, on the proposal of the most representative professional organizations concerned";
(b) It is added a paragraph to read:
"A decree in the Council of State determines the modalities for the application of this article. » ;
2° In the first sentence of the ninth paragraph of Article L. 143-2, the words "or the Regional Director of Health and Social Affairs" are replaced by the words "by the competent authority of the State";
3° In Article L. 244-1, the words "or the Regional Director of Health and Social Affairs" are deleted;
4° In the first sentence of Article L. 244-2, the words "of the Regional Director of Health and Social Affairs" are replaced by the words "of the competent authority of the State".
I. ― The second paragraph of Article 6 of Act No. 73-5 of 2 January 1973 on the direct payment of maintenance is supplemented by the words: "and avail itself of the provisions of Article 39 of Law No. 91-650 of 9 July 1991 reforming civil enforcement procedures."
II. ― Article L. 581-8 of the Social Security Code is thus restored:
"Art. L. 581-8. - Family benefit debtors may avail themselves ofArticle 39 of Act No. 91-650 of 9 July 1991 reforming civil enforcement procedures for the exercise of the mission entrusted to them for the recovery of unpaid claims. »
Article L. 8222-6 of the Labour Code is as follows:
"Art. L. 8222-6.-A written contract entered into by a public legal entity must include a clause stipulating that penalties may be imposed on the contracting party if the contracting party fails to perform the formalities referred to in sections L. 8221-3 to L. 8221-5. The penalty amount shall not exceed 10 per cent of the amount of the contract and shall not exceed that of fines incurred under sections L. 8224-1, L. 8224-2 and L. 8224-5.
"Every legal person of public law who has contracted with a company, informed in writing by a supervisor of the irregular situation of the company in respect of the formalities referred to in Articles L. 8221-3 and L. 8221-5, immediately directs the company to stop the situation. The company thus retained provides the public legal entity with proof that it has put an end to the criminal situation.
"The legal entity of public law shall, without delay, transmit to the reporting agent the information provided by the company or the information provided by a non-response.
"In the absence of a correction of irregularities reported within a time limit set by decree in the Council of State, the legal person of public law shall inform the reporting officer and may apply the penalties provided by the contract or terminate the contract, without compensation, at the costs and risks of the contractor.
"If it fails to comply with the obligations arising from the second, third or fourth paragraph of this article, the legal person of public law shall be held in solidarity with the amounts due under 1° and 3° of Article L. 8222-2, under the conditions provided for in Article L. 8222-3. »
I. ― In the third paragraph of Article L. 115-31 and 6° of Article L. 215-1 of the Code of Consumption, the words: "regional branches of industry, research and the environment" are replaced by the words: "Deconcented services of the State responsible for controls in the field of metrology".
II. ― At the 6th of Article L. 1515-6 of the Public Health Code, the words: "Regional Directorates of Industry, Research and the Environment" are replaced by the words: "decent State services responsible for the control of metrology".
III. ― The environmental code is thus modified:
1° At 7° of Article L. 218-5, the words "and pavements" are replaced by the words ", water and forests";
2° The 7th of Article L. 218-26 is supplemented by the words: "or to the regional direction of the environment, the development and the housing";
3° In the second sentence of Article L. 218-28, the words "and pavements" are replaced by the words ", water and forests";
4° Article L. 218-36 is amended as follows:
(a) At 6°, after the word "environment", the words are inserted: "or to the regional direction of the environment, the development and the housing";
(b) At 7°, the words "and pavements" are replaced by the words ", water and forests";
5° Article L. 218-53 is amended as follows:
(a) At 2° of I and in the first paragraph of II, the words "and pavements" are replaced by the words ", water and forests";
(b) At 3° of I, after the word: "environment", the words are inserted: "or to the regional direction of the environment, the development and the housing";
6° At 5° of the I of Article L. 218-66, the words "and pavements" are replaced by the words ", water and forests";
7° At the 2° of the I of Article L. 437-1, the words: "rural engineering" are replaced by the words: "bridges";
8° At the end of the third paragraph of Article L. 581-9, the words "of the mayor" are replaced by the words "of the competent authority";
9° At 5° of the I of Article L. 581-40, the words "and pavements" are replaced by the words ", water and forests".
IV. – 4° of Article L. 751-6 of the Commercial Code is thus written:
« 4° A member of the General Inspectors of the Administration of Sustainable Development appointed by the Vice-President of the General Council of the Environment and Sustainable Development; "
V. ― In the first paragraph of Article L. 302-9-1-1 of the Construction and Housing Code, the words "bridges and pavements" are replaced by the words "environment and sustainable development".
VI. ― At the 2nd of Article L. 116-2 of the Highway Traffic Code, the words "and pavements" are replaced by the words ", water and forests".
VII. ― At the 2nd of Article L. 142-4 of the Highway Code, the words "and pavements" are replaced by the words ", water and forests".
VIII. ― In the second paragraph of Article L. 122-3 and in the first sentence of Article L. 323-2 of the Forest Code, the words "rural engineering" are replaced by the words "bridges".
IX. ― In the third paragraph of Article L. 323-1 and in the first sentence of Article L. 323-2 of the Mayotte Forest Code, the words "rural engineering" are replaced by the words "bridges".
X. ― In the eighth paragraph of section 33 of Act No. 68-1181 of 30 December 1968 on the exploration of the continental shelf and the exploitation of its natural resources, the words "and pavements" are replaced by the words ", water and forests".
XI. ― first paragraph of Article 2 of Order No. 58-904 of 26 September 1958 relative to various financial provisions (national education), the words "and pavements" are replaced by the words ", water and forests".
XII. ― The words: "agents of the General Directorate of Competition, Consumption and Suppression of Frauds" are replaced by the words: "agents of competition, consumption and repression of frauds":
1° In the fourth paragraph of Article L. 115-31, in the first sentence of the first paragraph of Article L. 121-2, in the I of Article L. 141-3, at 1° of Article L. 215-1, in Article L. 215-1-1, in the first sentence of Article L. 215-2-3, in the first and second paragraphs of Article L. 215-3-2 and in the second paragraphs of Article L. first paragraph of Article L. 217-10 of the Consumer Code ;
2° Aunt second paragraph of Article 59 quinquies of Customs Code ;
3° At 3° of Article L. 521-12 of the Environmental Code;
4° Article L. 83 B of the Tax Procedures Book;
5° A la first sentence of article L. 130-8 of the road code ;
6° 1° of Article L. 1515-6, first paragraph of Article L. 4163-1, 4° of Articles L. 5146-1 and L. 5146-2, first paragraph of Article L. 5463-1, second paragraph of Articles L. 5514-3 and L. 5514-5 and first sentence of the last paragraph of Article L. 6324-1 of the Public Health Code ;
7° Aunt first paragraph of Article L. 232-20 of the Sports Code ;
8° Article L. 642-35, article L. 671-1, paragraph 3, and article L. 671-1-1, second paragraph I, of the Rural and Maritime Fisheries Code;
9° Aunt IV of Article 24 of Act No. 96-603 of 5 July 1996 on the development and promotion of trade and crafts;
10° Au second paragraph of Article 9 of Act No. 89-1008 of 31 December 1989 relating to the development of commercial and artisanal enterprises and the improvement of their economic, legal and social environment;
11° In the first sentence of 1 and 2 of Article 108 of the Financial Law for 1982 (No. 81-1160 of 30 December 1981);
12° Au IV of Article 5 of Act No. 46-1173 of 23 May 1946 regulating conditions of access to the hairdresser profession;
13° In the last paragraph of Article 17 of the Law of 6 May 1919 concerning the protection of the labels of origin.
XIII. ― The words "general direction of competition" are replaced by the word "competition":
1° A la first sentence of Article 59 quater of Customs Code ;
2° At the first sentence of Article L. 135 L and Article L. 135 V of the Tax Procedures Book;
3° A la first sentence of article L. 3351-8 of the Public Health Code ;
4° A la first sentence of Article 5 of Act No. 2002-1094 of 29 August 2002 orientation and programming for internal security.
At the end of the second sentence of the first paragraph of Article L. 1333-2 of the Defence Code, the words: "after notice of the Higher Council of Nuclear Safety" are replaced by the words: "after consultation with the Nuclear Safety Authority".
The first sentence of the first paragraph of Article L. 123-17 of the Rural and Maritime Fisheries Code is as follows:
"In order to maintain the effects of land-use planning in the 1st of Article L. 121-1 or in the 2nd of the same article in its writing prior to the Act No. 2005-157 of 23 February 2005 relating to the development of rural territories, any draft division of land within the scope of these operations must be submitted, for the ten years following the close of these operations, to the departmental land development commission. »
I. ― The environmental code is modified as follows:
1° In the second paragraph of Article L. 511-2, the words: "on registered facilities" are deleted;
2° The first paragraph of Article L. 512-5 is supplemented by a sentence as follows:
"The draft technical rules and requirements are published, possibly electronically, prior to their transmission to the Higher Council for the Prevention of Technology Risk. » ;
3° Article L. 512-7-1 is amended as follows:
(a) In the last sentence of the second paragraph, after the word "posting", the words "on the site and" are inserted;
(b) The last paragraph is supplemented by the words "or secrets of national defence in the military or industrial field";
4° The first paragraph of Article L. 512-9 is supplemented by a sentence as follows:
"The draft general requirements are published, possibly electronically, prior to their transmission to the competent departmental advisory board. » ;
5° The first paragraph of Article L. 512-10 is supplemented by a sentence as follows:
"The draft general requirements are published, possibly electronically, prior to their transmission to the Higher Council for the Prevention of Technology Risk. »
II. ― The first sentence of the second paragraph of the V and VI of Article 29 of Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters is supplemented by the words: "and after a public inquiry conducted in accordance with the provisions of Chapter III of Book I of the Environmental Code".
The public interest group is a public legal entity with administrative and financial autonomy. It is constituted by a convention approved by the State either between several legal persons of public law or between one or more of them and one or more legal persons of private law.
These people work together in general non-profit activities, sharing the means necessary for their exercise.
Territorial authorities and their groupings may not constitute groups of public interest among themselves to carry out activities that may be entrusted to one of the public co-operation bodies provided for in Part 5 of the General Code of Territorial Communities.
The constitutive convention regulates the organization and operating conditions of the grouping. It contains the following:
1° The name of the grouping;
2° The name, name or name, legal form, domicile or head office of each of the members of the group and, where appropriate, its unique identification number and the city where the office of the office of the trades where it is registered;
3° The duration, determined or indeterminate, for which the grouping is constituted;
4° The object of the grouping;
5° The address of the headquarters of the group;
6° The rules governing the determination of statutory rights, the contribution of members to the group’s expenses and the conditions under which they are held by the group’s commitments;
7° The rules concerning the administration, organization and representation of the grouping;
8° The conditions in which the grouping can take participations, associate with others and transfer;
9° The applicable accounting regime, in accordance with the rules set out in section 72 112 of this Act;
10° The terms and conditions of employment of the grouping staff and the regime of labour relations applicable to them;
11° Conditions for membership of new members and withdrawal of members.
The constitutive agreement may provide for the terms and conditions of appointment, the terms and conditions of remuneration, the powers and scope of the powers of a liquidator in the event of the dissolution of the grouping.
The constitutive agreement is signed by the authorized representatives of each member. The State approves the constitutive convention as well as its renewal and modification, according to the terms fixed by decree in the Council of State.
The transformation of any legal entity into a group of public interests, or the opposite, does not result in any dissolution or creation of a new legal entity in respect of tax and social provisions.
The reception of new members such as the withdrawal of members of the group is carried out according to the conditions provided for in the constitutive agreement. They cannot lead to the lack of knowledge of the rules set out in Article 103.
Public legal persons and private legal persons charged with a public service mission must together hold more than half of the capital or voice in the legislative organs.
Foreign legal persons participate in a public interest group under the same conditions as French legal entities of private law.
When the purpose of the group is to jointly implement and manage cross-border or interregional cooperation projects and programmes, foreign legal entities of public law and foreign legal entities of private law responsible for a public service mission participate in a public interest group in the same conditions as French legal entities of public law. However, except where established in a Member State of the European Union, these legal persons may not hold more than half of the capital or votes in the legislative organs.
The public interest group is constituted with or without capital.
The rights of its members cannot be represented by negotiable securities.
The general assembly of the members of the group shall make any decision regarding the administration of the group, subject to the powers vested in other bodies by the constitutive convention.
A board of directors may be constituted under the conditions provided by the constitutive convention to exercise some of the powers of the general assembly.
Decisions to amend or renew the agreement, transform the group into another structure or early dissolution of the grouping may only be taken by the General Assembly. These decisions are made unanimously or by a qualified majority, under conditions provided for by the constitutive convention.
The general assembly of the group is composed of all members. Unless otherwise provided in the constitutive agreement, each member shall have one vote.
The General Assembly shall be convened at the request of at least one quarter of the members of the group or at the request of one or more members holding at least one quarter of the vote.
The public interest group has a director who, under the authority of the general assembly or board of directors, ensures the operation of the group. The terms and conditions of its designation and the exercise of its functions are set out in the constitutive agreement.
In his dealings with third parties, the director hires the group for any act entering the object of the group.
The same person may act as director and chair of the board of directors if the constitutive agreement so provides.
The public interest group does not give rise to profit sharing. Annual management surpluses may only be used for the purpose of the grouping object or reserve.
The contribution of members to the grouping debts is determined, when the grouping was constituted with capital, proportion of their share in capital and, if not, because of their contribution to the grouping expenses.
Group members are not in solidarity with third parties.
The members of the group are:
1° Staff made available by its members;
2° Where applicable, agents of a public legal entity referred to in theArticle 2 of Act No. 83-634 of 13 July 1983 bearing the rights and obligations of officials, not a member of the group, and in a position consistent with their status;
3° Private staff recruited directly by the group, as a supplement.
Subject to the provisions relating to the general status of the public service, the staff of the group and its director shall, irrespective of the nature of the activities of the group, be subject to the provisions of the constitutive agreement, Labour code or a regime of public law determined by decree in the Council of State.
I. ― The regime of the personnel of the groupings created prior to the publication of the decree in the Council of State referred to in the last paragraph of Article 109 is determined by the General Assembly or, failing that, by the Board of Directors, within six months of the publication.
Staff on the date of promulgation of this Act shall remain governed by the provisions applicable to them until the decision of the General Assembly comes into force or the deliberation of the Board of Directors. Until that same date, the grouping may also conclude or renew contracts in accordance with these provisions.
By derogation from the provisions of the second preambular paragraph, such personnel may be eligible to continue these provisions until the end of their contract and no later than four years after the promulgation of this Act.
II. ― The regime of the personnel of the groupings created after the publication of the decree in the Council of State referred to in the last paragraph of Article 109 is fixed by the constitutive convention.
I. ― When the activity of a public legal person employing non-public law officers is transferred to a public interest group whose staff is subject to the public law regime established by the decree in the Council of State referred to in the last paragraph of Article 109 or reciprocally, the legal person who resumes the activity proposes to these agents a contract of public law, of a fixed duration or indeterminate according to the nature of the contract of which they are held, second, third and fourth paragraphs of Article 14 ter of Act No. 83-634 of 13 July 1983 referred to above.
II. ― Where the activity of an entity employing employees of private law is transferred to a public interest group whose staff is subject to the public law regime established by the decree in the Council of State referred to in the last paragraph of Article 109, the public interest group proposes to these agents a contract of public law, fixed-term or indeterminate according to the nature of the contract they hold, under the same conditions as those provided for in the second last paragraphs of Article L. 1224-3 of the Labour Code.
III. ― Where the activity of an entity employing private employees is transferred to a public interest group whose staff is subject to the private law regime, the public interest group proposes to these agents a contract subject to the private law system Labour codeunder the same conditions as those provided for in Article L. 1224-1 of the said code.
IV. ― Where the activity of a public legal entity employing non-public law officers is taken over by a public interest group whose staff is subject to Labour code, the public interest group proposes to these agents a contract subject to this code, under the same conditions as those provided for in the second and last paragraphs of Article L. 1224-3-1 of that Code.
The accounting of the grouping is maintained and managed according to the rules of private law, unless the contracting parties have made the choice of public management in the constitutive agreement or if the grouping is exclusively made up of public legal persons subject to the public accounting regime.
The resources of public interest groups include:
1° The financial contributions of members;
2° Provision without financial consideration of personnel, premises or equipment;
3° Grants;
4° Products of their own property or made available to them, compensation for benefits and intellectual property products;
5° Borrowing and other contractual resources;
6° Donations and bequests.
The State may appoint a Commissioner of the Government to oversee the activities and management of the group, unless the State is not a member of the group.
A decree in the Council of State defines the powers of the Commissioner of the Government and the conditions under which he may oppose the decisions of the group.
Public interest groups shall be subject to the control of the Court of Auditors or the Regional Boards of Accounts, under the conditions provided by the Financial courts code.
Groups of public interest having as a member of the State or an organization subject to the economic and financial control of the State or to the financial control of the State may be subject to the economic and financial control of the State under conditions fixed by decree in the Council of State.
The public interest group is dissolved:
1° By the arrival of the term of the constitutive convention in the event that the agreement was concluded for a specified period and where it is not renewed;
2° By decision of the General Assembly;
3° By decision of the administrative authority which approved the constitutive agreement, in particular in case of termination of the object.
The dissolution of the public interest group leads to its liquidation. The moral personality of the group survives for the needs of the group.
The constitutive agreement provides for the terms and conditions of appointment, conditions of remuneration, powers and scope of powers of a liquidator. In the silence of the convention, it is appointed by the members of the group or, if they were unable to make such appointment by a decision of the State. The liquidator may be revoked under the same conditions. Appointment and revocation shall be subject only to third parties from publication.
After payment of the debts and, where applicable, repayment of the capital or resuming of the contributions, the surplus of assets shall be attributed to one or more beneficiaries in accordance with the decisions taken by the general assembly of the group.
Are repealed or deleted:
1° Articles L. 341-1 to L. 341-4 of the search code;
2° Articles L. 216-11, L. 423-1, L. 423-2, the second paragraph of Article L. 423-3 and Article L. 719-11 of the Education Code;
3° TheArticle L. 114-1 of the Sport Code ;
4° TheArticle 12 of Act No. 85-30 of 9 January 1985 relating to mountain development and protection;
5° TheArticle 6 of Act No. 87-432 of 22 June 1987 relating to the public prison service;
6° TheArticle 22 of Act No. 87-571 of 23 July 1987 on the development of patronage;
7° Articles L. 611-3 and L. 812-5 of the Rural and Maritime Fisheries Code;
8° TheArticle 26 of Act No. 92-675 of 17 July 1992 bringing various provisions relating to learning, vocational training and amending the Labour code ;
9° II of Article 89 of the Financial Law for 1993 (No. 92-1376 of 30 December 1992);
10° TheArticle 96 of Act No. 93-121 of 27 January 1993 carrying out various social measures;
11° La Act No. 94-342 of 29 April 1994 relating to the computerization of the land book of the departments of Bas-Rhin, Haut-Rhin and Moselle;
12° TheArticle 22 of Act No. 94-628 of 25 July 1994 relating to the organization of work time, recruitment and transfer in the public service;
13° Article L. 131-8 of the Environmental Code;
14° TheArticle 29 of Act No. 2000-321 of 12 April 2000 the rights of citizens in their relations with administrations;
15° The II of Article 3 of Act No. 2004-1343 of 9 December 2004 simplification of the law;
16° TheArticle 90 of Act No. 2002-303 of 4 March 2002 the rights of the sick and the quality of the health system;
17° TheArticle 90 of Act No. 2000-719 of 1 August 2000 amending Act No. 86-1067 of 30 September 1986 on freedom of communication;
18° TheArticle L. 141-1 of the Tourism Code.
I. ― second paragraph of Article 50 of Law No. 91-1405 of 31 December 1991 relating to vocational training and employment and to the second sentence of the fourth paragraph of Article L. 161-17 of the Social Security Code, the reference: "of theArticle 21 of Act No. 82-610 of 15 July 1982 of orientation and programming for the research and technological development of France" is replaced by the reference: "of Chapter II of Law No. 2011-525 of 17 May 2011 on simplification and improvement of the quality of law".
II. ― In the first paragraph of Article L. 541-43 of the Environmental Code, the reference: "theArticle 21 of Act No. 82-610 of 15 July 1982 of orientation and programming for the research and technological development of France" is replaced by the reference: "Chapter II of Law No. 2011-525 of 17 May 2011 on simplification and improvement of the quality of law".
III. ― In the seventh paragraph of Article L. 542-11 of the Environmental Code, the references: "Articles L. 341-2 to L. 341-4 of the Research Code" are replaced by the reference: "From Chapter II of Act No. 2011-525 of 17 May 2011 to simplify and improve the quality of law".
IV. ― Section 239 quater B of the General Tax Code is read as follows:
"Art. 239 quater B.-The groupings of public interest constituted and operating under the conditions set out in Chapter II of Act No. 2011-525 of 17 May 2011 to simplify and improve the quality of the right do not fall within the scope of application of 1 of section 206, but each of their members is personally liable, on the part of the surpluses corresponding to their rights in the group, either of »
V. ― In the first paragraph of Article L. 161-36-5 of the Social Security Code, the reference is: "the provisions of Chapter I of Title IV of Book III of the Research Code" is replaced by the reference: "Chapter II of Law No. 2011-525 of 17 May 2011 to simplify and improve the quality of law".
VI. ― first paragraph of Article 55 of Law No. 91-647 of 10 July 1991 Legal aid is thus drafted:
" Subject to the provisions of this section, the Departmental Council for Access to Law is a public interest group to which Chapter II of Law No. 2011-525 of 17 May 2011 is applicable to simplifying and improving the quality of law. »
VII. ― third paragraph of Article 53 of Law No. 92-125 of 6 February 1992 relating to the territorial administration of the Republic is thus drafted:
"Chapter II of Act No. 2011-525 of 17 May 2011 on simplification and improvement of the quality of law is applicable to the grouping under this section, subject to the provisions of the following paragraph. »
VIII. ― The Labour Code is amended as follows:
1° Article L. 5313-3 is as follows:
"Art. L. 5313-3.-Employment houses may take the form of public interest groups governed by Chapter II of Act No. 2011-525 of 17 May 2011 on simplification and improvement of the quality of law. » ;
2° Section L. 5313-4 is repealed.
IX. The first sentence of the second paragraph of article L. 1415-3 of the Public Health Code is as follows:
" Subject to the provisions of this chapter, this grouping is governed by Chapter II of Act No. 2011-525 of 17 May 2011 on simplification and improvement of the quality of law. »
X. ― In the first paragraph of Article L. 6113-10-1 of the same Code, the references: "articles L. 341-2 to L. 341-4 of the Research Code" are replaced by the references: "the provisions of Chapter II of Act No. 2011-525 of 17 May 2011 for simplification and improvement of the quality of law" and, at 2° of the same section, the reference: "toarticle L. 341-4 of the search code is replaced by the reference: "in chapter II of Act No. 2011-525 of 17 May 2011 referred to above."
XI. ― In the fourth sentence of the first paragraph of article L. 121-3 of the urban planning code, the reference: "of theArticle 21 of Act No. 82-610 of 15 July 1982 of orientation and programming for the research and technological development of France" is replaced by the reference: "of Chapter II of Law No. 2011-525 of 17 May 2011 on simplification and improvement of the quality of law".
XII. ― V of Article 3 of Law No. 99-210 of 19 March 1999 New Caledonia:
"V. ― Groups of public interest may be established between the State and other legal entities of public or private law for:
« 1° To carry out activities to promote, in the metropolis, the training of the necessary frameworks for the economic and social development of New Caledonia;
« 2° Conduct activities in the field of conservation and management of natural environments;
"3° Promote the reception in New Caledonia of international sporting events;
« 4° For the purpose of implementing the guidance recommended by the agreement signed in Nouméa on 5 May 1998 on the training of the inhabitants of New Caledonia, carry out activities to enable persons residing in New Caledonia to attend training;
« 5° Conduct activities that contribute to the development and implementation of concerted urban social development policies.
"These groups are subject to the provisions of Chapter II of Act No. 2011-525 of 17 May 2011 on simplification and improvement of the quality of law. »
XIII. ― In article 44 of Act No. 2001-616 of 11 July 2001 on Mayotte, the words: "at theArticle 21 of Act No. 82-610 of 15 July 1982 of orientation and programming for the research and technological development of France" are replaced by the words: "by chapter II of Act No. 2011-525 of 17 May 2011 on simplification and improvement of the quality of law".
XIV. ― Article L. 225-15 of the Code of Social Action and Families is supplemented by a paragraph thus written:
" Subject to the provisions of this section, this grouping is governed by Chapter II of Act No. 2011-525 of 17 May 2011 on simplification and improvement of the quality of law. »
XV. ― second paragraph of Article 236 of Law No. 2005-157 of 23 February 2005 for the development of rural territories,
"When the State is a member, Chapter II of Act No. 2011-525 of 17 May 2011 on simplification and improvement of the quality of law is applicable to these public interest groups. »
XVI. ― first sentence of the second paragraph of Article 25 of Law No. 2005-781 of 13 July 2005 of the program setting out the directions of energy policy, the words: "as provided for in sections L. 341-1 to L. 341-4 of the search code and in sections L. 351-1 to L. 355-1 of the same code" are replaced by the references: "in chapter II of Act No. 2011-525 of 17 May 2011 to simplify and improve the quality of law as well as articles L. 351-1 to L. 355-1".
XVII. ― In the first paragraph of articles L. 365-1, L. 366-1 and L. 367-1 of the search code, the references: "L. 341-1 to L. 341-4" are deleted.
XVIII. ― second paragraph of Article 29-1 of Law No. 95-115 of 4 February 1995 for the development and development of the territory, the references: "the articles 27 and 29 of Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations are replaced by the references: "theArticle 27 of Act No. 2000-321 of 12 April 2000 relative aux droits des citoyen dans leurs relations avec les administrations et le chapitre II de la loi n° 2011-525 du 17 mai 2011 de simplification et d' améliorer la qualité du droit".
XIX. ― Section L. 5312-14 of the Transportation Code is amended as follows:
1° The second sentence of the second paragraph is deleted;
2° It is added a paragraph to read:
" Subject to the provisions of this section, these groups are governed by Chapter II of Law No. 2011-525 of 17 May 2011 on simplification and improvement of the quality of law. »
XX. ― In the third paragraph of the 4th paragraph of section 261 of the General Tax Code, the references: ", L. 719-10 and L. 719-11" are replaced by the reference: " and L. 719-10".
XXI. ― In the first paragraph of section L. 256-2-1 of the Rural and Maritime Fisheries Code, the references: "to sections L. 341-1 to L. 341-4 of the Research Code" are replaced by the reference: "in chapter II of Act No. 2011-525 of 17 May 2011 to simplify and improve the quality of law".
XXII. ― In section L. 162-2 of the Tourism Code, the references: ", L. 134-3 and L. 141-1" are replaced by the reference: " and L. 134-3".
The provisions repealed or amended by sections 118 and 119 of this Act continue to govern the groupings established on their basis until such groupings are in conformity with the provisions of this chapter. Such compliance shall take place within two years of the promulgation of this Act.
For groupings of establishments established pursuant to section L. 423-1 of the Education Code, the scheme of personnel recruited under contract before such groupings are in the form of public interest groups under this chapter may be maintained until the end of their contract, within four years after the promulgation of this Act.
This chapter is not applicable, except as a subsidiary, to public interest groups established under the following provisions:
1° Articles L. 146-3 and L. 226-6 of the Code of Social Action and Families;
2° TheArticle 33 of Act No. 90-568 of 2 July 1990 concerning the organization of the public service of the post and France Télécom;
3° ♪ articles L. 6113-10 and L. 6133-1 of the Public Health Code ;
4° TheArticle 35 of Act No. 2009-594 of 27 May 2009 for the economic development of overseas countries.
This chapter is applicable in New Caledonia, with the exception of groups of public interest established pursuant to Article 54-2 of Organic Law No. 99-209 of 19 March 1999 on New Caledonia, in French Polynesia, with the exception of groups of public interest constituted under the 1st of Article 90 of Organic Law No. 2004-192 of 27 February 2004
For the application of this chapter in New Caledonia and French Polynesia:
1° In the last paragraph of Article 109, after the word "public", the words "or local provisions applicable to public officials" are inserted;
2° In the first paragraph of Article 115, the word "regional" is replaced by the word "territorial".
The urban planning code is thus modified:
1° Article L. 121-1 is amended as follows:
(a) At 1°, the words: ", the development of city entrances and rural development" are deleted;
(b) After 1°, it is inserted a 1° bis as follows:
« 1° bis The urban, architectural and landscape quality of city entrances; »
2° After the c of Article L. 123-12, it is inserted a cbi has thus written:
“c bis (a) Compose provisions for city entrances incompatible with the consideration of nuisances, security, urban, architectural and landscape quality; "
The same code is amended:
1° The III of Article L. 122-1-5 is supplemented by a paragraph as follows:
"It may extend the application of Article L. 111-1-4 to other roads than those mentioned in the first paragraph of that Article. » ;
2° The second paragraph of Article L. 111-1-4 is replaced by two paragraphs as follows:
"This prohibition also applies in a band of seventy-five metres on both sides of the roads referred to in the last paragraph of Article L. 122-1-5.
"It does not apply:".
The building and housing code is thus modified:
1° Article L. 133-1 is supplemented by a paragraph as follows:
"If the building is subject to the Act No. 65-557 of 10 July 1965 fixing the status of co-ownership of built buildings, the notification of the injunction to co-owners is validly made to the only union of co-owners taken in the person of the trustee who must promptly inform each condominium by registered letter with request for notice of receipt. » ;
2° After the first paragraph of Article L. 133-2, it is inserted a paragraph as follows:
"If the building is subject to the Act No. 65-557 of 10 July 1965 referred to above, the notification of the retention to the co-owners is validly made to the only union of the co-owners taken in the person of the trustee who must promptly inform each condominium by registered letter with a request for notice of receipt. »
In section L. 321-9 of the same code, the reference: "L. 353-9-1" is replaced by the reference: "L. 353-9-2".
I. ― [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-629 DC of 12 May 2011. ]
II. ― Article L. 445-1 of the same code is supplemented by two paragraphs as follows:
"Despite the date set out in the first paragraph, the comprehensive heritage conventions that have been concluded between the State and the moderately rented housing organizations before March 27, 2009 can be the subject of an advent that incorporates the specific provisions of social utility conventions. The proposed amendment is sent by the housing agency to the State representative in the department where the agency has its headquarters within three months of the promulgation of the Act No. 2011-525 of 17 May 2011 simplifying and improving the quality of law and signed within six months from the same date. As of the date of signature of the above-mentioned actor, the global heritage conventions are described as social utility conventions. If the moderate rented housing organization did not transmit the project within three months of the promulgation of the Act No. 2011-525 of 17 May 2011 referred to abovethe penalties provided for in the ninth paragraph of this article shall apply.
« Within six months of the promulgation of the Act No. 2011-525 of 17 May 2011 referred to above, moderately rented housing organizations having no rental heritage conclude with the State a social utility convention "accession" of six years renewable according to the terms defined by decree. »
Chapter III of title II of Book IV of the same code is supplemented by an article L. 423-15 as follows:
"Art. L. 423-15.-A moderately rented housing organization may make a current account advance to a moderately rented housing corporation with at least 5% of its capital. The interest rate of this advance may not exceed 1.5 points the rate served to the holder of a pound A. This advance is subject to a pre-reporting regime for ministers responsible for housing and the economy. The absence of a joint reasoned opposition of the two ministers within two months is agreed. The terms of the declaration are defined by decree.
"If it carries out a rental activity, the moderate lender housing agency informs the social rental housing guarantee fund of the conclusion and conditions of the advance. If it operates a property acquisition activity, it informs the guarantee company of residential organizations with moderate rent against the risks of real estate transactions of the conclusion and the conditions of the advance. »
The same code is amended:
1° The last paragraph of Article L. 443-12 is as follows:
"When the purchaser is one of the legal persons referred to in section L. 443-11 other than a moderately rented housing organization or a mixed-cost social housing construction and management company, the selling price may not be less than the valuation made by the domain service based on the price of comparable housing free of occupation. In the event of sale to a moderately rented housing organization or a mixed economy company, the domain service is not consulted. » ;
2° Article L. 451-5 is supplemented by the words: "and those between two moderately rented housing organizations."
After Article L. 423-5 of the same code, an article L. 423-6 is reinstated as follows:
"Art. L. 423-6.-I. ― In order to enhance the effectiveness of their actions within the framework of a good organization, moderately rented housing organizations can create between themselves and, where appropriate, their subsidiaries, joint economic companies for the construction and management of social housing, as well as with accredited collector organizations for the purpose of participating in the collection of the participation of employers in the construction effort mentioned in the subsidiary, the sole purpose of these organizations is to use these organizations for the purpose of the joint cooperation
"The co-operation structure operates in the absence of compensation for a cost-sharing between its members based on the use of services.
“Each of the legal persons mentioned in the first paragraph may adhere to a structure already incorporated in accordance with that same paragraph.
"The joint economic societies for the construction and management of social housing can, under the same conditions, create a cooperative structure between them and, where appropriate, the legal persons mentioned in the first paragraph of this I.
"Also can adhere to these structures, under the same conditions, organizations that are accredited under Article L. 365-1.
“II. An agreement between the cooperation structure and each of its members sets out the modalities for the sharing of means. This agreement includes compensation by the recipient member of the exact cost of using the services of the structure.
"A decree in the Council of State specifies the conditions for the application of this article. »
Chapter III of title II of Book IV of the same code is supplemented by an article L. 423-16 as follows:
"Art. L. 423-16.-A moderately rented housing organization may provide on its long-term available resources participatory loans referred to in sections L. 313-13 to L. 313-16 of the monetary and financial code, to one or more moderately rented housing companies with which it has, directly or indirectly, capital bonds giving it effective control over that or these companies in the sense of theArticle L. 233-3 of the Commercial Code. This loan is subject to a pre-reporting regime for ministers responsible for housing and the economy. The lack of joint reasoned opposition between the two ministers within two months is agreed. The terms of the declaration are defined by decree.
"These participatory loans are paid without the fixed rate increased by the variable share determined by contract may exceed the interest rate served to the holder of a booklet A, increased by 1.5 points.
"The moderate rent lender housing organization shall inform the credit union referred to in section L. 452-1 of this code if it carries on a rental activity and the guarantee company of residential organizations with a moderate rent against the risks of real property transactions referred to in section L. 453-1 if it carries on a moderate housing acquisition activity of the conclusion and of the terms of the loan to the organization. »
Chapter I of Book IV title II of the same code is supplemented by a section 5 as follows:
“Section 5
« Markets
"Art. L. 421-26.-The contracts of public housing offices are governed by the provisions applicable to the markets of public or private persons subject to the rules established by theOrder No. 2005-649 of 6 June 2005 relating to procurement by certain public or private individuals not subject to the public procurement code. »
In the last paragraph of section L. 422-13 of the same code, the words: "production" are deleted twice, and the reference: "to section L. 422-3" is replaced by the references: "to articles L. 422-3 and L. 422-3-2".
I. ―Order No. 2005-864 of 28 July 2005 on safeguarded sectors is ratified.
II. ― In the last paragraph of Article L. 313-1 of the urban planning code, the word "decided" is replaced by the word "approved".
The last paragraph of articles L. 670-1 and L. 670-4 of the trade code is deleted.
Section L. 142-5 of the Highway Code is repealed.
In the last sentence of Article L. 117-2 of the Code of Social Action and Families, the words "A decree determines the conditions under which" are deleted.
The general tax code is amended as follows:
1° Section 39 AH is repealed;
2° The last paragraph of 2 of the a sexies of I of Article 219 is deleted;
3° Section 242 ter B is amended as follows:
(a) In 2, the words: "in conditions provided by decree" are deleted;
(b) The first paragraph of 3 is as follows:
"A copy of the statement referred to in 1 must be sent to the beneficiaries of the income concerned. »
I. ― The second sentence of Article L. 322-2 of the insurance code is deleted.
II. ― The general tax code is amended as follows:
1° Article 200 sexies VI is repealed;
2° The last paragraph of section 1607 ter is deleted.
III. ― The last paragraph of section 19 of Order No. 67-830 of 27 September 1967 relating to the development of conditions of work with respect to the regime of collective agreements, the work of young people and the restorative titles is deleted.
IV. – The IV of section 23 and the III of section 30 of Act No. 2001-1168 of 11 December 2001 on urgent measures of economic and financial reforms are repealed.
I. ― The second sentence of article L. 116-4 of the mutuality code is deleted.
II. ― The Public Health Code is amended as follows:
1° Articles L. 1335-2-1, L. 1335-2-2 and L. 1335-2-3 are repealed;
2° In the second sentence of the second paragraph of Article L. 6163-6, the words: "and cannot be less than an amount fixed by decree" are deleted.
III. – The last paragraph of Article L. 324-1 and the second sentence of Article L. 932-51 of the Social Security Code are deleted.
IV. ― At the end ofarticle 9-6-2 of Order No. 77-1102 of 26 September 1977 extending and adapting to the department of Saint-Pierre-et-Miquelon various provisions relating to social affairs, the words "whose payment methods are fixed by decree" are deleted.
I. ― The code of social action and families is thus modified:
1° Chapter VIII of Book II title IV is repealed;
2° The last paragraph of Article L. 311-3 is deleted;
3° Article L. 312-9 is as follows:
"Art. L. 312-9.-The establishments and services referred to in Article L. 312-1 are equipped with information systems designed to ensure respect for the protection of nominal data.
"When they fall within its area of competence, the establishments and services referred to in the preceding paragraph shall transmit to the National Solidarity Fund for Self-Government the data required for the study referred to in 11° of Article L. 14-10-1 under conditions prescribed by regulation. » ;
4° In the first sentence of the last paragraph of Article L. 421-3, the words: "can apply" are replaced by the word "seeking" and the words: "limiting except in cases, provided by decree, where this competence is exercised by the State" are replaced by the word "frontier".
II. ― Section 2 I of Act No. 2001-624 of 17 July 2001 on various social, educational and cultural provisions is repealed.
Act No. 86-1067 of 30 September 1986 on freedom of communication is thus amended:
1° The second sentence of Article 20-4 is deleted;
2° The last sentence of the 12th of Article 28 is deleted;
3° In the fifth paragraph of Article 34, the reference: "34-3" is replaced by the reference: "34-2";
4° Section 34-3 is repealed.
The V of Article 19 of Law No. 2007-309 of 5 March 2007 on the modernization of audiovisual broadcasting and television of the future is thus amended:
1° At the beginning of the first paragraph, the words: "From 1 September 2010" are replaced by the words: "In a three-month period from the broadcast of terrestrial radio services in digital mode to at least 20% of the French population";
2° At the beginning of the second paragraph, the words: "From 1 September 2012" are replaced by the words: "In a twelve-month period from the broadcast of terrestrial radio services in digital mode to at least 20% of the French population";
3° At the beginning of the last paragraph, the words: "From 1 September 2013" are replaced by the words: "In a period of eighteen months from the broadcast of terrestrial radio services in digital mode with at least 20% of the French population";
4° It is added a paragraph to read:
"When the broadcast of terrestrial radio services on a digital basis reaches a level of coverage corresponding to 20% of the French population, the Conseil supérieur de l'audiovisuel makes this information public. »
I. ― Act No. 2002-282 of 28 February 2002 establishing a Foundation for Comparative Studies is repealed.
II. ― Section L. 111-8-3 of the Financial Courts Code is repealed.
Section 28 of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy is repealed.
In article L. 912-1-2 of the Education Code, the words: "in conditions fixed by decree in the State Council" are deleted.
Title IV of Book I of the Code of Criminal Procedure is supplemented by a chapter IV, as follows:
“Chapter IV
“Judicial autopsy
"Art. 230-28.-A judicial autopsy may be ordered in the course of a judicial investigation pursuant to Articles 60,74 and 77-1 or judicial information pursuant to Articles 156 et seq.
"It can only be done by a practitioner who holds a degree attesting to her training in forensic medicine or a title justifying her experience in forensic medicine.
"In the course of a judicial autopsy, the practitioner designated for this purpose conducts biological sampling that is necessary for the purposes of the investigation or judicial information.
" Subject to the needs of the investigation or judicial information, the spouse, the concubine, the partner bound by a civil covenant of solidarity, the ascendants or the descendants directly online of the deceased are informed as soon as possible of what an autopsy has been ordered and that biological sampling has been carried out.
"Art. 230-29.-When a judicial autopsy has been carried out as part of an investigation or judicial information and the preservation of the body of the deceased is no longer necessary for the manifestation of the truth, the competent judicial authority shall promptly issue the authorization to surrender the body and the permit to burial.
"The practitioner who has performed a judicial autopsy is required to ensure the best possible restoration of the body before being handed over to the relatives of the deceased.
"It cannot be denied to the relatives of the deceased who wish to have access to the body prior to beer, except for public health reasons. Access to the body takes place in conditions that guarantee respect, dignity, decency and humanity. A charter of good practices, whose content is defined by regulation, informs families of their rights and duties. It is mandatoryly displayed in a visible place.
"At the end of a month's period from the date of the autopsy, relatives of the deceased who are entitled to attend the funeral may request the return of the body to the prosecutor of the Republic or the investigating judge, who must respond by a written decision within fifteen days.
"Art. 230-30.-When biological sampling during a judicial autopsy is no longer necessary for the manifestation of the truth, the competent judicial authority may order their destruction.
"Destruction is carried out in accordance with the terms provided by theArticle R. 1335-11 of the Public Health Code.
"However, subject to public health constraints and where such removals are the only elements that allowed the identification of the deceased, the competent judicial authority may authorize their restitution for burial or cremation.
"Art. 230-31.-The modalities for the application of the provisions of this chapter are specified by decree in the Council of State. »
Article 131-35 of the Criminal Code is supplemented by a paragraph as follows:
"The display and distribution can be ordered cumulatively. »
In the first sentence of the first paragraph of article 221-3 of the same code, after the word "premeditation", the words "or guet-apens" are inserted.
The same code is amended:
1° At the end of the 8th of Article 222-24, 6th of Article 222-28, 5th of Article 225-4-2, 10th of Article 225-7 and 4th of Article 227-26 and the second paragraph of Article 322-6-1, the word "communication" is replaced by the words "electronic communication";
2° In the second paragraph of section 226-15, the words "Telecommunications channel" are replaced by the words "electronic channel".
In the first paragraph of section 227-3 of the same code, the reference: "Book I title IX" is deleted.
I. ― Section 441-8 of the same code is repealed.
II. ∙ 1. Article L. 1414-4 of the General Code of Territorial Communities states: "By the first and second paragraphs of Article 441-8," are deleted.
2. At 2° of the I of Article L. 114-21 of the code of mutuality, the reference: ", 441-8" is deleted.
3. The Social Security Code is thus amended:
(a) In the second paragraph of Article L. 471-4, the references: "to sections 441-7 and 441-8" are replaced by the reference: "to section 441-7";
(b) At the b of the 1st of Article L. 931-9, the reference: ", 441-8" is deleted.
4. Aunt a of section 4 of Order No. 2004-559 of 17 June 2004 on partnership contracts, the words "by the first and second paragraphs of Article 441-8" are deleted.
5. Aunt 1° of Article 8 of Order No. 2005-649 of 6 June 2005 the words "by the first and second paragraphs of Article 441-8" are deleted.
6. In the second paragraph of section 94 of Order No. 2006-1588 of 13 December 2006 on the Prevention, Repair and Pricing Regime for Occupational Accidents and Diseases in Mayotte, the references: "to sections 441-7 and 441-8" are replaced by the reference: "to section 441-7".
Sections 717-1 and 727-1 of the Criminal Code are repealed.
The same code is amended:
1° Section 432-11 is amended as follows:
(a) At 1°, the words: "to abstain from accomplishing" are replaced by the words: "to have accomplished, to abstain or to refrain from performing";
(b) At 2°, after the word "abuse", the words "or abused" are inserted;
2° Article 433-1 reads as follows:
"Art. 433-1. - It is punishable by ten years of imprisonment and 150,000 € to fine the fact, by any person, to propose without right, at any time, directly or indirectly, offers, promises, gifts, gifts, presents or any benefits to a person depositary of the public authority, charged with a public service mission or invested with a public elective mandate, for himself or for others:
« 1° Either for it to accomplish or abstain from fulfilling, or because it has accomplished or refrained from performing, an act of its function, mission or mandate, or facilitated by its function, mission or mandate;
« 2° Either for it to abuse, or because it has abused, its real or supposed influence in order to obtain from an authority or public administration distinctions, jobs, markets or any other favourable decision.
"It is punishable by the same penalties to assign to a person who is the custodian of the public authority, who is responsible for a public service mission or has a public elective mandate that, at any time, directly or indirectly, solicits, promises, gifts, gifts, gifts, gifts or benefits of any kind, for himself or others, to accomplish or have done, to abstain or to be abstained from abusing" » ;
3° Section 433-2 is amended as follows:
(a) In the first paragraph, the words "to abuse" are replaced by the words "to abuse or abuse";
(b) In the second paragraph, the words: "so that it abuses" are replaced by the words: "so that it abuses or because it abuses";
4° Section 434-9 is amended as follows:
(a) In the seventh paragraph, the words: "for the accomplishment or forbearance of one" are replaced by the words: "to accomplish or have accomplished, to abstain or to refrain from performing one";
(b) The eighth preambular paragraph reads as follows:
"The fact of giving in to the solicitations of a person mentioned at 1° to 5° or proposing to him without right, at any time, directly or indirectly, offers, promises, gifts, gifts, presents or any benefit, for himself or for others, for it to accomplish or abstain from performing, or because it has performed or has refrained from doing its work » ;
5° Section 434-9-1 is amended as follows:
(a) In the first paragraph, the words "to abuse" are replaced by the words "to abuse or abuse";
(b) In the second paragraph, the words: "so that it abuses" are replaced by the words: "so that it abuses or because it abuses";
6° In section 435-1, the words: "in order to accomplish or abstain" are replaced by the words: "to accomplish or have accomplished, to abstain or to abstain";
7° In section 435-2, the words: "to abuse" are replaced by the words: "to abuse or abuse";
8° Section 435-3 is amended as follows:
(a) In the first paragraph, the words: "in order to obtain that it does or abstains from accomplishing" are replaced by the words: "for it to accomplish or abstain from accomplishing, or because it has accomplished or has refrained from accomplishing";
(b) In the second paragraph, the words: "in order to accomplish or abstain" are replaced by the words: "to accomplish or have accomplished, to abstain or to abstain";
9° Section 435-4 is amended as follows:
(a) In the first paragraph, the words: "so that it abuses" are replaced by the words: "so that it abuses or because it abuses";
(b) In the second paragraph, the words "to abuse" are replaced by the words "to abuse or abuse";
10° In the last paragraph of Article 435-7, the words: "for the accomplishment or forbearance of one" are replaced by the words: "to accomplish or have accomplished, to abstain or to refrain from performing one";
11° In section 435-8, the words: "to abuse" are replaced by the words: "to abuse or abuse";
12° Section 435-9 is amended as follows:
(a) In the seventh paragraph, the words: "to obtain the fulfillment or forbearance of one" are replaced by the words: "that this person perform or abstain from performing, or because he has accomplished or refrained from performing one";
(b) In the last paragraph, the words: "for the performance or forbearance of an act of" are replaced by the words: "to accomplish or have accomplished, to abstain or to refrain from performing an act of its function or facilitated by";
13° Section 435-10 is amended as follows:
(a) In the first paragraph, the words: "so that it abuses" are replaced by the words: "so that it abuses or because it abuses";
(b) In the second paragraph, the words "to abuse" are replaced by the words "to abuse or abuse";
14° Section 445-1 is amended as follows:
(a) In the first paragraph, the words: "in order to obtain that it does or abstains from accomplishing" are replaced by the words: "for it to accomplish or abstain from accomplishing, or because it has accomplished or has refrained from accomplishing";
(b) In the second paragraph, the words: "in order to accomplish or abstain" are replaced by the words: "to accomplish or have accomplished, to abstain or to abstain";
15° In section 445-2, the words "in order to accomplish or abstain" are replaced by the words "in order to accomplish or have accomplished, to abstain or to abstain."
I. ― Article 434-40 of the same code is as follows:
"Art. 434-40. - In the event that, as a penalty, a ban on the exercise of a professional or social activity or a public service provided for in the first paragraph of section 131-27 and sections 131-28 and 131-29, any violation of this prohibition shall be punished by two years imprisonment and 30,000 € fine. »
II. ― After section 434-40 of the same code, an article 434-40-1 is inserted as follows:
"Art. 434-40-1. - When imposed, as a penalty, the prohibition of the exercise of a commercial or industrial profession, to direct, administer, manage or control in any way, directly or indirectly, on behalf of the person or on behalf of the person, a commercial or industrial enterprise or a commercial corporation provided for in the second paragraph of section 131-27, any violation of that prohibition shall be punished by two years' imprisonment and 375 000 €. »
The Code of Criminal Procedure is amended as follows:
1° The last paragraph of Article 366 is deleted;
2° In the second paragraph of section 367, the words: "the warrant issued against the accused shall continue to produce its effects or the court shall issue a warrant of deposit against the accused," are replaced by the words: "the arrest of the court of siege shall be the title of detention";
3° In the second paragraph of Article 380-4, the words: "the warrant of deposit" are replaced by the words: "the judgment of the court of siege";
4° In the first paragraph of Article 543, the references: "and 749 to 762" are deleted;
5° Article 604 reads as follows:
"Art. 604.-The Court of Cassation, in any criminal, correctional or police case, may rule on the appeal immediately after the expiry of a period of ten days from the receipt of the file.
"It must rule urgently and by priority and, in any case, before the expiry of a period of three months from the receipt of the file when the appeal is filed against a referral to the court of siege. However, in the cases provided for in section 571, this period is reduced to two months. » ;
6° Article 623 is supplemented by a paragraph to read as follows:
"When the application for review is manifestly inadmissible, the chair of the review board or its delegate may reject it by reasoned order. » ;
7° In the first paragraph of Article 625, the words "in the penultimate" are replaced by the words "in the sixth";
8° In the last paragraph of section 706-31, the reference: "previous paragraph" is replaced by the reference: "Article 706-26";
9° The last sentence of the eighth paragraph of Article 16 is deleted;
10° At the end of the second sentence of the third paragraph of section 113-8, the words: "for a period of twenty days" are replaced by the words: "within one month if a person is detained and three months in the other cases";
11° The second sentence of the last paragraph of Article 185 is as follows:
"This appeal shall be made within ten days of the court's order by declaration to the court office. » ;
12° After article 286, an article 286-1 is inserted as follows:
"Art. 286-1.-Where, as a result of a disjunction of proceedings, an appeal or any other cause, the court of siege is only seized of the dismissal before it of one or more accused, only for a crime related to a crime, it shall rule without the assistance of the jury. » ;
13° The third to final paragraphs of Article 380-1 are deleted;
14° In the first paragraph of Article 695-21, after the words: "in sight" are inserted the words: "in the course of prosecution,"
15° The first sentence of the first paragraph of article 696-26 is as follows:
"In a two-day period from the date of the arrest of the person claimed, the Attorney General shall notify the person, in a language that the person understands, of the documents under which the person was arrested. » ;
16° The first sentence of articles 723-2 and 723-7-1 is supplemented by the words: "and within five working days when the trial court ordered the placement or retention of the convicted person and declared his enforceable decision by provision";
17° The last paragraph of Article 732 is as follows:
"For the duration of parole, the provisions of the decision may be amended under section 712-8. » ;
18° Section 774 is supplemented by a paragraph as follows:
"Newsletter No. 1 may also be issued to the correctional offices to allow directors of the penitentiary services to insert and probation to propose an electronic correction or placement under supervision as a means of execution of an end to imprisonment. »
The same code is amended:
1° 8° bis of Article 706-73 is thus restored:
"8° bis. ― Delit of scam in organized band provided by the last paragraph of Article 313-2 of the Criminal Code ; »
2° In section 706-1-3, the reference: "313-2 (last paragraph)," is deleted.
The Civil Code is thus amended:
1° Section 83 is repealed;
2° In Article 85, the words: ", or in prisons and houses of confinement, or execution to death" are replaced by the words: "or occurred in a penitentiary institution";
3° Article 153 is repealed;
4° The last paragraph of section 2045 is as follows:
"The State's public institutions can only transfer with the express authorization of the Prime Minister. » ;
5° In article 2294, the words "with the exception of judicial restraint" are deleted;
6° The second paragraph of Article 2317 is deleted.
The trade code is thus modified:
1° In the first paragraph of Article L. 242-30, the reference: "L. 242-6" is replaced by the reference: "L. 242-1";
2° In the last paragraph of Article L. 244-1, the references: ", L. 242-26, and L. 242-27" are replaced by the references: ", L. 820-6 and L. 820-7";
3° Section L. 820-4 is amended as follows:
(a) After the word "designation", the end of the 1° is thus written: ". Is punishable by the same penalties for any officer of a person or entity having an auditor not to summon him to any general assembly; »
(b) At 2°, the words: "have to have" are replaced by the word "having";
4° Article L. 820-7 is amended as follows:
(a) After the words: "any person" are inserted the words: "executing the functions of External Auditor";
(b) The words: "in his personal name, or as a partner in an auditors' company" are deleted;
(c) The word "he" is replaced by the word "she".
I. ― The construction and housing code is thus modified:
1° Article L. 152-3 is as follows:
"Art. L. 152-3.-In the event of the continuation of the proceedings notwithstanding the judicial decision or the order by ordering the interruption, the persons referred to in the first paragraph of Article L. 152-4 are liable to imprisonment for three months and a fine of 45,000 €. » ;
2° At the end of Article L. 313-30, the words ", or one of these two sentences only" are deleted;
3° At the end of the second paragraph of Article L. 351-13, the words "or one of these two sentences only" are deleted.
II. ― Article L. 313-7 of the Forest Code is read as follows:
"Art. L. 313-7.-In the event of the continuation of the proceedings notwithstanding the judicial decision or the order by ordering the interruption, the persons referred to in the first two paragraphs of section L. 313-1 shall be liable to a fine of double the amount provided for in that section and a penalty of three months' imprisonment. »
III. ― Article L. 480-3 of the urban planning code is read as follows:
"Art. L. 480-3.-In the event of the continuation of the proceedings notwithstanding the judicial decision or the order by ordering the interruption, the persons referred to in the second paragraph of Article L. 480-4 shall be liable to a fine of 75,000 € and a penalty of three months imprisonment. »
I. ― The Customs Code is amended as follows:
1° The title of chapter IV, section 6, of title II is read as follows: "Presenting titles and identity documents";
2° The title in section 5, paragraph 2, of chapter III, chapter XII, reads as follows: "Modulation of penalties imposed according to the extent and severity of the offence, as well as the personality of its perpetrator, special provisions, recidivism";
3° Article 369 1 reads as follows:
“1. With regard to the extent and severity of the offence committed, as well as to the personality of the perpetrator, the court may:
“(a) Release offenders from the confiscation of means of transport, except in cases where acts of smuggling or assimilation have been committed by concealment in specially designed hiding places or in empty cavities or spaces that are not normally intended for the housing of the goods;
“(b) Release offenders from confiscation of objects used to mask fraud;
"(c) Reducing the amount of money held in lieu of confiscation of the fraudulent goods up to third of the value of these goods;
"(d) Reduce the amount of tax fines up to one third of their minimum amount, subject to the provisions of section 437;
“e) With regard to tax sanctions referred to in c and d of this 1, limiting or suppressing the solidarity of some convicted persons;
“(f) Dispensing the culprit from the criminal penalties provided for in this Code, order that it be suspended from execution, decide that the conviction is not mentioned in Bulletin 2 of the criminal record.
"In the event of a plurality of offenders for the same fraud, the court may, with respect to amounts held in lieu of confiscation and tax fines, limit the extent of solidarity with some of them only. In this case, the court first decides the tax penalties applicable to other offenders and to whom they will be jointly held. » ;
4° Section 382 is amended as follows:
(a) 2 is thus written:
“2. Articles 749 to 762 of the Code of Criminal Procedure are also applicable to convictions of fine and orderly confiscation in value for customs offences and customs offences. » ;
(b) In 4, the words "except by body" are replaced by the words "except by judicial restraint";
5° Article 388 is repealed;
6° In article 407, the words "and compensable by body" are deleted and are added the words: "and may be subject to judicial restraint";
7° Section 414 is amended as follows:
(a) In the first paragraph, the word "maximum" is deleted;
(b) In the last paragraph, the word "maximum" is deleted;
8° Article 432 bis reads as follows:
"Art. 432 bis. - Individuals guilty of the offences provided for in articles 414 and 459 shall be liable to the following additional penalties:
« 1° The prohibition, in accordance with the terms provided by theArticle 131-27 of the Criminal Code, to practise a commercial or industrial profession, to direct, administer, manage or control in any way, directly or indirectly, on its own behalf or on behalf of others, a commercial or industrial enterprise or a commercial corporation;
« 2° The suspension, for a period of not more than three years, or not more than six years in the event of recidivism, of the driver's licence, which may limit this penalty to conduct outside of the professional activity. » ;
9° The last two sentences of 1 of Article 459 are deleted.
II. ∙ The general tax code is amended as follows:
1° At the end of the second sentence of 1 of article 1746, the words "in prison" are replaced by the words "in prison";
2° Article 1750 reads as follows:
"Art. 1750. - Individuals who are guilty of any of the offences relating to direct taxes, value-added tax and other taxes on turnover, registration fees, land advertising tax and stamp fees are liable to the following additional penalties:
« 1° The prohibition, in accordance with the terms provided by theArticle 131-27 of the Criminal Code, to exercise directly or indirectly, on their own behalf or on behalf of others, a liberal, commercial or industrial profession, to direct, administer, manage or control in any way, directly or indirectly, on their own behalf or on behalf of others, a commercial or industrial enterprise or a commercial corporation;
« 2° The suspension, for a period of not more than three years, or not more than six years in the event of recidivism, of the driver's licence, which may limit this penalty to conduct outside of the professional activity. » ;
3° After the word: "authorized", the end of article 1753 bis A is thus written: "Six months' imprisonment and 6,000 €' fine. » ;
4° At the end of the first paragraph of Article 1772, the words: "or one of these two sentences only" are deleted;
5° Section 1775 is amended as follows:
(a) In the first paragraph, the words: "the conviction pronounced under the 1st of Article 1772 shall lead to full right" shall be replaced by the words: "the person convicted under the 1st of Article 1772 shall be liable";
(b) At the end of the second paragraph, the words "or one of these two sentences only" are deleted;
6° Article 1783 B reads as follows:
"Art. 1783 B. - Offences to the provisions of Article 242 ter 3 shall be punished by the penalties provided for in Article 1741. » ;
7° The first sentence of article 1789 is as follows:
"In the event that an offender who has been subject to a tax fine or an increase under sections 1729, 1729 B and 1734 is intentionally committing a new offence under one of these laws, he may be brought before the correctional court, at the request of the competent administration, and punished by a six-month imprisonment. » ;
8° In the first paragraph of Article 1798, the word "sentence" is replaced by the word "sentence";
9° The first paragraph of section 1800 is amended as follows:
(a) After the words: "the offence committed" are inserted the words: "as well as the personality of its author";
(b) The words are added: "and cannot exceed the value of the object of the offence";
10° Section 1813 is amended as follows:
(a) At a, the word "criminal" is deleted;
(b) In b, the words: "the same penalties" are replaced by the words: "the same penalty";
11° Article 1816 reads as follows:
"Art. 1816. - In the event of a conviction of a deposit of beverages for rebellion or violence against agents, the court may, regardless of the other penalties incurred, order the closure of the debit for a period of not more than six months.
"In the event of a violation of the regulations concerning capsules, fingerprints or decals representative of the indirect rights on alcohol, wine and cider, the court may order the closure, final or for a period of not more than one year, of the establishment.
"In the event of a recurrence of offences under section 514 bis, the court may order the permanent closure of the establishment.
"In the event of recidivism of the offences set out in section 505, the court may order the removal of the licence attached to the establishment. » ;
12° Article 1819 reads as follows:
"Art. 1819. - Penalties for offences under sections 1810 to 1818 shall be punished by persons referred to in section 1799. » ;
13° Article 1839 reads as follows:
"Art. 1839. - The false mention of registration or formality merged either in a minute or in an expedition is punished by the penalties for the false by theArticle 441-4 of the Criminal Code.
"The prosecution is initiated by the Public Prosecutor's Office on the denunciation of the officer of the board. »
III. ― Section L. 239 of the Tax Procedures Book is repealed.
Article L. 322-1 of the Code of Entry and Residence of Aliens and the Right of Asylum is as follows:
"Art. L. 322-1.-To exercise in France an employee work activity, foreigners must comply with Articles L. 1261-1, L. 5221-1 to L. 5221-3, L. 5221-5, L. 5221-7, L. 5523-1 to L. 5523-3 and L. 8323-2 of the Labour Code and articles L. 311-13 and L. 311-14 of this code. »
I. ― Article 1825 a A of the general tax code is as follows:
“(a) be sentenced for crime; "
II. – The second paragraph of Article L. 107 and the third paragraph of Article L. 259 of the Code of Military Disability Pensions and War Victims are deleted.
III. ― Article 11 of the Act of 9 December 1905 concerning the separation of churches and the State is repealed.
The road code is thus modified:
1° Article L. 121-3 is supplemented by a paragraph as follows:
"When the vehicle was leased to a third party, the monetary liability provided for in the first paragraph shall be vested in the tenant, subject to the reservation provided for in the first paragraph of Article L. 121-2. » ;
2° Article L. 121-5 is as follows:
"Art. L. 121-5. - The rules relating to the procedure of the lump sum applicable to certain offences under this Code are set out in articles 529-7 to 530-4 of the Code of Criminal Procedure. » ;
3° The title of chapter V of title III of Book II is thus written: "Production after use of substances or plants classified as narcotics".
The Public Health Code is amended to read:
1° Article L. 1534-1 is as follows:
"Art. L. 1534-1. - The following provisions of Book I of this Part are applicable in the southern and antarctic lands of France:
« 1° Articles L. 1126-1 and L. 1126-2;
« 2° Chapter III of title III;
« 3° Articles L. 1115-1 and L. 1115-2. » ;
2° Article L. 1534-7 is as follows:
"Art. L. 1534-7. Chapters II, III and IV of Title VII of Book II of this Part are applicable in the French Southern and Antarctic Lands. » ;
3° Articles L. 1534-2 to L. 1534-5, L. 1534-8 to L. 1534-15 and L. 2431-2 to L. 2431-8 are repealed;
4° In the second paragraph of Article L. 3355-6, after the word "previous", the words are inserted: "or in the event of an establishment closure provided for in Article L. 3355-4";
5° The first paragraph of Article L. 4223-2 is as follows:
"The use of pharmacist's quality, without meeting the conditions required by section L. 4221-1, or the use without right of a diploma, certificate or other legal title required for the exercise of that profession, shall be subject to the penalties provided for inArticle 433-17 of the Criminal Code.
6° Section L. 4223-5 is repealed.
The second sentence of the fifth paragraph of article L. 3421-5 of the same code is as follows:
"The samples taken are kept under the conditions established by an order of the Minister for Health, taken after notice by the Director General of the French Health Products Agency. »
The first paragraph of Article L. 3424-1 and Article L. 3425-1 of the same Code and the 17th of Article 41-2 of the Code of Criminal Procedure are supplemented by a sentence as follows:
"The duration of the measure is not more than 24 months. »
The Public Health Code is amended to read:
1° In Article L. 1312-2, the word "three" is replaced by the word "six" and the amount "3 750 €" is replaced by the amount "7 500 €";
2° The 6th of Article L. 1337-6 is repealed;
3° After Article L. 1337-6, an article L. 1337-7 was reinstated as follows:
"Art. L. 1337-7. - The obstruction of the duties of the agents mentioned in articles L. 1333-17 and L. 1333-18 is punishable by six months imprisonment and 7 500 € fine. »
The last paragraph of Article L. 1254-1 of the Labour Code is as follows:
"The jurisdiction may also impose a prohibition on temporary work contractor activity for a period of two to ten years. Where this measure results in the termination of permanent staff, the staff member shall be entitled, outside the notice allowance and termination allowance, to the allowances provided for in sections L. 1235-2, L. 1235-3 or L. 1235-5. »
I. ― The same code is amended:
1° In Article L. 3221-9, the words: ", inspectors of social laws in agriculture" are deleted;
2° In the title of chapter I, sections 1 and 2 of Book VII, Part IV, the word "representative" is replaced by the word "delegate";
3° Section L. 4741-1 is amended as follows:
(a) In the first paragraph, the words: "the attendant" are replaced by the words: "his delegate";
(b) In the last paragraph, the words: "by the offence(s)" are replaced by the words: "without the number of offences";
4° Section L. 4741-2 is amended as follows:
(a) The word "prescribing" is replaced by the word "delegate";
(b) The words were added: "if this was cited at the hearing";
5° In article L. 4741-7, the word "prescribing" is replaced by the word "delegates";
6° At 4° of Article L. 1521-3, in the first paragraph of Articles L. 4721-1 and L. 4721-2 and in the first sentence of the third paragraph of Article L. 4741-11, the words: "Departmental Director of Labour, Employment and Vocational Training" are replaced by the words: "Regional Director of Business, Competition, Consumption, Work and Employment";
7° In the second paragraph of Article L. 4611-4 and in the second sentence of the second paragraph of Article L. 4613-4, the words: "Regional Director of Labour, Employment and Vocational Training" are replaced by the words: "Regional Director of Business, Competition, Consumption, Work and Employment";
8° Article L. 4723-1 is as follows:
"Art. L. 4723-1. - If the employer intends to challenge the stipulation provided for in section L. 4721-1, the employer shall appeal to the Minister of Labour.
"If the employer intends to challenge the stipulation provided for in section L. 4721-4 and the application for verification under section L. 4722-1, the employer shall appeal to the Regional Director of Business, Competition, Consumer Affairs, Labour and Employment.
"The refusal against these remedies is motivated. » ;
9° In the first paragraph of Article L. 6225-4, the words: "Departmental Director of Labour, Employment and Vocational Training or the Head of Service assimilated" are replaced by the words: "Regional Director of Business, Competition, Consumption, Work and Employment";
10° In the first paragraph of Article L. 6225-5, the words: "Departmental Director of Labour, Employment and Vocational Training or the Head of Service assimilated" are replaced by the words: "Regional Director of Business, Competition, Consumption, Work and Employment";
11° In article L. 6225-6, the words: "Departmental Director of Work, Employment and Vocational Training or the Head of Service assimilated" are replaced by the words: "Regional Director of Business, Competition, Consumption, Work and Employment";
12° In the first paragraph of articles L. 8123-4 and L. 8123-5, the words: "Regional Directorates of Labour, Employment and Vocational Training" are replaced by the words: "Regional Directorates of Business, Competition, Consumption, Work and Employment".
In the first paragraph of section 9 of the Act of 10 August 1922 on the organization of control of expenses incurred, the words ", barely flattened," are deleted.
In the first paragraph of section 48-1 of the Press Freedom Act of 29 July 1881, the words "last paragraph" are replaced by the words "paragraph 8".
I. ― In Article 18 of the Act of 21 April 1832 on the navigation of the Rhine, the words: "public administration regulations" are replaced by the words: "decrees in the Council of State" and the words: "will be punished by the penalties laid down in Articles 464 and 470 of the Criminal Code" are replaced by the words: "are punished by the penalties laid down in the 1st of Article 131-12, to Article 131-13 and 3°, 5° and 10° of Article 131-16 of the Penal Code "
II. ― Section 2 of the Act of April 3, 1942 prohibiting the conclusion of pacts on the settlement of compensation due to victims of accidents is as follows:
“Art. 2. - Any intermediary who is satisfied to have offered the services specified in section 1 shall be liable to a fine of 4,500 €. In addition, the court may order the posting or dissemination of the decision, or a release under the conditions specified in the orderArticle 131-35 of the Criminal Code. »
III. ― first sentence of the first paragraph of Article 4 of Law No. 55-4 of 4 January 1955 concerning legal and judicial announcements, the word "will" is replaced by the word "is".
I. ― After Article 2 of Act No. 82-471 of 7 June 1982 relating to the Assembly of French Foreigners, it is re-established an article 2 bis as follows:
"Art. 2 bis.-L'Article L. 330-4 of the Electoral Code is applicable to elected members of the Assembly of French Foreigners for all consular electoral lists of their electoral district. »
II. ― Before Chapter I of Title II of Order No. 59-260 of 4 February 1959 supplementing Order No. 58-1098 of 15 November 1958 on the election of senators, an article 12 was reinstated as follows:
"Art. 12.-Senators representing the French established outside France may make communication and copy of all consular electoral lists, subject to the conditions set out in theArticle L. 330-4 of the Electoral Code. »
III. ― The first three paragraphs of section 5 of Act No. 82-471 of 7 June 1982 referred to above shall be replaced by a paragraph as follows:
« Les provisions of Article L. 330-6 of the Electoral Code, except those relating to the commission provided for in Article L. 166 of the same code, are applicable to the election of the members of the Assembly of French Foreigners. »
IV. ― In the first paragraph of section 6 of the Act, the reference "5" is replaced by the reference "5 ter".
I. ― Are and remain repealed or deleted:
1° The decree of 22 and 28 July 1791 which regulates the colour of the posters;
2° The Act of September 21, 1793 containing the act of navigation;
3° Articles 13 to 17 of the Act of 21 April 1832 concerning the navigation of the Rhine;
4° The Law of 27 July 1884 on Divorce;
5° The last paragraph of Article 1 of the Decree of 31 January 1900 with the aim of eliminating corporal punishment on board the vessels of the fleet;
6° The Act of 27 January 1902 amending Article 16 of the Press Act of 29 July 1881, with regard to the display on buildings and monuments of artistic character;
7° Article 16 of the Freedom of the Press Act of 29 July 1881;
8° The Act of 20 April 1910 prohibiting display on historical monuments and sites or on natural monuments of artistic character;
9° The law of 4 March 1928 for the suppression of frauds on syrups and blackcurrants;
10° The law of 18 July 1930 for the suppression of the offence of entry to navigation on inland waterways;
11° Section 114 of the Act of 31 May 1933 establishing the general budget for the year 1933;
12° The Act of 29 June 1934 on the protection of dairy products;
13° The Decree-Law of 21 April 1939 to suppress foreign propaganda;
14° Article 98 of the Decree-Law of 29 July 1939 concerning the family and the French birth;
15° The law of 14 February 1942 for the organization and operation of the exchanges of values;
16° The order of 30 June 1943 relating to false declarations of lost baggage in rail transport;
17° TheOrder No. 45-2710 of 2 November 1945 relating to investment companies;
18° TheArticle 2 of Act No. 50-728 of 24 June 1950 repealing the Act of 22 June 1886 concerning the members of the families who reigned in France;
19° La Act No. 51-662 of 24 May 1951 ensuring safety in swimming establishments;
20° The Act of 16 March 1915 on the prohibition of manufacturing, wholesale and retail sale, as well as the circulation of absinth and similar liqueurs;
21° The II of Article 56 of Law No. 57-908 of 7 August 1957 promoting the construction of housing and collective equipment;
22° ♪ Articles 22,23 and 24 of Order No. 59-107 of 7 January 1959 amending the code of measures concerning the flow of drinks and the fight against alcoholism;
23° TheArticle 5 of Act No. 66-1008 of 28 December 1966 relating to financial relations with foreign countries;
24° The 3° of II of articles 11,12 and 13 of Order No. 2009-799 of 24 June 2009 updating and adapting the financial and customs legislation applicable in New Caledonia, French Polynesia, Wallis and Futuna Islands, Saint-Pierre-et-Miquelon and Mayotte;
25° TheArticle 13 of Act No. 77-1453 of 29 December 1977 granting procedural guarantees to taxpayers in tax and customs matters;
26° Les articles 6 and 8 of Act No. 91-32 of 10 January 1991 concerning the fight against smoking and alcoholism;
27° Article 4 of the Craft Code;
28° Articles L. 529-5 and L. 535-3 of the Rural and Maritime Fisheries Code;
29° TheArticle 21 of Act No. 72-965 of 25 October 1972 on the insurance of agricultural workers against occupational accidents and occupational diseases.
II. A. ― The general tax code is amended as follows:
1° In the first sentence of 1° bis of Article 208, the words: "who are constituted and operate under the conditions provided for in Title II of Order No. 45-2710 of 2 November 1945 or" and at 2° of the same article, the words: "and constituted under the conditions set out in Part II of the order of November 2, 1945 referred to above or" are deleted;
2° After the word: "distribuables", the end of Article 208 A is deleted;
3° 3 of section 158 is amended as follows:
(a) At 3°, the reference: "at 1° bis and" is deleted;
(b) At the c of 4°, the reference: "1° bis" is deleted.
B. ― The monetary and financial code is thus amended:
1° In the first paragraph of Article L. 214-18, the words: " dispositions ofOrder No. 45-2710 of 2 November 1945 relative to investment companies as well as » are deleted;
2° Au II de l'article L. 214-49-3, les mots : « de l'articleOrder No. 45-2710 of 2 November 1945 relative to investment companies, those » are deleted;
3° The second paragraph of articles L. 742-6, L. 752-6 and L. 762-6 is deleted.
C. ― The 7th of Article L. 651-2 of the Social Security Code is repealed.
D. ― Act No. 53-148 of 25 February 1953 on various financial provisions affecting savings is repealed.
E. ― The second paragraph of Article 5 of the Corrigendum Financial Act, 1970 (No. 70-1283 of 31 December 1970) was deleted.
F. ― The third paragraph of Article 15 of Law No. 80-834 of 24 October 1980 creating a distribution of shares for employees of industrial and commercial enterprises is deleted.
I. ● Are and remain repealed:
1° Article 81 of the Act of 15 March 1850 on teaching;
2° Article 15 of the Act of 3 July 1913 on Savings Corporations;
3° Section 28 of the Act of 28 March 1928 on the Pilotage Regime in Maritime Waters;
4° TheArticle 6 of Act No. 55-308 of 19 March 1955 relating to the protection of the title of oenologist.
II. ― In article 16 of the order of May 6, 1944 on the suppression of press offences, the words ", which is applicable to Algeria," are deleted.
III. ― The first paragraph of section 9 of Act No. 55-304 of 18 March 1955 on the prohibition of stay is deleted.
IV. ― Act No. 55-385 of 3 April 1955 establishing a state of emergency and declaring the application in Algeria is amended as follows:
1° In the title, the words: "initiating a state of emergency and declaring the application in Algeria" are replaced by the words: "on the state of emergency";
2° In article 1, the words: ", from Algeria" are deleted;
3° In the first paragraph of Article 6, the words "and, in Algeria, the Governor General may" are replaced by the word "may";
4° In the first paragraph of Article 7, the words: "and involving, in Algeria, the parity representation of the two colleges" are deleted;
5° In the first paragraph of Article 8, the words "the Governor General for Algeria" are deleted;
6° Sections 15 and 16 are repealed.
V. ― Section 21 of Act No. 2007-224 of 21 February 2007 on statutory and institutional arrangements relating to overseas is supplemented by an X as follows:
"X. ― In existing legislation and regulations, the provisions relating to the application to Algeria are and remain deleted. »
I. ― In the first paragraph of Article 9 of Act No. 89-1008 of 31 December 1989 on the development of commercial and artisanal enterprises and the improvement of their economic, legal and social environment, the references: "the first and third paragraphs of Article L. 450-1, and Articles L. 450-2," are replaced by the references: "Articles L. 450-1, L. 450-2,".
II. ― last paragraph of section 25 of Act No. 93-122 of 29 January 1993 on the prevention of corruption and transparency of economic life and public procedures is thus drafted:
"The officials designated to theArticle L. 450-1 of the Commercial Code may carry out the necessary investigations for the purposes of this chapter in accordance with the terms set out in sections L. 450-2 to L. 450-4, L. 450-7 and L. 450-8 of the same code. »
III. ― In Article L. 761-8 of the Commercial Code, the references: "the first paragraph of Article L. 450-1 and Articles L. 450-2" are replaced by the references: "Articles L. 450-1, L. 450-2".
IV. ― The last paragraph of Article L. 241-8 of the Construction and Housing Code is as follows:
"These offences may be found and prosecuted under the conditions established by the Articles L. 450-1, L. 450-2, L. 450-3, L. 450-7 and L. 450-8 of the Commercial Code. »
V. ― In section 9 of Act No. 89-421 of 23 June 1989 on consumer information and protection as well as on various business practices, the references: "the first and third paragraphs of Article L. 450-1 and the articles" are replaced by the reference: "Articles L. 450-1,".
VI. ― At last paragraph of Article 19 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, the references: "the first, third and fourth paragraphs of Article L. 450-1 and the articles" are replaced by the reference: "the articles L. 450-1,".
VII. ― In section 7-1 of the Law of May 21, 1836 prohibiting lotteries, the references: "the first and third paragraphs of section L. 450-1 and the articles" are replaced by the reference: "the articles L. 450-1,".
VIII. ― At the penultimate paragraph of Article L. 34-5 of the Post and Electronic Communications Code, the references: "the first, third and fourth paragraphs of Article L. 450-1 and the articles" are replaced by the reference: "the articles L. 450-1,".
IX. ― In Article L. 342-5 of the Code of Social Action and Families, the references: "the II and III of Article L. 450-1 and the articles" are replaced by the reference: "the articles L. 450-1,".
X. ― In Article L. 347-2 of the same code, the references: "the II and III of Article L. 450-1 and the articles" are replaced by the reference: "the articles L. 450-1."
XI. ― In Article L. 313-21 of the same code, the reference: "third paragraph of Article L. 313-1-2" is replaced by the words: "fourth paragraph of Article L. 313-1-2 with respect to the contract and the hospitality booklet" and the references: "II and III of Article L. 450-1 and the articles" are replaced by the reference: "the articles".
I. ― In article L. 463-1 of the trade code, the word "full" is deleted.
II. ― At the end of the first sentence of the third paragraph of Article L. 526-6 of the same code, the words "in his personal heritage" are replaced by the words "in his professional activity".
Article L. 213-5 of the Consumer Code is read as follows:
"Art. L. 213-5.-Sont, in respect of recidivism, considered as a single offence, the offences provided and punished by:
“—articles L. 115-3, L. 115-16, L. 115-18, L. 115-20, L. 115-22, L. 115-24, L. 115-26, L. 115-30, L. 121-6, L. 121-14, L. 213-1 to L. 213-2-1, L. 213-3, L. 213-4, L. 214-1 to L. 214-3 and L. 217-11 to L.
“– Articles L. 716-9 to L. 716-11 of the Intellectual Property Code;
L. 3322-11, L. 3351-1, L. 3351-2, L. 4212-1, L. 4212-2, L. 4212-3, L. 4212-3, L. 4212-4
" — Articles L. 237-1, L. 237-2, L. 237-3, L. 253-17, L. 254-9, L. 255-8, L. 671-9 and L. 671-10 of the Rural and Maritime Fisheries Code;
"—the law of December 30, 1931 to suppress fraud in the trade of terebenthine gasoline and products from resinous plants;
“—the law of June 29, 1934 to ensure the loyalty of the trade in fruits and vegetables and to suppress the sale of hollow fruit;
“—the law of 3 July 1934 regulating the manufacture of pasta;
"—the law of July 2, 1935 for the organization and remediation of milk and resinous products markets;
“—the law of June 25, 1936 concerning the legal definition and protection of leather and the suppression of fraud in the sale of leather and leather-worked products;
“—the law of April 21, 1939 to suppress fraud in the sale of items in scale and ivory;
"—the Act of February 3, 1940 to regulate the trade of products intended for the feeding of animals. »
I. ― The building and housing code is thus modified:
1° Section 4 of chapter I of Book III title I is repealed;
2° In the title of chapter V of Book III title I, the words: "Transitional provisions applicable to savings-construction" are deleted;
3° Section 2 of chapter V of Book III title I is repealed;
4° Article L. 313-13 is supplemented by an IV as follows:
"IV. ∙ The decision to sanction the Minister responsible for housing pursuant to this article is subject to a full jurisdiction appeal to the State Council. » ;
5° The last paragraph of Article L. 522-1 is as follows:
"In the case of other operations, a decree in the Council of State sets out the modalities of financing and, in particular, the distribution of the burden of land operations between the State or its national operators and other public authorities concerned. This decree sets out the proportion of the deficit between the expenses and the revenues resulting from the operation that is covered by the state subsidy. »
II. ― Is and remains repealedArticle 85 of Act No. 47-1465 of 8 August 1947 relating to certain financial provisions.
I. ― In article L. 45 of the electoral code, the words "of the law on the recruitment of the army" are replaced by the words "imposed by the National Service Code "
II. ∙ The national service code is amended as follows:
Chapter I of Book I is supplemented by an article L. 111-3 as re-established:
"Art. L. 111-3. - No one may be held in public office if he does not justify having fulfilled the obligations imposed by this Code. »
I. ― Section L. 224-4 of the Environmental Code is repealed.
II. ― At the last sentence of the second paragraph of Article L. 222-5 of the same code, the references: "L. 224-1, L. 224-2 and L. 224-4" are replaced by the references: "L. 224-1 and L. 224-2".
In the third paragraph of Article L. 541-10-2 of the same code, the words: "until February 13, 2011, and February 13, 2013 for some of these equipment on a list fixed by decree ministers responsible for ecology, economy, industry and consumption" are replaced by the words: "until February 13, 2013".
The Code of Military Justice is amended as follows:
1° At the end of section L. 311-1, the references: "L. 311-2 to L. 311-14" are replaced by the references: "L. 321-1 to L. 324-11";
2° The first paragraph of Article L. 311-11 is as follows:
"When the fine is imposed for a common law offence against soldiers or assimilated persons who are not an officer, the court may decide, by a special provision, to replace the penalty with a maximum of six months' imprisonment for an offence, the convicted person retains the right to pay the fine instead of being imprisoned. » ;
3° In the first sentence of the first paragraph of Article L. 323-19, the words: "without self-defence or others" are deleted;
4° In the first paragraph of Article L. 333-7, after the words: "may be pronounced", the words are inserted: "in the conditions provided by theArticle 131-30 of the Criminal Code "
In the first and second paragraphs of Article 221-6, in the first paragraph and in the first paragraph of Article 221-6-1, in the first and second paragraphs of Article 222-19, in the first paragraph of Article 222-19-1, in Article 222-20, in the first paragraph of Article 222-20-1, in Article 223-1, and in the first and second paragraphs of Article 322-5 of the Criminal Code,
The Code of Criminal Procedure is amended as follows:
1° Article 376 reads as follows:
"Art. 376.-The clerk writes the order; the laws applied are indicated. » ;
2° The last paragraph of section 417 is as follows:
"The assistance of a human rights defender is mandatory when the defendant is suffering from a disability that would compromise his defence. » ;
3° The first paragraph of Article 463 is as follows:
"If there is a need for an additional information, the court shall appoint one of its members by judgment who has the powers provided for in sections 151 to 155. » ;
4° The second paragraph of Article 786 is as follows:
"This period leaves, for those convicted of a fine, on the day the conviction became irrevocable and, for those convicted of a custodial sentence, on the day of their final release or, in accordance with the last paragraph of article 733, on the day of their parole when the latter was not followed by a revocation. »
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-629 DC of 12 May 2011. ]
Title III of Book VII of the Administrative Justice Code is amended as follows:
1° Before L. 731-1, a chapter I division is inserted entitled "General Provisions";
2° It is added a chapter II to read as follows:
“Chapter II
“ Provisions applicable to courts
administrative and administrative appeal courses
"Art. L. 732-1.-In matters enumerated by decree in the Council of State, the president of the formation of judgment may dispense the public rapporteur, on his proposal, to present at the hearing his conclusions on a request, in view of the nature of the matters to be tried. »
I. ― Chapter III of Book I, title III of Part III of the Public Health Code is amended to read:
1° Section L. 3133-1 is amended as follows:
(a) In the second paragraph, the words: ", where the duration of these activities is less than or equal to forty-five days per calendar year, and in the position of detachment to the public institution referred to in Article L. 3135-1 for the period exceeding that period" are replaced by the words: "for the duration of the periods considered";
(b) In the third paragraph, after the word "remunerations", the words "or treatments" are inserted and the words "employee or public servant" are deleted;
2° In the last sentence of Article L. 3133-2, the words: "an avenger between the parties to this contract is established at the time of" are replaced by the words: "the tripartite convention is valid for this contract."
II. ― Fourth paragraph of Article 53 of Law No. 84-16 of 11 January 1984 with statutory provisions relating to the public service of the State, third paragraph of Article 74 of Law No. 84-53 of 26 January 1984 with statutory provisions relating to the territorial public service and Fourth paragraph of Article 63 of Law No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service, the words: "with a duration of less than or equal to forty-five days in a calendar year" are deleted.
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-629 DC of 12 May 2011. ]
The eleventh paragraph of Article L. 311-1 of the Code of Social Action and Families is supplemented by the words "for authorized capacity determined by decree".
The sixth paragraph of Article L. 6146-1 of the Public Health Code is deleted.
Chapter I of title I of Book I of the Social Security Code is supplemented by an article L. 111-12 as follows:
"Art. L. 111-12.-The anticipated purpose of city care expenses takes into account changes of any kind following which health or medical or medical-social institutions, services or activities are placed, for all or part, under a legal regime or funding different from that under which they were previously placed.
"It can be corrected at the end of the year to take into account these developments during the year. »
At 1° of the I of Article L. 553-4 of the same code, the words: "the allowance for young children" are replaced by the words: "the basic allowance and the free choice of activity of the child's reception service," and the words: "and the parental education allowance" are deleted.
The Civil Code is thus amended:
1° In the second paragraph of Article 328, after the words: "is brought", are inserted the words: "by the guardian" and the reference: "of Article 464, paragraph 3" is replaced by the reference: "of the second paragraph of Article 408";
2° In the first sentence of Article 329, the references: "Articles 313 or 314" are replaced by the reference: "Article 313";
3° In the second paragraph of Article 480, the words "the last paragraph" are replaced by the words "the last two paragraphs".
I. ― Article L. 331-1 of the Intellectual Property Code is amended as follows:
1° The first paragraph is as follows:
"Civil actions and requests relating to literary and artistic property, including those relating to a related issue of unfair competition, are exclusively brought before large-scale courts, determined by regulation. » ;
2° The last paragraph is as follows:
"The above provisions do not preclude recourse to arbitration under the conditions provided for in the Articles 2059 and 2060 of the Civil Code.
II. ∙ Article L. 521-3-1 of the same code is as follows:
"Art. L. 521-3-1. - Civil actions and requests relating to drawings and models, including when dealing with a related issue of unfair competition, are exclusively brought before large-scale courts, determined by regulation.
"The above provisions do not preclude recourse to arbitration under the conditions provided for in the Articles 2059 and 2060 of the Civil Code. »
III. ― Article L. 716-3 of the same code is read as follows:
"Art. L. 716-3. - Civil actions and claims relating to trademarks, including those relating to a related issue of unfair competition, are exclusively brought before large-instance courts, determined by regulation. »
IV. ∙ Article L. 722-8 of the same code is as follows:
"Art. L. 722-8. - Civil actions and requests relating to geographical indications, including when they also deal with a related issue of unfair competition, are exclusively brought before large-scale courts, determined by regulation.
"The above provisions do not preclude recourse to arbitration under the conditions provided for in the Articles 2059 and 2060 of the Civil Code. »
V. ― Article L. 615-17 of the Intellectual Property Code is read as follows:
"Art. L. 615-17. - Civil actions and applications relating to invention patents, including those relating to a related issue of unfair competition, are exclusively brought before courts of large instance, determined by regulation, with the exception of appeals against the administrative acts of the Minister for Industrial Property under the administrative jurisdiction.
"The above provisions do not preclude recourse to arbitration under the conditions provided for in the Articles 2059 and 2060 of the Civil Code.
"The Courts of Grand Instance referred to in the first paragraph of this Article shall be solely competent to find that the French patent ceases to produce its effects, in whole or in part, under the conditions laid down in Article L. 614-13 of this Code. »
VI. ― Article L. 623-31 of the same code is as follows:
"Art. L. 623-31. - Civil actions and applications relating to plant varieties, including those relating to a related issue of unfair competition, are exclusively brought before large-instance courts, the number of which cannot be less than ten, with the exception of appeals against ministerial administrative acts, which fall under administrative jurisdiction.
"The Paris Court of Appeal has direct access to appeals against the decisions of the Plant Breeding Committee under this chapter.
"The above provisions do not preclude recourse to arbitration under the conditions provided for in the Articles 2059 and 2060 of the Civil Code. »
I. ― Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make, by order, the amendment of the code of expropriation because of public utility in order to include provisions of a legislative nature that have not been codified, to improve the plan of the code and to give jurisdiction on appeal to the jurisdiction of common law.
The Government can extend the application of the codified provisions to Mayotte, Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia and the Wallis and Futuna Islands, with the necessary modifications.
II. ― The codified provisions are those in force at the time of the issuance of the order on the sole reserve, in addition to the amendments made under I, amendments that would be made necessary to ensure respect for the hierarchy of standards and the editorial coherence of the texts thus collected, to harmonize the rule of law, to remedy any errors and to repeal the provisions, codified or not, that have become irrelevant.
III. ∙ The order is made within twelve months of the publication of this Act. The ratification bill is tabled before Parliament no later than the last day of the third month following the issuance of the order.
I. ― Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to:
1° By order made within six months of the publication of this Act, the provisions of a legislative nature specific to:
(a) Transpose Directive 2008/52/EC of the European Parliament and the Council of 21 May 2008 on certain aspects of civil and commercial mediation;
(b) Extent, if any, except in administrative matters, the provisions made under this paragraph to mediations that are not cross-border in nature;
(c) Harmonize the law in force with the measures taken pursuant to a and b of this 1st;
2° By order made within six months of the publication of the order set out in the same 1°, the specific legislative measures, on the one hand, to make applicable, with the necessary modifications, the provisions of this order in the Wallis and Futuna Islands, New Caledonia and French Polynesia for those that fall within the competence of the State and, on the other hand, to make the necessary modifications
II. ∙ The ratification bill is tabled before Parliament no later than the last day of the sixth month following the issuance of each order.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order the provisions of the law necessary to:
1° Rationalize and modernize the establishment, organization, operation, composition and rules of procedure and jurisdiction of commercial maritime tribunals;
2° Define the concept of maritime offence and specify certain incriminations, with a view to:
∙ harmonize, subject to necessary modifications to promote cooperation between the Public Prosecutor's Office and the deconcentrated departments of the Department of the Sea and those responsible for labour, the procedural rules applicable with respect to the investigation and finding of offences, investigation, investigation and prosecution;
- establish the rules relating to the criminal liability of natural or legal persons exercising in law or in fact control or direction in the management or operation of the vessel, the penalties applicable in the event of obstacles to the controls and additional penalties applicable to certain offences;
3° Repeal obsolete, inappropriate or irrelevant provisions in the areas covered by 1° and 2° because of the evolution of the principles of law or the circumstances under which they were taken;
4° Amend the Act of 17 December 1926 bearing Disciplinary and Criminal Code of the Merchant Navy and the fifth part of the transport code, to:
(a) Clarify criminal incriminations and penalties relating to breaches of the provisions of Books II and V of Part 5 of the Transport Code, taking into account the special conditions in which maritime work is carried out, and ensure, as appropriate, consistency with criminal incriminations and levels of criminal sanctions provided by the Labour code ;
(b) Define criminal incriminations and penalties relating to breaches in the exercise of safety functions on board a vessel;
(c) Specify the list of competent officials to investigate and report offences under Part 5 of the Transport Code, to the Disciplinary and Criminal Code of the Merchant Navy and non-codified provisions relating to maritime transport and navigation as well as to the minimum requirements for shipwork, on board, on board, conditions of employment, work, life and hygiene of seafarers and medical care;
5° Extend with necessary modifications or, as the case may be, adapt the amended provisions to New Caledonia, French Polynesia, Wallis and Futuna Islands, French Southern and Antarctic Lands, Saint-Pierre-et-Miquelon, Saint-Martin and Saint-Barthélemy, in accordance with the competences of these communities;
6° Take all measures of coherence resulting from the implementation of 1° to 5°.
Orders must be made no later than eighteen months after the publication of this Act. Bills to ratify these ordinances must be submitted to Parliament by the last day of the third month following their issuance.
It is applicable in overseas communities governed by Article 74 of the Constitution, New Caledonia and in French Southern and Antarctic Lands Article 171, Article I 175 and Article 176.
Articles 4 and 6 and II of Article 14 are applicable in New Caledonia, French Polynesia and the Wallis and Futuna Islands to State administrations and their public institutions.
Section 54 is applicable in French Polynesia, Wallis and Futuna Islands, French Southern and Antarctic Lands and New Caledonia.
The 2° of Article 141 is applicable to Mayotte.
Articles 20, 27, 46, 50, 60, 61, I and II of Article 62, Articles 64, 66, 72, 85, I and II of Article 87, Articles 142, 146, 147, 148, 149, 150, 151, 152, 154, 155, 156, 157, 158, 159, 159,
The III and IV of section 62 and sections 65 and 196 are applicable in New Caledonia and in the Wallis and Futuna Islands.
Articles 25, 75, 76, 77, 79, 81, 82 and 145 are applicable in French Polynesia.
In the Wallis and Futuna Islands, I of Article 14, III and IV of Article 63, Articles 70, 88, 89, I of Article 139, II of Article 140, 6 of Article 165, Article 167, Article 168 and I of Article 177.
Articles 72, 142, 167 and 2° and 3° of Article 168 are applicable in the Southern and Antarctic Lands of France.
Section 67 I, sections 69 and 171, section 175 I and section 176 are applicable throughout the territory of the Republic.
This law will be enforced as a law of the State.
Done in Paris, May 17, 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
Minister of Defence
and veterans,
Gérard Longuet
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
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 Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
Minister of Higher Education
and research,
Valérie Pécresse
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
Bruno Le Maire
Minister of Culture
and communication,
Frédéric Mitterrand
Minister of Solidarity
and social cohesion,
Roselyne Bachelot-Narquin
The Minister of the City,
Maurice Leroy
The Minister of Sports,
Chantal Jouanno
The Minister to the Prime Minister,
Relations with Parliament,
Patrick Ollier
The Minister to the Minister of Interior,
of the Overseas, territorial authorities
and immigration, in charge of the overseas,
Marie-Luce Penchard
