Decree No. 2011-2045 Of 28 December 2011 On Various Provisions Relating To Access To The Road Transport Profession And Access To The Road Transport Market

Original Language Title: Décret n° 2011-2045 du 28 décembre 2011 portant diverses dispositions relatives à l'accès à la profession de transporteur routier et à l'accès au marché du transport routier

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Summary

Editing 85-891 decrees, 99-752, 87-242 and 85-891. Keywords


TRANSPORT, ROAD TRANSPORT
, TRUCKING COMPANY
, ACCESS TO THE PROFESSION
,
INTERNATIONAL TRANSPORT, TRANSPORT
GOODS TRANSPORT
OF PASSENGERS,
ACCESS, MOVER
, INDUSTRIAL VEHICLE
, OWNER OF VEHICLE WITH INDUSTRIAL
dRIVER, ROAD TRANSPORT OF PERSONS
, REGULATED PROFESSION
, || PROFESSIONAL EXPERIENCE |,
QUALIFICATIONS, PROFESSIONAL PRACTICE
JORF No. 0302 of December 30, 2011

page 22902 text n ° 116

Decree No. 2011-2045 of 28 December 2011 on various provisions relating to access to the road transport profession and access to the road transport market
NOR: TRAT1119364D
ELI: https: //www.legifrance.gouv.fr/eli/decret/2011/12/28/TRAT1119364D/jo/texte
AKA: https://www.legifrance.gouv.fr/eli/decret/2011/12/ 28 / 2011-2045 / jo / text


Audiences: road transport companies.
Subject: conditions of access to the road transport profession and access to the international freight and passenger market.
Effective: the text comes into force the day after its publication.
Notice: subject to the decree to permit the implementation of the "road package" on road transport of passengers and goods, comprising three European regulations of 21 October 2009 on access to the profession (Regulation No 1071/2009 ), access to the haulage market (Regulation No 1072/2009) and access to the market of passenger transport (Regulation No 1073/2009). Persons wishing to access the road transport profession must meet four conditions. The first is new: it is the obligation of establishment, which is for the company to have, in the State where it is established, spaces containing documents related to its business and to be made available to enforcement officers. The other three conditions are maintained and strengthened: these are the obligations of professional integrity, financial standing and professional competence. It is the regional prefect to grant to companies that meet these four conditions a license to practice the profession. The Decree provides for the registration of each transport company on a national electronic register, the data will strengthen administrative cooperation between Member States of the Union. Access to the European road transport market is made by the issue, for each company, a Community license and certified copies constituting the administrative titles of control.
References: this decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
Prime Minister
On the report of the Minister for Ecology, Sustainable Development, Transport and Housing,
Considering the agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement);
Considering the agreement between the European Community and the Swiss Confederation of 21 June 1999 on the transport of goods and passengers by rail and road;
Having regard to Regulation (EC) No 2121/98 of 2 October 1998 laying down detailed implementing Regulations (EEC) No 684/92 and (EC) No 12/98 as regards documents for the carriage of passengers by coach and bus;
Having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions for exercising the profession of transport by road and repealing Directive 96/26 / EC;
Having regard to Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international road haulage market;
Having regard to Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international market for coach and bus transport services and amending Regulation (EC) No. 561 / 2006;
Considering the decision of the Commission of 17 December 2009 concerning the minimum requirements for the data to be included in the national electronic register of road transport undertakings;
Given the Commercial Code;
Considering the code of consumption;
Given the environmental code;
Given the penal code;
Considering the code of criminal procedure;
Given the rules of the road;
Considering the tourism code;
Considering the code of transport;
Given the labor code;

Given Law n ° 49-874 of 5 July 1949 on various economic and financial;
Considering Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms;
Considering Law No. 79-587 of 11 July 1979 modified on the reasons for administrative acts and improvement of relations between the administration and the public;
Considering Law No. 2000-321 of 12 April 2000 as amended, concerning the rights of citizens in their relations with administrations;
Considering Decree No. 49-1473 of 14 November 1949 on the coordination and harmonization of rail and road transport;
Considering Decree No. 79-222 of 6 March 1979 on the arrangements applicable to international road passenger transport;
Considering Decree No. 84-139 of 24 February 1984 amended relating to the National Transportation Council, the Regional Committees on Transportation and the regional commissions for administrative sanctions;
Considering Decree No. 85-891 of 16 August 1985 as amended relating to urban transport of persons and non-urban transport of persons;
Considering Decree No. 86-1130 of 17 October 1986 as amended relating to the obligations and penalties in the field of Community social legislation relating to road transport and the European Agreement concerning the Work of Crews of Vehicles Engaged in International Transport road (ERTA) of 1 July 1970;
Considering Decree No. 87-242 of 7 April 1987 concerning the definition and conditions for implementing private service non-urban passenger transport by road;
Considering Decree No. 99-752 of 30 August 1999 as amended relating to road freight transport;
Having regard to Decree No. 2007-1340 of 11 September 2007 as amended relating to the initial qualification and periodic training of drivers of certain vehicles for the road transport of goods or passengers;
Considering Decree No. 2010-389 of 19 April 2010 relating to cabotage in road and river transport;
Considering Decree No. 2010-855 of 23 July 2010 on the obligations and penalties in the Community Field Work of Crews of Vehicles Engaged in road transport;
Considering the opinion of the local finance committee (Advisory Committee evaluation standards) dated 8 September 2011;
Considering referral to the General Council of Guadeloupe dated 8 August 2011;
Considering referral to the Regional Council of Guadeloupe dated 8 August 2011;
Considering referral to the General Council of Martinique of 8 August 2011;
Considering referral to the Regional Council of Martinique dated 8 August 2011;
Considering referral to the General Council of Guyana dated 8 August 2011;
Considering referral to the Regional Council of Guyana dated 8 August 2011;
After consulting the General Council of Reunion dated 5 October 2011;
Considering referral to the Regional Council of Reunion Island on 9 August 2011;
After consulting the General Council of Mayotte on 29 September 2011;
The Council of State (Public Works Section) course
Decrees:


TITLE I EXERCISE OF THE PROFESSION OF CARRIER ROAD, DE MOVER AND OWNER OF INDUSTRIAL VEHICLES WITH DRIVER
Chapter I: Road transport people
Article 1
More about this article ...

The decree of August 16th, 1985 aforementioned is amended as follows:
I. - After Article 1 is inserted a first-section 1 reads:
"Art. 1-1-Companies established in France which have a public transport activity of individuals must be enrolled in a registry maintained by the regional prefect. "
II. - After Title I is a first-inserted section 2 reads:
"Art. 1-2.-For the purposes of this Order, the term "public road transport company of people" applies to any person, any legal person or nonprofit organization, association or group of persons without legal personality, whether or not for profit, and any organization under public authority, whether having legal personality or being dependent upon an authority having such personality, engaged or wishing to, principal or accessory, road passenger transport by motor vehicles, including motor vehicles whose maximum authorized speed not exceeding 40 km / h, with a minimum capacity of four occupants including the driver, offered to public or for specific categories of users against payment by the person transported or by the transport organizer "
III - Articles 2 to 4 are replaced by the following..:

"Art. 2.-I. - The company who wishes to exercise the public road transport profession people form an application to that effect with the Prefect of the region where it has or wishes to have its headquarters or, for a company not headquartered in France, its main establishment. The latter has a period not exceeding three months, may be extended a month in the event that the dossier submitted in support of the application is incomplete, to rule on that request.
"II. - The regional prefect issued the company a license to practice the profession when he meets the establishment requirements, professional repute, financial standing and professional competence under sections 5-1 to 7, subject the provisions of Article 5.
"Art. 3.-I. - Companies established in France and authorized under Article 2 to exert a public road transport activity of persons are entered in national electronic register of road transport undertakings.
"II. - Companies domiciled in France are included in the register by the Prefect of the region where they are headquartered.
"Companies not domiciled in France are included in the register by the Prefect of the region where their principal place of business. This also refers to the register the address of the company headquarters.
"In cases under the two preceding paragraphs, the secondary schools of businesses located within the national territory are mentioned in the register by the Prefect of the region where the company is registered and, respectively, for each of the prefects of the regions where these facilities are located.
"III. - For the purposes of Articles 16 to 18 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions for exercising the profession of transport by road and repealing Directive 96/26 / EC, the entry in the register is carried on electronic media in accordance with law No. 78-17 of 6 January 1978 on computers, files and freedoms.
"Art. 4. In the case of cooperatives of public road transport companies of persons, member companies are authorized under Article 2 and are registered in the national electronic register of road transport undertakings. The cooperative is also the registration and contains the list of member companies. "
IV. - Article 5 is amended as follows:
paragraphs 1,2 and 3 are repealed.
Paragraphs 4 and 5 are replaced by the following:
"4. Are exempted from the requirements of professional and financial capacity:
" a) Individuals and associations mentioned in article L. 3111 -12 code of transport when using a single vehicle not exceeding nine seats including the driver;
"B) Companies engaged in public road transport business people, regular or on demand in accordance with Articles L. 1221-3 and L. 1221-4 of the Transport Code, an accessory main occupation other than road public transport people and have one vehicle not exceeding nine seats including the driver, to commercial use;
"C) Companies that only use vehicles other than buses and coaches, intended for tourism and recreation purposes, as provided by the Decree of the Minister for Transport mentioned in article R. 233-1 of the tourism code and circuits that perform instead, these circuits are defined as transport services which each site is sold separately and bring the persons transported to their point of departure, or occasional services provided in Article 32;
"D) The boards of local authorities providing transport for non-commercial purposes and with two vehicles at the most;
"5. Also exempted from the requirements of professional and financial capacities taxi companies when carrying out a public road transport activity of people using a single vehicle. The vehicle used is a vehicle not exceeding nine seats, including the driver, or taxi vehicle.

"When the condition of professional integrity is evidenced by the production of the business card of the person's taxi driver that ensures permanent and effective management of the company's transport business, the entry in the register national electronic road transport enterprises is by right, at their request, to these companies.
"6. companies engaged in public road transport activity accessory persons of a main occupation other than road public transport people and have one vehicle to commercial use, included in the register before the date entry into force of Decree No 2011-2045 of 28 December 2011 on various provisions relating to access to the road transport profession and access to the road transport market have benefited for the listing of the exemption from capacity financial and professional and which are not part of those mentioned in b 4, retain the benefit of their entry in the register provided that:
"a) the company has regularized before 4 December 2014 the situation under the requirement of financial capacity provided for in Article 6-1;
"B) The person mentioned in the register that provides effective and continuous management of the company's transport business warrants before December 4, 2014 that it holds the certificate of professional competence in road transport people or the certificate of professional competence in road transport of passengers with vehicles not exceeding nine seats, including the driver, provided for the I and VII of Article 7.
"A failure to meet these obligations, these companies can be an exercise measure prohibiting the public road transport business people.
"Those whose internal transport license under section 9 expires before 4 December 2014 and which do not, at the expiration of their licenses, regularized their status against the requirements of professional and financial capabilities are issued a new license ceases to be valid at the latest on 4 December 2014.
"taxis in the register of companies before the effective date of Decree No. 2011-2045 December 28, 2011 containing various provisions relating to access to the road transport profession and access to the road transport market have benefited for the listing of the exemption from financial and professional capacities retain the benefit of their entry in the register up 'on the maturity of their domestic transport license date. They can in this context exercise the activity under 5. "V
. - It is added after Article 5, a section 5-1 states:
"Art. 5-1.-I. - Constitute the establishment of the company at its headquarters or, for a company not having its headquarters in France, those of its principal establishment, and those mentioned in II and III.
"II. - Establishing requirement is satisfied by the respect in France of all of the following conditions:
"1 In the premises of the company's headquarters or, for a company not having its headquarters in France in those of its principal establishment are kept, subject to the provisions of III, the documents mentioned in point a of Article 5 of Regulation (EC) No 1071/2009 cited as the original of the mentioned transport license in Article 9 of this Decree, the agreements, where appropriate, with authorities organizing public transport services of persons and any other documents relating to the company's transport business;
"2. The company has one or more registered vehicles, those vehicles are wholly owned or, for example, under a hire purchase agreement or a lease or leasing;
"3. The company effectively and continuously manages the vehicle on said activities through the necessary administrative facilities and the appropriate technical equipment.
"III. - When all or part of the documents referred to in 1 of II are kept in separate quarters from his seat or, for a company not having its headquarters in France, its main establishment, the company says the prefect of the region in which its seat or is located, for a company not having its headquarters in France, its principal office address of the premises where those documents are made available.

"IV. - The premises of the company's headquarters or, for a company not having its headquarters in France, those of its principal establishment and the premises housing its administrative facilities and those of its technical installations are located within the national territory and their An address is listed in the national electronic register of road transport undertakings.
"V. - For companies using only a vehicle not exceeding nine seats including the driver, the technical facilities referred to in 3 of II are not required. "
VI. - Articles 6 to 11 are replaced by the following:
"Art. 6.-I. - It must be satisfied the requirement of professional integrity by each of the following:
"1 The company, legal person;
"2. The following natural persons:
" a) The trader, individual entrepreneur;
"B) The partners and managers of corporate companies;
"C) The managers of limited liability companies;
"D) The general partners and managers of limited partnerships;
"E) The chairman of the board, executive board members and CEOs of public companies;
"F) The President and the leaders of close corporations;
"G) The chairman of the board and the director of transportation authorities;
"H) The president and the secretary of associations engaged in public road transport activity of people;
"I) The individual referred to has 4 of section 5;
"J) The individual having a business pursuant to Article L. 123-1-1 of the Commercial Code;
"3. The company's transport manager or the board referred to in Article 8.
" II. - The persons mentioned in I can lose the professional reputation when they have been:
"1 ° Or several convictions mentioned in Bulletin No. 2 criminal record pronouncing a ban from engaging in business or profession industrial;
"2 ° or more convictions mentioned in Notice No. 2 of the criminal record for one of the following offenses:
" a) offenses mentioned in articles 221-6-1,222-19-1,222-20-1,222 -34 to 222-42,223-1,225-4-1 to 225-4-7,314-1 to 314-4,314-7,321-6 to 321-12 and 521-1 of the criminal code;
"B) offenses specified in Articles L. 654-4 to L. 654-15 of the Commercial Code;
"C) offenses specified in Articles L. 5224-1 to L. 5224-4, L. 8114-1, L. 8224-1 to L. 8224-6, L. 8234-1 and L. 8234- 2, L. 8243-1 and L. 8243-2, L. 8256-1 to L. 8256-8 of the Labour code;
"D) offenses specified in Articles L. 221-2, L. 223-5, L. 224-16 to L. 224-18, L. 231-1, L. 233-1, L. 233- 2, L. 234-1, L. 234-8, L. 235-1, L. 235-3, L. L. 317-1 to 317-4, L. 325-3-1, L. 412- 1 and L. 413-1 of the Highway code;
E) "offenses referred to in Articles L. 1252-5 to L. 1252-7, L. 3242-2 to L. 3242-5, L. 3315-4 to L. 3315-6, L. 3452- 6, L. 3452-7, L. 3452-9 and L. 3452-10 of the code of transport;
"F) An offense referred to in 5 ° of I of Article L. 541-46 of the Environment Code;
"3. Either of several fines for contraventions referred to:
" - Article R. 323-1 of the Highway Code;
"- Articles R. 312-2 to R. 312-4 of the Highway Code when the offenses correspond to a maximum mass exceeding permissible laden of 20% or more for vehicles the permissible laden weight is greater than 12 tons and 25% or more for vehicles the permissible laden weight of less than 12 tonnes;
"- Articles 22 and 23 of Decree No. 2007-1340 of 11 September 2007 amended relating to the initial qualification and periodic training of drivers of certain vehicles for the road transport of goods or passengers;
"- Article 3, paragraph III of Decree No. 86-1130 of 17 October 1986 as amended relating to the obligations and penalties in the field of Community social legislation relating to road transport and of the agreement European Agreement concerning the work of crews of vehicles engaged in International road transport (ERTA) of 1 July 1970.
"III. - The natural persons mentioned in I wishing to start a transport business, running a transport business or become a transport manager does not satisfy the requirement of good repute when they have been mentioned in several convictions II.

"IV. - The natural persons mentioned in I who run a transport company or transport managers are in a company registered in the national electronic register of road transport undertakings will not satisfy the requirement of good repute with regard to the exercise of profession when they are the subject of a reasoned decision of the regional prefect who pronounced the loss of the good repute in view of convictions for offenses referred to in II.
"V. - The regional prefect is, at its request, informed of the convictions mentioned in II through the update 2 criminal record.
"VI. - Individuals cited in I do not reside in France or resident in France for less than five years prove that they meet in their state of residence or in the State of the preceding habitual residence, provided professional integrity defined by that State for access to the profession of transport by road, as provided in Article 19 of Regulation (EC) No 1071/2009 mentioned above. This provision applies where the State of residence is party to the Agreement on the European Economic Area.
"VII. - When the regional prefect is informed of a criminal conviction or a sanction imposed in one or more Member States of the European Union other than France against a transmission or a business manager due to one or more offenses mentioned in the list in Annex IV to Regulation (EC) No 1071/2009 or cited in the list of other serious infringements of Community rules established by the European Commission under Article 6, paragraph 2, point b of the regulation, it involves the administrative procedure in VIII and point a of paragraph 2 of Article 6 of the Regulation.
"VIII. - For the purposes of IV and VII, the regional prefect appreciate the proportionality or otherwise of the loss of good repute in terms of the impact on the exercise of the profession after consulting the regional commission mentioned administrative sanctions with Article L. 3452-3 of the transport code.
"The regional prefect shall notify the person concerned of the charges against him and the punishment it incurs. The person referred to is set to present its oral or written comments within fifteen days. She has access to the file and may be assisted by counsel or represented by an attorney of his choice.
"After this procedure, the regional prefect may pronounce the loss of professional reputation.
"This decision sets the duration of loss of repute, not exceeding two years if the person has been convicted of offenses or the expected duration to 133-12 and following of the Penal Code and 782 ff the code of criminal procedure he has been sentenced for crimes.
"If the regional prefect concluded that the loss of good repute would constitute a disproportionate response, it may decide that the good repute is not questioned. In this case, the reasons behind this decision are entered in the national electronic register of road transport undertakings.
"Art. 6-1.-I. - It meets the requirement of financial capacity referred to in Section II of Article 2 when the company shows, in accordance with Article V of this, it has each year capital and reserves of an amount at least equal EUR 1 500 for each vehicle not exceeding nine seats including the driver, and, for vehicles exceeding that limit 9000 euro for the first vehicle and 5 000 for each of the following vehicles.
"II. - For public road transport companies to persons established in Guadeloupe, Guyana, Martinique, Reunion and Mayotte and that declare limit their activity to only community in which they are established, and subject to the provisions of Articles 5 and 6 of Decree No 2011-2045 of 28 December 2011 on various provisions relating to access to the road transport profession and access to the road transport market, the amount taken into account for the calculation of financial capacity payable is fixed at EUR 1 000 per vehicle not exceeding nine seats including the driver.
"III. - In the absence of sufficient capital and reserves, the company can provide guarantees granted by one or more financial institutions providing a guarantee for the undertaking in the amounts determined in I and II. These guarantees may not exceed half of the required financial capacity.

"The guarantee is implemented by liquidator appointed in case of liquidation for the benefit of all creditors in proportion to their claims.
"IV. - In determining the amount of the required financial resources are taken into account all vehicles used by the company to the public road passenger transport.
"V. - In order to demonstrate its financial capacity, the company shall, at his initial request for authorization to practice the profession of public road transport of persons, documents certified by an accountant, a commissioner auditor or an authorized management center has warranting capital and reserves in the amount of the required financial capacity.
"It then submits each year to the territorial department of the State to which it belongs, in the six months following the end of the financial year, the corresponding tax return certified by an accountant, an auditor accounts or an authorized management center.
"A transmission fault of the tax return on time in the previous paragraph and after a formal notice remained without effect for three months, the regional prefect may issue a decision to suspend the authorization of exercise the road transport profession.
"Art. 7.-I. - It meets the requirement of professional competence referred to in Section II of Article 2 where the transport manager mentioned in section 8 holds a certificate of professional competence in road passenger transport.
"II. - The certificate of professional competence in road passenger transport is issued by the regional prefect to people who have undergone compulsory written examination on the subjects and the provisions contained in Annex I to Regulation (EC) No 1071/2009 mentioned above.
"III. - The certificate of professional competence in road passenger transport can also be assigned by the regional prefect to persons holding a national diploma or certified by the state, a university degree, certificate or studies professional title issued in France by the higher education institutions or authorized agencies, which involve the knowledge of all the subjects listed in Annex I of Regulation (EC) No 1071/2009 mentioned above. The list of these diplomas and certificates is fixed by joint order of the ministers responsible for transport, respectively, higher education and labor.
'Notwithstanding the preceding paragraph, the holders of a diploma, a certificate of study or a document issued before the effective date of Decree No. 2011-2045 of 28 December 2011 containing various provisions relating to access to the road transport profession and access to the road transport market and that opened right before the entry into force of Regulation (EC) No 1071/2009 supra, at the award by direct equivalence of the certificate of professional competence can assert this right until 31 December 2012.
"Notwithstanding the first paragraph of III, those incurred before the effective date Decree No. 2011-2045 of 28 December 2011 on various provisions relating to access to the road transport profession and access to the road transport market in a training leading to a diploma, certificate or studies title issued between that date and July 1, 2014, which entitled him to direct award of the certificate of professional competence before the entry into force of Regulation (EC) No 1071/2009 aforementioned may assert this right up 3 December 2014.
"IV. - The certificate of professional competence in road passenger transport can also be assigned by the regional prefect to those who provide proof that they have continuously managed a road public transport company of people in one or more States belonging to EU during the ten years prior to December 4, 2009.
"V. - road public transport companies of persons established in Guadeloupe, Guyana, Martinique, Reunion and Mayotte to declare that limit their activity the only community in which they are established are deemed to satisfy the requirement of professional capacity when their transport manager mentioned in section 8 holds a certificate of professional competence in road transport adapted people.

"VI. - The certificates of professional competence in conformity with the model certificate in Annex III of Regulation (EC) No 1071/2009 supra, granted by the competent authorities of other Member States of the EU are recognized as sufficient proof professional capacity.
"VII. - For companies exclusively using vehicles not exceeding nine seats including the driver, it meets the requirement of professional capacity when the transport manager mentioned in section 8 holds a certificate of professional competence in transportation road of people with vehicles not exceeding nine seats, including the driver.
"The certificate of professional competence in road transport of passengers with vehicles not exceeding nine seats, including the driver, is assigned by the regional prefect for people who have undergone training attested by a compulsory written examination on a knowledge repository defined by the Minister for transport.
"The person managing a company mentioned in the first paragraph 6 of Article 5 seeking the certificate is exempt from the training mentioned in the preceding paragraph.
"The certificate of professional competence in road transport of passengers with vehicles not exceeding nine seats, including the driver, can also be assigned by the regional prefect to persons holding a national diploma or certified by the state or a professional title issued in France by academy rectors or authorized agencies, which involve the knowledge of all the matters listed in the knowledge repository and subject, where applicable, the passage of the written examination under the second paragraph. A joint order of the ministers responsible for transport, respectively, of Education and Labour establishes the list of these diplomas and titles and those that require passing the written test mentioned above.
"The certificate of professional competence in road transport of passengers with vehicles not exceeding nine seats, including the driver, can also be assigned by the regional prefect to those who provide proof that they have managed main road and a continuous public transport company of people for two years provided they have not ceased this activity for over ten years.
"VIII. - The natural persons holding a certificate of professional competence in road transport of persons or a certificate of professional competence in road transport of passengers with vehicles not exceeding nine seats, including the driver, who did not managed a public transport company of people in the past five years, may be subjected by the regional prefect to be trained in a center authorized by it, to refresh their knowledge before being designated transport managers.
"IX. - The certificates of professional competence issued before December 4, 2011, as proof of professional competence under national laws or regulations in force until that date shall be deemed equivalent to certificates of which is given in Annex III of Regulation (EC) No 1071/2009 mentioned above and are accepted as proof of professional competence regardless of the member states of the European Union which they emanate.
"Art. 8.-I. - The company that operates or wishes to exercise the public road transport profession of people means a natural person, the transport manager, residing in the European Union, which meets the professional repute and capacity requirements mentioned in Articles 6 and 7 and who effectively and continuously its transport activities.
"The tasks entrusted to the transport manager include the management and maintenance of vehicles assigned to the transport company activity, verification of contracts and transport documents, basic accounting, assignment of loads or services to drivers and vehicles, and the verification of safety procedures.
"II. - The transport manager justifies a real link with the company including being employee, director or owner of this business, or the leader, or, if the undertaking is a natural person, being that person.

"In the case of a group of public road transport companies of persons, an individual employee or officer of a company of the group, may be appointed transport manager of one or more group companies.
"III. - Out where groups of road public transport companies of persons, the company that does not have within it a transport manager may designate a natural person authorized by that contract to perform tasks on its behalf transport manager. This contract specifies the responsibilities that person assumes in this respect, in the interest of the co-contracting company and independence with respect to any entity for which the undertaking carries out transport.
"This person can direct a maximum transport activities:
" - either two road public transport companies of persons;
"- Is a public road transport company of people and a company of public road transport of goods, relocation or industrial vehicle rental with driver since it also has the certificate of capacity work related to public road freight transport.
"In either case, the cumulative number of motor vehicles of both companies is limited to twenty.
"For the purposes of this paragraph, companies considered are those established in all Member States of the European Union.
"IV. - A person who has been designated transport manager pursuant to the provisions of II can not be simultaneously designated transport manager under the provisions of III.
"V - The decision of the prefect of region VIII mentioned in Article 6, when a transport manager is also prevails declaration of unfitness of it to manage any business transport activities road public transport.
"The declaration of incapacity takes effect as long as the transport manager has not been discharged under the conditions provided in Article VIII of the 6.
" Art. 9. The entry in the register gives rise to the issue by the regional prefect of the following licenses:
"a) Community license where the company uses one or more buses or coaches, provided, first , not to be recorded in the register pursuant to Article 5 and secondly, for the enterprise established in Guadeloupe, Guyana, Martinique, Reunion and Mayotte, not having declared limit its activity the only community overseas where it is established;
"B) internal transport license if the company uses a vehicle or vehicles other than buses or coaches, or when it is recorded in the Register pursuant to Article 5, or when it says limit its activity to the only community overseas where it is established.
"The Community license or internal transport, in the name of the company, it is issued for a maximum of ten years and renewable and can be no transfer to third parties. She is accompanied by certified copies numbered whose number corresponds to that of vehicles referred to in IV of Article 6-1.
"The original license is kept in the establishment of the company mentioned in section 5-1. It must be returned to the regional prefect, and all its certified copies at the end of the license validity period or when the authorization to practice was suspended or withdrawn.
"Art. 10. Companies that have a license to practice public road transport profession of persons notify the regional prefect, within twenty-eight days of any changes alter their situation regarding the mentioned data under a to d of section 16, paragraph 2 of Regulation (EC) No 1071/2009 mentioned above.
"Art. 10-1.-Where for any reason whatsoever, the company continues its road public transport activity of people that disappears or her institution as defined in Section I of Article 5-1, or when it has more for at least one year of certified copies of valid Community license or certified copies of valid internal transport license, the regional prefect withdraw the authorization to exercise the public road transport profession and the people shall remove from national electronic register of road transport undertakings.

"Art. 11.-I. - When a company no longer meets one of the requirements for access to the public road transport profession of people or when it provided inaccurate information regarding these requirements, the regional prefect notify the head of the company that demands that his company no longer meets as well as measures that could be taken against him and after having informed the opportunity to submit written or oral comments, if necessary assisted by counsel or represented by an agent of his choice, puts it on notice to rectify the situation within the following deadlines:
"1. a maximum period of nine months in case of physical disability or death of the transport manager;
"2. A maximum period of six months in case of loss of good repute of the transport manager or the head of the company or where the transport manager no longer rely on her professional capacity as a result of declaration of incapacity;
"3. A maximum period of six months to rectify the situation with regard to the requirement of establishment;
"4. A maximum period of six months so that it shows that it will be able to meet the new requirement of financial standing permanently in a reasonable period fixed by order of the Minister of Transport, given the situation of the company.
"II. - When the head of the company has not complied with the notice after one or other of the periods mentioned in 1 °, 2 ° or 3 ° of I, the regional prefect may suspend, for a maximum period of six months the authorization to practice the profession of public road transport of persons.
"When the head of the company can demonstrate, after the period during which his license was suspended, the company has rectified the situation regarding the requirements or events mentioned in 1, 2 or 3 of the I, the regional prefect may withdraw the authorization to practice the profession.
"III. - When the head of the company has not complied with the notice at the end of the period provided in 4 of the I, the regional prefect may:
"1. When the head of the company provides no evidence, withdraw the authorization to pursue the public road transport profession of persons;
"2. When the manager of the company provides information on the evolution of the financial situation of the company with regard to the requirement of financial standing, adjust the number of certified copies of the license held by the company or withdraw the authorization to pursue the public road transport profession people whether the items supplied are not likely to allow the company to meet the requirement of financial capacity.
"IV. - The decision to suspend the authorization to pursue the public road transport profession people means the temporary withdrawal of the Community license or of the domestic transport license mentioned in Article 9 and the certified true copies corresponding compliance.
"A failure to return the company to its transportation in the period of fifteen days from receipt of the decision to suspend the regional prefect withdraws the authorization to practice the profession of transport road public people and writes off the national electronic register of road transport undertakings.
"When permission to practice given to the company was suspended and that it again complies with the requirements of sections 5-1 to 7, the regional prefect reports the decision of suspension licensure of public road transport profession and restores people to the business license and a number of certified copies of licenses for the amount of its financial capacity.
"V. - The decision to withdraw the authorization to pursue the public road transport profession people means the cancellation of the company's national electronic register of road transport undertakings and the withdrawal of the license Community or domestic transport license mentioned in Article 9 and the certified true copies corresponding compliance. "
VII. - After Article 11 inserted Article 11-1 as follows:
"Art. 11-1.-I. - The orders of the Minister for Transport set out the rules for applying the articles and 2,3,5,5-1,6,7,8,9
11. "II. - A joint order of the ministers of transport and the economy sets the rules for the application of Article 6-1. "

VIII. - Article 32 is replaced by the following:
"Art. 32. Occasional services-road public passenger transport services are not meeting the definition of regular services and the main characteristic of carry groups constituted on the initiative of a customer or the carrier itself.
"They can only be performed by companies registered in the register mentioned in Article 3."
IX. - Article 44-1 is replaced by the following:
"Art. 44-1.-I. - The Prefect of the region where the company has its headquarters or, for a company not having its headquarters in France, its main establishment is informed of the offenses committed by it or by its officers or employees:
"1 in France, for the receipt of the copy of the elements of a finding of breach of carriage regulations, working conditions and safety;
"2. Outside France, according to the procedure laid down in Article 20 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international market transport services by coach and bus and amending Regulation (EC) No 561/2006.
"II. - In view of these elements, the regional prefect may address a warning to the manager of the company in the following cases:
"1 For Companies holding a license and domestic transport using vehicles n ' exceeding nine seats including the driver, when the offense is at least a contravention of the fifth class, or at least of the third class in case of repeated offenses;
"2 For companies established in France, holders of a Community authorization, if the offense corresponds to one of those listed in Annex IV of Regulation (EC) No 1071/2009 mentioned above.
"Prior to the issuance of the warning, the regional prefect notify the head of the defaulting company of the charges against him and the penalty he incurs and informed of the possibility to submit observations written or oral, within fifteen days, if necessary assisted by counsel or represented by an agent of his choice.
"III. - If the company again commits an offense specified in II, the regional prefect notify the head of the defaulting company of the charges against him and the penalty he faces and inform the opportunity to submit its observations, written or oral, within fifteen days, if necessary assisted by counsel or represented by an agent of his choice.
"The regional prefect may order the temporary or permanent withdrawal of some or all of the certified copies of the license that the company holds or its other administrative transit passes.
"For the duration of the temporary withdrawal of administrative transit passes, it will be delivered to the company under any new transport any kind.
"The decision final withdrawal can only occur after an initial decision to temporarily withdraw from administrative titles occurred during the previous five years. It covers all transport of securities held by the company.
"IV. - When the prefect noted that was raised a tort of infringement included in those mentioned in Article 6, committed after at least one other similar offense, it may order the detention of one or more vehicles the company for a period of three months, the expense and risk of the company. The decision of the prefect precise location of the asset, its duration and modalities of control by state agents.
"V. - The decisions of withdrawal and capital are taken after consultation with the regional commission administrative penalties referred to in Article L. 3452-3 of the Transport Code.
"The Prefect's decision is published in two local newspapers and displayed in the company's premises for a period not exceeding the duration of withdrawal or immobilization. The publication and display costs are the company's responsibility. "
X. - There shall be two items, 44-2 and 44-3, worded as follows:

"Art. 44-2.-A non-resident transport company that committed in France on the occasion of a cabotage, a serious breach of Regulation (EC) No 1073/2009 or the aforementioned Community legislation in the field road transport may be banned to perform cabotage operations in the country.
"The regional prefect who say the ban is that of the region in which the offense has been discovered. The duration of this prohibition may not exceed one year.
"The decision of the regional prefect is passed after consultation with the regional commission administrative penalties referred to in Article L. 3452-3 of the Transport Code.
"A company can be only one prohibition the same time, valid for all France.
"Art. 44-3.-An order of the Minister for Transport sets the rules for the application of Articles 44-1 and 44-2. "
XI. - Article 45 is replaced by the following:
"Art. 45.-I. - All vehicles carrying out public road transport service people in France must be accompanied, according to the service carried out and without prejudice for the specific regulation of certain types of transport, the following documents:
"A. - Titles administrative transport:
"a) a certified copy of the Community license or of the domestic transport license mentioned in Article 9;
"B) Where applicable, if the vehicle does not exceed nine persons including the driver, the authorization for the execution of a public road transport occasional service of persons under Article 33;
"C) If applicable, a copy of the transport permit issued pursuant to Article 31-6;
"B. - Inspection documents:
" a) The collective ticket or individual tickets, the document given by the employer worth mission order, required for the execution of an occasional service;
"B) A copy of the agreement with the organizing authority of regular transport, school or at the request or the certificate issued by the organizing authority.
"II. - The control documents referred to in B and agreements with the organizing authority of regular transport, school or at the request must be retained by the company for a period of two years to be produced at the request of the officers control.
"III. - The vehicles used for collective public road transport services of persons are provided with a distinctive signage defined by order of the Minister of Transport.
"This rating is applied to the vehicle so as to be visible and allow monitoring by the agents of the competent authority.
"It is removed or obscured if the vehicle is used for an activity other than collective public road passenger transport.
"The obligation laid down in the previous paragraph applies to vehicles of nine seats or less.
"IV. - An order of the Minister for Transport specifies the conditions for applying this article. It particularly sets the content and style of documents required in the vehicles mentioned in B. "
XII. - The Section II of Article 46 is replaced by the following:
"II. - Shall be punished with a fine for offenses of the fourth class the failure to affix clearly on the vehicle the data provided for in III of Article 45, or fail to remove or obscure if the vehicle is used for an activity other than collective public road transport of persons, or do not mention the name or acronym of the transport undertaking in a conspicuous place on vehicles used for public road transport services collective of people. "

Chapter II: Road transport of goods, moving and industrial vehicle rental with driver for the transport of goods
Article 2
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The Decree of 30 August 1999 aforementioned is amended as follows:
I. - Sections I "Conditions of exercise" and II "register entry" of Title I shall be repealed.
II. - Title I contains the following articles 1 to 9-6:
"Art. 1er.-This Order applies to public road freight transport enterprises, removal and rental of industrial vehicles with driver for the transport of goods, use of motor vehicles, including motor vehicles of which the maximum authorized speed does not exceed 40 km / h, as well as enterprises wishing to perform those activities.

"Art. 2. The company that wishes to exercise the public road transport profession of goods or moved, or industrial car hire with driver for the transport of goods, makes an application to that effect to the prefect of the region or where she wants to have its headquarters or, for a company not having its headquarters in France, its main establishment. The latter has a period not exceeding three months, may be extended a month in the event that the dossier submitted in support of the application is incomplete, to rule on that request.
"The regional prefect issued the company a license to practice the profession when he meets the establishment requirements, professional repute, financial standing and professional competence provided for in Articles 6 to 9 | || "Art. 3. Companies established in France, authorized under Article 2 to exert a public road transport activity of goods, relocation or industrial vehicle rental with driver for the transport of goods are registered in the commercial register and companies or in the trades and registered in the national electronic register of road transport undertakings.
"Art. 4.-I. - Companies domiciled in France are registered in the national electronic register of road transport undertakings by the Prefect of the region where they are headquartered.
"Companies not domiciled in France are recorded in the registry by the Prefect of the region where their principal place of business. This also refers to the register the address of the company headquarters.
"In cases under the two preceding paragraphs, the secondary schools of businesses located within the national territory are mentioned in the register by the Prefect of the region where the company is registered and, respectively, for each of the prefects of the regions where these facilities are located.
"II. - For the purposes of Articles 16 to 18 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions for exercising the profession of transport by road and repealing Directive 96/26 / EC, the entry in the national electronic register of road transport undertakings is carried on electronic media in accordance with the law of 6 January 1978 referred to above.
"Art. 5. In the case of cooperatives of public road freight transport enterprises, companies members of the cooperative, as well as this one, are authorized to pursue the road public transport operator of goods in accordance with the Article 2 and are registered in the national electronic register of road transport undertakings. The registration of the cooperative shall mention the list of companies that are members.
"In case of a lease management business assets of public road transport of goods, moving or rental of industrial vehicles with driver for the transport of goods, the managing tenant is required to apply for registration in the same conditions.
"Art. 6.-I. - Constitute the establishment of the company at its headquarters or, for a company not having its headquarters in France, those of its principal establishment, and those mentioned in II and III.
"II. - Establishing requirement is satisfied by the respect in France of all of the following conditions:
"1 In the premises of the company's headquarters or, for a company not having its headquarters in France in those of its principal establishment are kept, subject to the provisions of III, the documents mentioned in point a of Article 5 of Regulation (EC) No 1071/2009 cited as the original of the mentioned transport license in section 9-2 of this order and any other documents relating to the company's transport business;
"2. The company has one or more registered vehicles, those vehicles are wholly owned or, for example, under a hire purchase agreement or a lease or leasing;
"3. The company effectively and continuously manages the vehicle on said activities through the necessary administrative facilities and the appropriate technical equipment.

"III. - When all or part of the documents referred to in 1 of II are kept in separate quarters from his seat or, for a company not having its headquarters in France, its main establishment, the company says the prefect of the region in which its seat or is located, for a company not having its headquarters in France, its principal office address of the premises where those documents are made available.
"IV. - The premises of the company's headquarters or, for a company not having its headquarters in France, those of its principal establishment and the premises housing its administrative facilities and those of its technical facilities are located on the national territory their addresses are contained in national electronic register of road transport undertakings.
"V. - For companies using only a vehicle not exceeding a maximum authorized weight of 3.5 tonnes, the technical facilities referred to in 3 of II are not required.
"Art. 7.-I. - It must be satisfied the requirement of professional integrity by each of the following:
"1 The company, legal person;
"2. The following natural persons:
" a) The trader, individual entrepreneur;
"B) The partners and managers of corporate companies;
"C) The managers of limited liability companies;
"D) The general partners and managers of limited partnerships;
"E) The chairman of the board, executive board members and CEOs of public companies;
"F) The President and the leaders of close corporations;
"3. The company's transport manager referred to in section 9-1.
"II. - The persons mentioned in I can lose the professional reputation when they have been:
"1 ° Or several convictions mentioned in Bulletin No. 2 criminal record pronouncing a ban from engaging in business or profession industrial;
"2 ° or more convictions mentioned in Notice No. 2 of the criminal record for one of the following offenses:
" a) offenses mentioned in articles 221-6-1,222-19-1,222-20-1,222 -34 to 222-42,223-1,225-4-1 to 225-4-7,314-1 to 314-4,314-7,321-6 to 321-12 and 521-1 of the criminal code;
"B) offenses specified in Articles L. 654-4 to L. 654-15 of the Commercial Code;
"C) offenses specified in Articles L. 5224-1 to L. 5224-4, L. 8114-1, L. 8224-1 to L. 8224-6, L. 8234-1 and L. 8234- 2, L. 8243-1 and L. 8243-2, L. 8256-1 to L. 8256-8 of the Labour code;
"D) offenses specified in Articles L. 221-2, L. 223-5, L. 224-16 to L. 224-18, L. 231-1, L. 233-1, L. 233- 2, L. 234-1, L. 234-8, L. 235-1, L. 235-3, L. L. 317-1 to 317-4, L. 325-3-1, L. 412- 1 and L. 413-1 of the Highway code;
E) "offenses referred to in Articles L. 1252-5 to L. 1252-7, L. 3242-2 to L. 3242-5, L. 3315-4 to L. 3315-6, L. 3452- 6, L. 3452-7, L. 3452-9 and L. 3452-10 of the code of transport;
"F) An offense referred to in 5 ° of I of Article L. 541-46 of the Environment Code;
"3. Either of several fines for contraventions referred to:
" - Article R. 323-1 of the Highway Code;
"- Articles R. 312-2 to R. 312-4 of the Highway Code when the offenses correspond to a maximum mass exceeding permissible laden of 20% or more for vehicles the permissible laden weight is greater than 12 tons and 25% or more for vehicles the permissible laden weight of less than 12 tonnes;
"- Articles 22 and 23 of Decree No. 2007-1340 of 11 September 2007 amended relating to the initial qualification and periodic training of drivers of certain vehicles for the road transport of goods or passengers;
"- Article 3, paragraph III of Decree No. 86-1130 of 17 October 1986 as amended relating to the obligations and penalties in the field of Community social legislation relating to road transport and of the agreement European Agreement concerning the work of crews of vehicles engaged in International road transport (ERTA) of 1 July 1970.
"III. - The natural persons mentioned in I wishing to start a transport business, running a transport business or become a transport manager does not satisfy the requirement of good repute when they have been mentioned in several convictions II.

"IV. - The natural persons mentioned in I who run a transport company or transport managers are in a company registered in the national electronic register of road transport companies do not meet the requirement of good repute with regard to the exercise of when the profession is subject to a decision by the regional prefect who pronounced the loss of the good repute in view of convictions for offenses referred to in II.
"V. - The regional prefect is, at its request, informed of the convictions mentioned in II through the update 2 criminal record.
"VI. - Individuals cited in I do not reside in France or resident in France for less than five years, provide evidence that they meet in their state of residence or in the State of the preceding habitual residence, the condition of professional integrity defined by that State for access to the profession of transport by road, as provided in Article 19 of Regulation (EC) No 1071/2009 mentioned above. This provision applies where the State of residence is party to the Agreement on the European Economic Area.
"VII. - When the regional prefect is informed of a criminal conviction or penalty imposed in one or more Member States of the European Union other than France against a transport manager of a company in due to one or more offenses mentioned in the list in Annex IV to Regulation (EC) No 1071/2009 or cited in the list of other serious infringements of Community rules established by the European Commission under Article 6, paragraph 2, point b of the regulation, it involves the administrative procedure in VIII and point a of paragraph 2 of Article 6 of the Regulation.
"VIII. - For the purposes of IV and VII, the regional prefect appreciate the proportionality or otherwise of the loss of good repute in terms of the impact on the exercise of the profession after consulting the regional commission mentioned administrative sanctions with Article L. 3452-3 of the transport code.
"The regional prefect shall notify the person concerned of the charges against him and the punishment it incurs. The person referred to is set to present its oral or written comments within fifteen days. She has access to the file and may be assisted by counsel or represented by an attorney of his choice.
"After this procedure, the regional prefect may pronounce the loss of professional reputation.
"This decision sets the duration of loss of repute, not exceeding two years if the person has been convicted of offenses or the expected duration to 133-12 and following of the Penal Code and 782 ff the code of criminal procedure he has been sentenced for crimes.
"If the regional prefect concluded that the loss of good repute would constitute a disproportionate response, it may decide that the good repute is not questioned. In this case, the reasons behind this decision are entered in the national electronic register of road transport undertakings.
"Art. 8.-I. - It meets the requirement of financial capacity referred to in Article 2 when the company shows, in accordance with V, it has each year capital and reserves totaling at least for vehicles not exceeding a maximum permissible weight of 3.5 tons, EUR 1 800 for the first vehicle and 900 euros for each of the following vehicles and, for vehicles exceeding that limit 9000 euro for the first vehicle and 5 000 for each of the following vehicles.
"II. - For road public transport companies of goods, relocation or industrial vehicle rental with driver for the transport of goods established in Guadeloupe, Guyana, Martinique, Reunion and Mayotte and that declare limit their activity to the only community in which they are established, and subject to the provisions of Articles 5 and 6 of Decree No 2011-2045 of 28 December 2011 on various provisions relating to access to the road transport profession and access to the market road transport, these amounts are € 600 for vehicles not exceeding the maximum permissible weight of 3.5 tonnes and, for vehicles exceeding that limit EUR 6 000 for the first vehicle and EUR 3 000 for each of the following vehicles .

"III. - In the absence of sufficient capital and reserves, the company can provide guarantees granted by one or more financial institutions providing a guarantee for the undertaking for the amounts specified in I and II. These guarantees may not exceed half of the required financial capacity.
"The guarantee is implemented by liquidator appointed in case of liquidation for the benefit of all creditors in proportion to their claims.
"IV. - In determining the amount of the required financial resources are taken into account all the vehicles used by the company for road public transport goods for the move or rental of industrial vehicles with driver for the transport of goods.
"V. - In order to demonstrate its financial capacity, the company shall, at his initial request for authorization to practice the profession of public road transport of goods, removal, or industrial vehicle hire with driver for the transport of goods, documents certified by a chartered accountant, an auditor or an authorized management center, justifying the mobilization of capital and reserves in the amount of the required financial capacity.
"It then submits each year to the territorial department of the State to which it belongs, in the six months following the end of the financial year, the corresponding tax return certified by an accountant, an auditor accounts or an authorized management center.
"A transmission fault of the tax return on time in the previous paragraph, and after a formal notice remains without effect for three months, the regional prefect may issue a decision to suspend the authorization exercising the public road transport profession of goods or industrial relocation or car hire with driver for the transport of goods.
"Art. 9.-I. - It meets the requirement of professional competence referred to in Article 2 where the transport manager mentioned in section 9-1 holds a certificate of professional competence.
"II. - The certificate of professional competence is issued by the regional prefect to people who have undergone mandatory written examination on the subjects and the provisions contained in Annex I to Regulation (EC) No 1071/2009 mentioned above.
"III. - The certificate of professional competence may be granted by the regional prefect to persons holding a national diploma or certified by the state, a university degree, certificate of studies or professional title France issued by higher education institutions or authorized agencies, which involve the knowledge of all the subjects listed in Annex I of Regulation (EC) No 1071/2009 mentioned above. The list of these diplomas and certificates is fixed by joint order of the ministers responsible for transport, respectively, higher education and labor.
'Notwithstanding the preceding paragraph, the holders of a diploma, a certificate of study or a document issued before the effective date of Decree No. 2011-2045 of 28 December 2011 containing various provisions relating to access to the road transport profession and access to the road transport market and that opened right before the entry into application of Regulation (EC) No 1071/2009, cited in the award by direct equivalence of the certificate of professional competence, may exercise this right until 31 December 2012.
"Notwithstanding the first paragraph of III, those incurred before the effective date of Decree No. 2011-2045 of 28 December 2011 on various provisions relating to access to the road transport profession and access to the road transport market in a training leading to a diploma, certificate of study or a title issued between that date and July 1, 2014, which opened right before the entry into force of Regulation (EC) No 1071/2009, cited above, to award by direct equivalence of the certificate of professional competence, can to assert this right until 3 December 2014.

"IV. - The certificate of professional competence may be granted by the regional prefect to those who provide proof that they have continuously managed a company of public road transport of goods, moving or rental of industrial vehicles with driver for the transport of goods, in one or more states belonging to the European Union during the ten years prior to December 4, 2009.
"V. - the certificates of professional competence in conformity with the model certificate set out in Annex III of Regulation (EC) No 1071/2009 supra, granted by the competent authorities of other Member States of the EU are recognized as sufficient proof of professional competence.
"VI. - For companies exclusively using vehicles not exceeding the maximum permissible weight of 3.5 tonnes, it meets the requirement of professional capacity when the transport manager mentioned in section 9-1 holds a certificate of professional competence in light transport.
"The certificate of professional competence in light transport is granted by the regional prefect for people who have undergone training attested by a compulsory written examination on a knowledge repository defined by the Minister for Transport.
"The certificate of professional competence in light transport can also be assigned by the regional prefect to persons holding a national diploma or certified by the state or a professional title issued in France by the rectors of academy or authorized agencies, which involve the knowledge of all the matters listed in the knowledge repository. A joint order of the ministers responsible for transport, respectively, of National Education and the fixed working the list of diplomas and degrees.
'Notwithstanding the preceding paragraph, the people have a diploma or a document issued before the effective date of Decree No. 2011-2045 of 28 December 2011 on various provisions relating to the access to the road transport profession and access to the road transport market, which opened right before that date, the award of the professional capacity of proof by direct equivalence can vindicate that right until 31 December 2012 .
"the certificate of professional competence in light transport can also be assigned by the regional prefect to those who provide proof that they have continuously managed a company of road public transport goods for two years subject they have not stopped this business for over ten years.
"The certificate of professional competence in light transport is not required of the person to continuously and effectively, a company registered in the commercial register and companies or trades register on the date of 2 September
1999. "VII. - The natural persons holding a certificate of professional competence or a certificate of professional competence in light transport, who have not managed a company of public transport of goods, moving or rental of industrial vehicles with driver for the transportation of goods in the last five years, may be subjected by the regional prefect to be trained in a center authorized by it to refresh their knowledge before being designated transport managers.
"VIII. - The certificates of professional competence issued before December 4, 2011, as proof of professional competence under national laws or regulations in force until that date shall be deemed equivalent to certificates of which is given in Annex III of Regulation (EC) No 1071/2009 mentioned above and are accepted as proof of professional competence regardless of the member states of the European Union which they emanate.
"Art. 9-1.-I. - The company that operates or wishes to exercise the public road transport profession of goods, relocation or industrial car hire with driver for the transport of goods means a natural person, the transport manager, residing in the European Union, that meets the professional repute and capacity requirements specified in Articles 7 and 9 and which effectively and continuously manages its transport activities.

"The tasks entrusted to the transport manager include the management and maintenance of vehicles assigned to the transport company activity, verification of contracts and transport documents, basic accounting, assignment of loads or services to drivers and vehicles, and the verification of safety procedures.
"II. - The transport manager justifies a real link with the company including being employee, director or owner of this business, or the leader, or, if the undertaking is a natural person, being that person.
"In the case of a group of public road haulage business, relocation or rental of industrial vehicles with driver for the transport of goods, an individual employee or officer of a company group may be appointed transport manager of one or more group companies.
"III. - Except in the case of groups of public road haulage business, relocation or rental of industrial vehicles with driver for the transport of goods, the company that does not have within it a transport manager may designate it empowers an individual contract to exercise, on behalf of the tasks of transport manager. This contract specifies the responsibilities that person assumes in this respect, in the interest of the co-contracting company and independence with respect to any entity for which the undertaking carries out transport.
"This person can direct a maximum transport activities:
" - either two road public transport companies of goods, relocation or industrial vehicle rental with driver for the transport of goods;
"- Is a company of public road transport of goods, moving or rental of industrial vehicles with driver for the transport of goods and a road public transport company of people, since it has also the certificate of professional competence relating to road public passenger transport.
"In either case, the cumulative number of motor vehicles of both companies is limited to twenty.
"For the purposes of this paragraph, companies considered are those established in all Member States of the European Union.
"IV. - A person who has been designated transport manager pursuant to the provisions of II can not be simultaneously designated transport manager under the provisions of III.
"V - The decision of the regional prefect mentioned in VIII of Article 7, when a transport manager is also prevails declared unfit for it to manage the transport activities and rental any public road transportation business, moving or rental of industrial vehicles with driver for the transport of goods.
"The declaration of incapacity takes effect as long as the transport manager has not been discharged under the conditions provided in Article VIII of the
7." Art. The 9-2.-registration in the national electronic register of road transport undertakings gives rise to the issue by the regional prefect of the following licenses:
"a) Community license where the company uses one or more vehicles whose maximum permissible weight exceeding 3.5 tonnes, subject to the company established in Guadeloupe, Guyana, Martinique, Reunion and Mayotte, not having declared limit its activity to the only community overseas -Mer which it is established;
"B) internal transport license when the company uses one or more vehicles not exceeding this limit or when it says limit its activity to the only community overseas where it is established.
"The Community license or internal transport, in the name of the company, it is issued for a maximum of ten years and renewable and can be no transfer to third parties. She is accompanied by certified copies numbered whose number corresponds to that of vehicles referred to in 2 ° of II of Article 6.
"The original license is kept in the establishment of the company mentioned in Article 6. It must be returned to the regional prefect, and all its certified copies at the end of the license validity period or when the authorization to practice has been suspended or withdrawn.

"Art. 9-3.-Companies that have a license to practice public road transport profession of goods, relocation or industrial car hire with driver for the transport of goods notify the regional prefect, within twenty-eight days, any changes alter their situation regarding the data mentioned under a to d of section 16, paragraph 2 of Regulation (EC) No 1071/2009 mentioned above.
"Art. 9-4.-Where for any reason whatsoever, the company continues its road public transport activity of goods, relocation or industrial vehicle rental with driver for the transport of goods or disappears its establishment as defined in I of Article 6, or when it no longer for at least one year of certified copies of valid Community license or certified copies conform to valid internal transport license, the regional prefect withdraw the license of him exercising the public road transport profession freight mover or hire of industrial vehicles with driver for the transport of goods and writes off the national electronic register of road transport undertakings.
"Art. 9-5.-I. - When a company no longer meets one of the requirements for access to the public road transport profession of goods or moved, or industrial car hire with driver for the transport of goods referred to in Article 2 or when it provided inaccurate information regarding these requirements, the regional prefect notify the head of the company that demands that his company no longer meets as well as measures that could be taken against him and after having informed the opportunity to submit written or oral comments, if necessary assisted by counsel or represented by an attorney of his choice, puts it on notice to rectify the situation within the following deadlines:
"1 a maximum period of nine months in case of physical disability or death of the transport manager;
"2. A maximum period of six months in case of loss of good repute of the transport manager or the head of the company or where the transport manager no longer rely on her professional capacity as a result of a declaration of incapacity;
"3. A maximum period of six months to rectify the situation with regard to the requirement of establishment;
"4. A maximum period of six months to demonstrate that its business will be able to meet the new requirement of financial standing permanently in a reasonable time, given the situation of the company.
"II. - When the head of the company has not complied with the notice after one or other of the periods mentioned in 1 °, 2 ° or 3 ° of I, the regional prefect may suspend, for a maximum period of six months the authorization to practice the profession of public road transport of goods or moved, or hire of industrial vehicles with driver for the transport of goods.
"When the head of the company can demonstrate, after the period during which his license was suspended, the company has rectified the situation regarding the requirements or events mentioned in 1, 2 or 3 of the I, the regional prefect may withdraw the authorization to practice the profession.
"III. - When the head of the company has not complied with the notice at the end of the period provided in 4 of the I, the regional prefect may:
"1. When the head of the company provides no evidence, withdraw the authorization to pursue the public road transport profession of goods or moved, or hire of industrial vehicles with driver for the transport of goods;
"2. When the manager of the company provides information on the evolution of the financial situation of the company with regard to the requirement of financial standing, adjust the number of certified copies of the license held by the company or withdraw the authorization to pursue the public road transport profession of goods or moved, or hire of industrial vehicles with driver for the transport of goods, if the items supplied are not likely to allow the company to meet the requirement of financial capacity.

"IV. - The decision to suspend the authorization to practice the profession entails the temporary withdrawal of the Community license or of the domestic transport license mentioned in section 9-2 and the certified true copies corresponding compliance.
"A failure to return the company of such documents within the period of fifteen days from receipt of the decision to suspend the regional prefect withdraw the authorization to exercise the profession and shall remove the national electronic register of road transport undertakings.
"When permission to practice given to the company was suspended and that it again complies with the requirements of sections 6 to 9, the regional prefect reported the suspension of the authorization to pursue the occupation and restores the company's license and a number of certified copies of licenses for the amount of its financial capacity.
"V. - The decision to withdraw the authorization to practice as a basis for cancellation of the company's national electronic register of road transport undertakings and the withdrawal of the Community license or the license domestic transportation mentioned in Article 9-2 and the certified true copies corresponding compliance.
"Art. 9-6.-I. - The orders of the Minister for Transport set out the rules for applying the articles and 2,4,6,7,9,9-1,9-2 9-5.
"II. - A joint order of the Ministers of Transport and Economy sets the rules for the application of Article 8. "
III. - Articles 10,11,14 and 21 are repealed.
IV. - Article 12 is amended as follows:
1 In a, the words "referred to in Article 10" are replaced by the words "mentioned in Article 9-2";
2. At d, the words "the Council Regulations of 26 March 1992 and 25 October 1993 referred to above amended by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002" are replaced by the words: "Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international transport of goods by road ';
3 ° d is completed by the following two paragraphs:
"The driver attestation is not however required a driver who enjoys the status of long-term resident granted by a State Party to agreement on the European economic Area pursuant to Directive No. 2003/109 / EC of 25 November 2003 concerning the status of third-country long-term residents; in this case, the driver holds any document establishing his position long-term resident.
"This certificate, awarded for a period of five years, is the property of the carrier that provides the designated driver on the certificate when the driver drives a vehicle engaged in transport under the cover of a license Community issued to that haulier. ";
4. In e, the words "in the last paragraph of I of Article 6-1 of the law of 30 December 1982 referred to above 'is replaced by the words:" in Article L. 3421-6 of the transport code ".
V. - Article 15 is amended as follows:
1 ° In the first paragraph, the words "the second paragraph of Article 33 of the Law of 30 December 1982 referred to above 'is replaced by the words" Article L. 3224-1 of the transport code ";
2 ° 5 ° is repealed.
VI. - Article 17 is amended as follows:
1 In 4 °, the words ", incidentally," after the word "executed";
2. In 8 °, the words "public service. "Are replaced by the words" universal postal service; ";
3 is added 9 ° as follows:
"9 ° Transport of drugs, devices and medical equipment and other items needed in case of emergency, especially if natural disasters. "
VII. - Article 18 is replaced by the following Articles 18 to 18-2:
"Art. 18.-I. - The Prefect of the region where the company has its headquarters or, for a company not having its headquarters in France, its main establishment, is informed of the offenses committed by it or by its officers or employees: || | "1 in France, for the receipt of the copy of the elements of a finding of breach of carriage regulations, working conditions and safety;
"2. Outside France, under the procedure provided for in Article 11 of Regulation (EC) No 1072/2009 mentioned above.

"II. - In view of these elements, the regional prefect may address a warning to the manager of the company in the following cases:
"1 For Companies holding a license and domestic transport using vehicles n ' exceeding maximum permitted weight of 3.5 tonnes, when the offense is at least a violation of the 5th class, or at least the 3rd class in case of repeated offenses;
"2 For companies established in France, holders of a Community authorization, if the offense corresponds to one of those listed in Annex IV of Regulation (EC) No 1071/2009 mentioned above.
"Prior to the issuance of the warning, the regional prefect notify the head of the defaulting company of the charges against him and the penalty he incurs and informed of the possibility to submit observations written or oral, within fifteen days, if necessary assisted by counsel or represented by an agent of his choice.
"III. - If the company again commits an offense specified in II, the regional prefect notify the head of the defaulting company of the charges against him and the penalty he faces and inform the opportunity to submit its observations, written or oral, within fifteen days, if necessary assisted by counsel or represented by an agent of his choice.
"The regional prefect may order the temporary or permanent withdrawal of some or all of the certified copies of the license that the company holds or its other administrative transit passes.
"For the duration of the temporary withdrawal of administrative transit passes, it will be delivered to the company under any new transport any kind.
"The decision final withdrawal can only occur after an initial decision to temporarily withdraw from administrative titles occurred during the previous five years. It covers all transport of securities held by the company.
"IV. - When the prefect noted that was raised a tort of infringement included in those mentioned in Article 7, committed after at least one other similar offense, it may order the detention of one or more vehicles the company for a period of three months, the company's expense. The decision of the prefect precise location of the asset, its duration and modalities of control by state agents.
"V. - The decisions of withdrawal and capital are taken after consultation with the regional commission administrative penalties referred to in Article L. 3452-3 of the Transport Code.
"The Prefect's decision is published in two local newspapers and displayed in the company's premises for a period not exceeding the duration of withdrawal or immobilization. The publication and display costs are the company's responsibility.
"VI. - IV and V apply in addition to the undertakings referred to in Article 1, to companies whose transportation is incidental to their business.
"Art. 18-1.-A non-resident transport company that committed in France on the occasion of a cabotage, a serious breach of Regulation (EC) No 1072/2009 or the aforementioned Community legislation in the field road transport, may be prohibited to carry out cabotage operations in the country.
"The regional prefect who say the ban is that of the region in which the offense has been discovered. The duration of this prohibition may not exceed one year.
"The decision of the regional prefect is passed after consultation with the regional commission administrative penalties referred to in Article L. 3452-3 of the Transport Code.
"A company can be only one prohibition the same time, valid for all France.
"Art. 18-2.-An order of the Minister for Transport sets the rules for the application of Articles 18 and 18-1. "
VIII. - In Section I of Article 19, the figure "7" is replaced by the figure "9-3".

TITLE II: MISCELLANEOUS PROVISIONS ROAD TRANSPORT PEOPLE

Article 3 More about this article ...

The decree of March 6, 1979 aforementioned is amended as follows:
I. - Section 2 is amended as follows:

1. At 1, the words "point 1 of Article 2 of Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and buses "are replaced by the words" at 2 of Article 2 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international market for services transport by coach and bus, and amending Regulation (EC) No 561/2006 ";
2. At 2, the words "at 3-1 of Article 2 of Regulation (EEC) No 684/92 of 16 March 1992" are replaced by the words "4th of Article 2 of Regulation (EC) No 1073/2009 aforementioned ".
II. - Article 3 provides:
"Art. 3. Subject to the provisions of Articles 5.6 and 8, the international carriage of passengers are subject to prior authorization when they are taught by French and foreign companies using vehicles designed to carry more than nine seated persons, including the driver. "
III. - Article 4 is restored in the following wording:
"Art. 4. a) Regular services of international passenger transport between Member States of the European Economic Area and the Swiss Confederation are subject to prior authorization by the issuing authority as defined in Article 6.1 of Regulation (EC) No ° 1073/2009 supra;
"B) Other regular services of international passenger transport is subject to authorization by the competent authorities of each of the states involved in the transport. "
IV. - The first sentence of Article 5 is supplemented by the following: ", for which a license is issued in accordance with Article 4".
V. - In Article 6, the words "by vehicles operated" are deleted and the words "European Economic Community" are replaced by the words "of the European Economic Area."
VI. - Article 7 is amended as follows:
1 ° In the first paragraph, the words "European Economic Community" are replaced by the words "European Union" and the words "a statement established by a carrier "are replaced by the words:" an expected edge document as part of agreements with non-member states of the European Union, supplemented by the carrier ";
2. In the second paragraph, the words "this statement" is replaced by the words "this edge document".
VII. - Article 8 reads:
"Art. 8. For France, the issuing authority referred to in Article 4 or the competent authority referred to in Article 4 b of the Minister for Transport or authorized body for this purpose, except limited services at a border department in the neighboring State where the issuing authority referred to in Article 4 is the state representative in the region or organization. "
VIII. - Article 9 reads:
"Art. 9. Any coach or bus on an international road passenger transport is accompanied, according to the service carried out and without prejudice for the specific regulation of certain types of transport, the following documents:
"A. - Administrative Titles Transport:
"a) a certified copy of the Community license for undertakings established in a State party to the agreement on the European economic Area, pursuant to 3 of Article 4 of Regulation (EC) No. 1073/2009 supra;
"B) The certified copy of the transport permit issued by the Swiss authorities pursuant to Article 17 of the Agreement of 21 June 1999 between the European Community and the Swiss Confederation or by the authorities of States Parties the Interbus agreement approved by Council decision of 3 October 2002;
"C) A certified copy or original of the transport permit issued under sections 4 and 8, according to the regulations applicable in the European Union or in agreements with non-member states of the Union European;
"D) The certificate of transport on own account pursuant to 5 of Article 5 of Regulation (EC) No 1073/2009 supra;
"B. - Inspection documents:
" a) The edge of document required by EU regulations or international agreements for international occasional transport;
"B) A certificate of first registration of the vehicle required by the Interbus Agreement for the occasional transport;

"C) The ticket, individual or collective, under paragraph 1 of Article 18 of Regulation (EC) No 1073/2009 mentioned above. "
IX. - In the last sentence of Article 11, the words "of the declaration referred" are replaced by the words "from the edge of the document referred to in Article 7".


Article 4 More about this article ...

The decree of April 7, 1987 aforementioned is amended as follows:
I. - In d of Article 2, the words "Article 40 of Law No. 73-1193 of 27 December 1973" are replaced by the words "of Article L. 121-35 of the Code of the consumption ".
II. - Article 3 provides:
"Art. 3. Private services are performed either with vehicles belonging to the organizer or with vehicles made by him in rental without driver. The provision of vehicles with driver organizer can only be done by a company registered in the national electronic register of road transport undertakings.
"The transport referred to in Article 2 are carried free of charge. "
III. - Article 4 is repealed.

TITLE III: MISCELLANEOUS

Article 5 More about this article ...

I. - For companies established in Martinique, the amount taken into account for the calculation of the required financial capacity of road transport companies of persons and goods in activity at the date of entry into force of this decree and will have declared their limit activity in this department shall be:
1. For road transport of persons:
a) EUR 600 per vehicle not exceeding nine seats including the driver;
b) EUR 1 000 per vehicle for up including the driver, more than nine seats and not more than fourteen seats;
c) 6 000 for the first vehicle and EUR 3 000 for each of the following vehicles, for vehicles exceeding fourteen seats, including the driver;
2. For road haulage:
a) EUR 600 per vehicle not exceeding a maximum authorized weight of 3.5 tonnes;
b) EUR 1 000 per vehicle with a maximum authorized weight of over 3.5 tonnes but not exceeding 7.5 tonnes;
c) 6 000 for the first vehicle and EUR 3 000 for each of the following vehicles, for vehicles exceeding a maximum permissible weight of 7.5 tonnes.
II. - The provisions of I cease to apply with effect from 4 December 2016.
III. - The professional capacity may be recognized by the prefect of the Martinique region to people able to argue before 4 December 2014, the validation of professional experience in management, in Martinique, in the field of road public transport of persons or goods during the five years preceding the effective date of this decree.
IV. - An order of the prefect of the Martinique region sets the rules for applying this Article.

Article 6
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For application to Mayotte of the provisions of the decrees of 16 August 1985 and 30 August 1999 referred to above as amended by this Decree, the activity of road transport undertakings established there, and whose activity is limited this department is governed, until December 4, 2016, by the provisions of I and II.
I. - Companies established in Mayotte are deemed to satisfy the requirement of professional capacity when their transport manager is or will hold an appropriate professional competence certificate issued under the conditions set by the order under VI.
The appropriate professional capacity may also be recognized by the prefect of Mayotte to people able to argue before 4 December 2014, the validation of professional experience in the field of the management of public road transport in this department during three years preceding the date of entry into force of this decree.
II. - Companies established in Mayotte are deemed to meet the requirement of financial capacity in the following conditions:
1. For road transport of persons:
a) EUR 600 per vehicle not exceeding nine seats including the driver;
b) EUR 1 000 per vehicle for up including the driver, more than nine seats and not more than fourteen seats;
c) 6 000 for the first vehicle and EUR 3 000 for each of the following vehicles, for vehicles exceeding fourteen seats, including the driver;
2. For road haulage:
a) EUR 600 per vehicle not exceeding a maximum authorized weight of 3.5 tonnes;

b) EUR 1 000 per vehicle with a maximum authorized weight of over 3.5 tonnes but not exceeding 7.5 tonnes;
c) 6 000 for the first vehicle and EUR 3 000 for each of the following vehicles, for vehicles exceeding a maximum permissible weight of 7.5 tonnes.
III. - Companies that benefit from the provisions of I and II may only get within a transport license limited to Mayotte, subject to otherwise satisfy the requirements of business and professional reputation referred to in Articles 5-1 and 6 of Decree of 16 August 1985 referred to above and Articles 6 and 7 of Decree of 30 August 1999 referred to above in their drafting outcome of this decree.
IV. - Companies established in Mayotte have until 4 December 2014 to comply with the provisions of this Decree.
V. - As of December 4, 2016, the firms reporting limit their activity to Mayotte:
1. Continue to benefit from the professional capacity that was recognized them in the conditions of I;
2. Be given a two-year period to justify the financial capacity applicable to overseas departments in accordance with Articles 6-1 of the Decree of 16 August 1985 referred to above and 8 of Decree of 30 August 1999 referred to above in after their drafting of this Decree.
VI. - An order of the Minister for Transport sets the rules for the application of paragraphs I to V of this Article.
VII. - The decree of August 16th, 1985 aforementioned is completed by an article 49-1 as follows:
"Art. 49-1. - For application to Mayotte of this Order and subject to the provisions of Article 6 of Decree No 2011-2045 of 28 December 2011 on various provisions relating to access to the road transport profession and access to the road transport market:
1. The provisions of Articles 9, 10-1, 11, 31-5, 44-1 and 45 referring to the Community transport license are not applicable;
2. The provisions of Articles 1 and 5 relating to taxis are not applicable;
3. In Articles 2, 6, 7, 8, 9, 10, 11 and 44-1, the words "regional prefect" are replaced by the words "prefect of Mayotte";
4. In Article 3, the words "regional" and "regions" are replaced by the words "community" or "community";
5. The c 2 of Section II of Article 6 is not applicable;
6. Articles 29 and 30 shall not apply;
7. Article 31 is subject to the following modifications:
a) The words: "At the request of the regions, departments, 'shall be replaced by the words:" At the request of the department of Mayotte or the ";
b) The words "regions or departments" are replaced by the words "of Mayotte department";
c) The words "In regions overseas" are replaced by the words: "In Mayotte";
8. In Article 44, the words "in the region and the department" is replaced by the words: "Mayotte";
9 ° In Article 44-1, the words "two regional newspapers" are replaced by the words "two newspapers published in Mayotte."
VIII. - Decree of 30 August 1999 aforementioned is completed by an article 22-1 as follows:
"Art. 22-1. - For application to Mayotte of this Order and subject to the provisions of Article 6 of Decree No 2011-2045 of 28 December 2011 on various provisions relating to access to the road transport profession and access to the road transport market:
1. The provisions of Articles 9, 9-2, 9-4, 9-5, 12, 13 and 18 referring to the Community transport license are not applicable;
2. In Articles 2, 8, 9 and 18, the words "regional prefect" are replaced by the words "prefect of Mayotte";
3. The I of Article 4 is replaced by the following:
"I. - companies based in Mayotte are registered in the national electronic register of road transport undertakings by the Prefect of Mayotte.
"Companies with headquarters in France and having a principal place of business in Mayotte are listed on this register by the Prefect of Mayotte. This also refers to the register the address of the company headquarters.
"In cases under the two preceding paragraphs, the secondary schools of businesses located within the national territory are mentioned in the register by the Prefect of Mayotte and, respectively, for each of the prefects of regions where these facilities are located. ";
4. In Article 7, the c 2 of II reads:

"C) offenses specified in Articles L. 124-1, L. 124-3, L. 312-1, L. 312-2, L. 330-5 and L. 630-1 of the Labour Code applicable in Mayotte; ";
5. In Article 18, the words "two regional newspapers" are replaced by the words "two newspapers published in Mayotte."


Article 7 Learn more about this item ...

The provisions of this decree are not applicable to Saint Pierre and Miquelon.

Article 8
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Community licenses and inland transport licenses issued to companies before the date of publication of this decree remain valid until their expiry date.
Companies registered in the national electronic register of road transport undertakings to the effective date of this decree are allocated, as appropriate, a license to practice public road transport profession of goods, relocation or lessor of industrial vehicles with drivers for the transport of goods, or to engage in the public road transport profession of people, when they meet the requirements of the Decree of 16 August 1985 aforesaid or by the decree of 30 August 1999 referred to above as amended by the provisions of this Decree.

Article 9
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The Minister for Ecology, Sustainable Development, Transport and Housing, the Minister of Justice, Minister of Justice and Freedoms, the Minister of the Interior, Overseas, Local Authorities and immigration, the Minister of economy, Finance and industry, the Minister of Labour, employment and health, the Minister of education, youth and life associative, Minister of higher education and research, the Minister to the Minister of the interior, overseas, local authorities and immigration, responsible for overseas and Minister to the Minister for ecology, sustainable development, transport and housing, responsible for transport, are responsible, each in regards to the execution of this decree, which will be published in the Official Journal of the French Republic.

Dated December 28, 2011. Fillon

By the Prime Minister:
The Minister to the Minister for Ecology, Sustainable Development
,
transport and housing
for Transport Thierry Mariani

the Minister for ecology, sustainable development
,
transport and housing, Nathalie Kosciusko-Morizet

the keeper,
Minister of justice and freedoms |
|| Michel Mercier Minister of interior,
the overseas territorial communities
and immigration, Claude Gueant

the economy minister ,
Finance and industry, Francois Baroin

the Minister of Labour,
employment and health, Xavier Bertrand

the Minister of education,
youth and associative life, Luc Chatel


the Minister of higher education and research, Laurent Wauquiez

the Minister to the interior Minister,
the overseas territorial communities
and immigration, responsible for overseas territories, Marie-Luce Penchard

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