Key Benefits:
The public concerned: the departmental or interdepartmental committees of marine fisheries and marine livestock, the regional committees of marine fisheries and marine livestock and professional fishermen.
Purpose: Regulatory supervision of the organization and holding of the elections of members of departmental or interdepartmental committees and of regional committees of marine fisheries and marine livestock, representing the crews and employees of marine and marine fisheries companies and the heads of these companies.
Entry into force: immediate.
Notice: pursuant toArticle 88 of Act No. 2010-874 of 27 July 2010 the modernization of agriculture and fisheries, which has amended the rural and marine fisheries code with respect to the professional organization of marine fisheries and marine livestock, this decree amends the Decree No. 92-376 of 1 April 1992 on the following items:
- it draws the consequences of the replacement of local committees of marine fisheries and marine livestock by departmental or interdepartmental committees of marine fisheries and marine livestock;
―it specifies the organization of the elections of the members representing the crews and employees of the marine fishing and animal husbandry companies and the heads of these companies within the departmental or interdepartmental and regional committees of marine fisheries and marine livestock.
References: the text amended by this decree can be consulted, in its drafting resulting from this amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Agriculture, Food, Fisheries, Rurality and Land Management,
Vu le Electoral codeincluding article R. 66-2;
In view of the rural and maritime fishing code, including articles L. 912-5 and L. 912-17;
Considering the transport code, including articles L. 5551-1 and L. 5552-13 to L. 5552-18;
Vu la Act No. 2010-874 of 27 July 2010 modernization of agriculture and fisheries, including Article 88;
Vu le Decree No. 92-376 of 1 April 1992 Amending the terms and conditions for the organization and holding of the electoral consultations provided for in theArticle 4 of Law No. 91-411 of 2 May 1991 ;
Vu le Decree No. 2004-374 of 29 April 2004 amended on the powers of prefects, the organization and action of State services in the regions and departments;
Vu le Decree No. 2009-1484 of 3 December 2009 modified for interdepartmental departmental branches;
Vu le Decree No. 2010-130 of 11 February 2010 modified on the organization and missions of the interregional branches of the sea;
Vu le Decree No. 2011-776 of 28 June 2011 establishing the rules for the organization and operation of the national committee on marine fisheries and marine livestock, as well as regional, departmental or interdepartmental committees on marine fisheries and marine livestock;
Considering the opinion of the National Committee on Maritime Fisheries and Marine Animals of 8 December 2010;
The State Council (section of public works) heard,
Decrete:
Decree No. 92-376 of 1 April 1992 referred to above is amended:
1° The title of the decree is replaced by the following title: "Decree setting out the terms and conditions for the organization and conduct of the electoral operations provided for in Article L. 912-5 of the Rural and Maritime Fisheries Code";
2° The first paragraph of section 1 shall be replaced by the following provisions:
"The purpose of this decree is to define the modalities for the organization and holding of the elections of the members of the councils of the departmental, interdepartmental and regional committees of marine fisheries and livestock, representing:"
3° Section 2 is amended as follows:
(a) In the first paragraph and (a), the word "local" is replaced by the words "departmental or interdepartmental";
(b) The b is replaced by the following:
“b The Departmental Director of the Territories and the Sea of the Committee's headquarters, in the case of a departmental or interdepartmental committee, or the Interregional Director of the Sea or the Director of the Sea of the Committee's headquarters, in the case of a regional committee or their representative";
(c) In c, after the words: "the prefect", the words are added: "from the committee's headquarters department, in the case of a departmental or interdepartmental committee, or the regional chair of the committee, in the case of a regional committee. » ;
(d) The last paragraph is deleted;
4° In Article 3, in the first paragraph of Article 12 and in the second paragraph of Article 16, the words "marine cultures" are replaced by the words "marine aquaculture";
5° Section 4 is amended as follows:
(a) The first paragraph is replaced by the following:
"At least four months before the scheduled date for the elections, the prefect of the committee's headquarters department, in the case of a departmental or interdepartmental committee, or the regional prefect of the headquarters of the regional committee, in the case of a regional committee, shall display in the departments of the departmental direction of the territories and the sea and in the services of the interregional direction of the sea or the direction of the sea, » ;
(b) In the last paragraph, the words "must be sent within twenty days" are replaced by the words: "and requests for correction must be submitted within forty days";
6° Section 5 is amended as follows:
(a) The first paragraph is replaced by the following:
"The list of electors is established and revised by the electoral commission on the occasion of each renewal of the board of departmental, interdepartmental and regional committees, taking into account all available information, including updates and requests for registration and rectification.
The commission shall register the electors whose electoral capacity is known to it, even if they have not requested their registration, and shall proceed with the delisting. It also lists the persons who will be eligible before the final closure of the list. » ;
(b) The last paragraph is deleted;
7° Section 6 is amended as follows:
(a) After the third preambular paragraph, a sub-item reads as follows:
"The application for registration on the electoral list of a departmental or interdepartmental committee is a request for registration on the electoral list of the corresponding regional committee. » ;
(b) In the last paragraph, after the word: "Committees", the words are inserted: ", as well as the employees of these companies who exercise their own activity in the riding of several committees,"
8° After Article 6, an article 6-1 is inserted as follows:
"Art. 6-1.-I. ― For the College of Crews and Employees of Maritime Fishing and Marine Animals, are electors:
(a) Active sailors who have completed at least three months of fishing boarding during the twelve months preceding July 1 of the year prior to the general renewal of the governing bodies of the committees referred to in section 1;
(b) Employees of marine farming companies;
(c) Employees of marine fishing companies on foot.
II.-For the College of Chiefs of Maritime Fisheries and Marine Animals, are electors in their respective categories:
(a) Shipped Maritime Fishing Chiefs, arming one or more vessels with a fishing crew role, having completed at least three months of fishing boarding during the twelve months preceding July 1 of the year prior to the general renewal of the governing bodies of the committees referred to in section 1;
(b) Chiefs of a non-board marine fishing business, arming one or more vessels with a fishing crew role;
(c) Chiefs of marine animal husbandry;
(d) Chiefs of marine fishing business on foot.
III.-For the purposes of this section, heads of business are the heads of a marine fishing or livestock company registered in the trade and corporate register, as well as individuals engaged in their activities on vessels of a length of less than or equal to twelve metres or normally carrying out exits of less than twenty-four hours.
For the purposes of this section, any period of land-based service that may be validated for boarding under sections L. 5552-13 to L. 5552-18 of the Transportation Code, provided that the said period was immediately preceded by a boarding of the fish. » ;
9° In the second paragraph of Article 7, the words: "districts and stations of ocean affairs located in the electoral district of the committee" are replaced by the words: "services of the departmental direction of the territories and the sea and services of the interregional direction of the sea or the direction of the sea";
10° After the first paragraph of Article 8, a paragraph shall be inserted to read:
"When the fifth day is a Saturday, a Sunday or a holiday, this period expires on the next business day. » ;
11° Section 9 is replaced by the following:
"Art. 9.-I. ― are only eligible for election on election day for persons under 65 years of age.
II.-Operating sailors and on-board sea fishing chiefs must, in addition, be registered on the lists of electors and have completed at least six months of boarding on an armed fishing vessel during the twelve months preceding July 1 of the year prior to the general renewal of the governing bodies of the committees referred to in section 1. Any period of land-based service that may be validated for boarding under sections L. 5552-13 to L. 5552-18 of the Transportation Code, provided that this period was immediately preceded by a fishing boarding.
III.-For the crew and employee college of marine fishing and marine animal husbandry companies, may also be registered on the lists of candidates, within 30%:
(a) Mariners who have contributed at least fifteen years to the Mariners' Old Age Insurance Plan provided for in Article L. 5551-1 of the Transportation Code, and professional foot fishermen carrying on their activities as principal and having contributed at least ten years to the social protection scheme of employees of the agricultural professions provided for in Article L. 722-20 of the Rural and Maritime Fisheries Code;
(b) Secretaries-General and presidents of representative trade union organizations whose social purpose is to defend the rights and interests of persons constituting the College and whose statutes are governed by the Labour codeserving or exercising this activity for five years;
IV.-For the College of Chiefs of Maritime Fisheries and Marine Animals, may also be registered on the lists of candidates, within 30%:
(a) Mariners who have contributed at least fifteen years to the Marine Age Insurance Plan provided for in Article L. 5551-1 of the Transportation Code, and professional foot fishermen engaged in their primary activity having contributed at least ten years to the social protection regime of non-salaries of the agricultural professions under a primary activity of marine fishing on a professional foot under Article L. 722-1 of the Rural and Maritime Code;
(b) Social agents of marine fishing and marine animal husbandry companies;
(c) Employees of marine fishing and marine farming companies;
(d) Collaborative spouses;
(e) Secretaries-General and chairpersons of representative trade union organizations whose social purpose is to defend the rights and interests of persons in the category concerned and whose statutes are governed by the Labour code, serving or exercising this activity for five years.
V.-To be registered on the list of candidates mentioned in Article 10, the persons referred to in III and IV shall apply for registration on the list of candidates to the electoral commission. The person making such a request shall:
(a) His name and name;
(b) Its date and place of birth;
(c) His address;
(d) The college, and possibly the category, under which it requests its registration.
This request is accompanied by supporting documentation required for its consideration.
VI.-The eligibility of a candidate is limited to the college to which he or she belongs or under which he or she has applied for registration on the list of candidates mentioned in the V and, in the case of the College of Chiefs of Business, to the category in which the candidate exercises his or her right to vote or, if not, under which he or she has applied for registration on the list of candidates mentioned in the V."
12° Section 10 is amended as follows:
(a) In the first paragraph, after the word "unions", the word "representative" is inserted;
(b) The fourth and fifth paragraphs are replaced by the following:
"However, incomplete lists may be submitted at the departmental or interdepartmental level by the above-mentioned professional or trade union organizations, provided that they have filed complete lists with the electoral commissions or not, within the same college or class, in at least three departmental or interdepartmental committees, divided into at least three regional committees. Incomplete lists may also be presented at the regional level by the same professional or trade union organizations, provided that they have filed complete lists with the electoral commissions or not, within the same college or class, in at least three regional committees.
No one can appear on several lists of candidates, for the same level of election. » ;
(c) In the last paragraph, the words: "or interdepartmental ocean affairs of the committee's seat" are replaced by the words: "the territories and sea of the headquarters of the departmental or interdepartmental committee, by the interregional sea director or the sea director of the headquarters of the regional committee, or by the application for registration on the list of candidates provided for in the V of Article 9. » ;
13° In section 13, the last paragraph shall be replaced by the following provisions:
"The circulars and ballots are transmitted by the electoral commission to electors at least twenty days before the day of the election. In the event of a lack of a list of candidates, the requirement to transmit ballots is replaced by that of the list of eligible persons. » ;
14° Section 15 is amended as follows:
(a) In the first paragraph, the words: "at least" are replaced by the word: "from" and the words: "as provided in the last paragraph of Article 13" are deleted;
(b) The second paragraph is replaced by the following:
"In the event of a correspondence vote, the ballots shall be sent by mail upon receipt of the voting material or deposited by the elector with the electoral commission. They must arrive at the commission or be deposited at the latest before the voting closes. » ;
15° The first paragraph of Article 16 is supplemented by the following provisions:
"The invalidity of ballots is appreciated in terms of the conditions determined by theArticle R. 66-2 of the Electoral Code.
16° In the first paragraph of Article 21, the word "local" is replaced by the words "departmental or interdepartmental";
17° In article 21, a last paragraph was added:
"The elected members remain in office until it has been finally decided on the claims. » ;
18° Sections 22 and 23 are repealed.
For the first elections of members of the board of departmental and interdepartmental committees following the publication of this decree:
1° The representative of the committee participating in the electoral commission pursuant to c of Article 2 of the decree of 1 April 1992 referred to above shall be designated by the prefect of the department of the headquarters of the departmental or interdepartmental committee concerned among the members of the local committee established pursuant to the provisions prior to the Act of 27 July 2010, whose seat is closest to the seat of the departmental or interdepartmental committee concerned by the election;
2° The electoral commission shall establish the list of electors of the departmental or interdepartmental committee and the regional committee, taking into account, inter alia, the lists of electors of the local committees concerned, updates and requests for registration and correction;
3° Display measures planned to articles 4 and 7 of the decree of 1 April 1992 referred to above shall be performed at the headquarters of the local committees concerned.
The Minister of Agriculture, Food, Fisheries, Rural and Land Management is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 28 June 2011.
François Fillon
By the Prime Minister:
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
Bruno Le Maire
