Key Benefits:
Publics concerned: public road transport companies of people.
Subject: implementation at the national level of the provisions relating to access to the profession of road carrier contained in Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009, and provisions relating to access to the international transport market of bus and bus services contained in Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009.
Entry into force: the text comes into force on the day after its publication.
Notice: the order specifies the provisions contained in the order Decree No. 2011-2045 of 28 December 2011 bringing various provisions concerning access to the profession of road transport and access to the market of road transport.
The Order updates the documents that must accompany any vehicle carrying out a road public transport service for persons, and any vehicle that carries out international road transport for persons.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Minister to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transportation,
Having regard to Council Regulation (EEC) No. 56/83 of 16 December 1982 concerning the execution of the agreement on international casual passenger services by bus or bus (ASOR);
Having regard to Commission Regulation (EC) No. 2121/98 of 2 October 1998 on the terms and conditions for the application of regulations (EEC) No. 684/92 and (EC) No. 12/98 concerning documents for the carriage of passengers by bus 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 to be followed in the profession of road carrier and repealing Council Directive 96/26/EC;
Considering 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 transport market of bus and bus services and amending Regulation (EC) No 561/2006;
Considering the transport code, including Article L. 3411-1;
Vu le Decree No. 79-222 of 6 March 1979 Amending the regime applicable to international road passenger transport;
Vu le Decree No. 85-891 of 16 August 1985 amended on urban transport of persons and non-urban road transport of persons;
Considering the agreement on the occasional international transport of passengers by bus or bus (Interbus agreement) entered into force on 1 January 2003;
In view of the Commissioner for Simplification of December 14, 2011;
In the opinion of the Standards Assessment Advisory Board of 15 December 2011,
Stop it!
Internal transportation.
1-1. Administrative transport titles.
I. ∙ Any vehicle performing a public road transport service of persons in France shall be accompanied, according to the service carried out and without prejudice to the provisions relating to the specific regulation of certain types of transport, of the following documents:
- certified true copy of the communassian licence or the domestic transport licence;
- if applicable, if the vehicle does not exceed nine seats, including driver, the authorization allowing the execution of an occasional public road transport service of persons;
— if any, the copy of the transport authorization issued under theArticle 31-6 of Decree No. 85-891 of 16 August 1985.
II. ― Authorization referred to inArticle 33 of Decree No. 85-891 of 16 August 1985 referred to above gives rise to the issuance of as many copies as the company is authorized to circulate vehicles simultaneously to perform occasional services subject to authorization.
These copies, which are not assigned to a specific vehicle, are prepared in accordance with the model defined by decision of the Director of Road Transport published in the Official Bulletin of the Ministry of Ecology, Sustainable Development, Transport and Housing.
1-2. Control documents.
I. ∙ Any vehicle performing a public road transport service of persons in France shall be accompanied, according to the service carried out and without prejudice to the provisions relating to the specific regulation of certain types of transport, of the following documents:
1° An individual ticket for circuits in the place referred to in 4 c of Article 5 of the decree of 16 August 1985 referred to above, executed by companies using small road trains. This individual ticket must indicate the name of the transport company, the destination and the price of the trip.
2° A collective ticket for casual services. This collective ticket is covered by the stamp of the transport company and on which are indicated the name and address of the establishment, association, group(s) on whose behalf the service is executed, the reason for the movement, the number of persons transported, the itinerary, the date and the price of the transport, the mention of this price that may be replaced by an invoice;
3° A copy of the agreement with the organizing authority for regular, school or on request, or a certificate issued by that organizing authority. The certificate must mention the qualification of the principal contractors and, if any, secondary, the purpose of the agreement, including the nature of the transport services performed, the duration of the agreement and the scope of the service.
4° A distinguishing signage for vehicles not exceeding nine seats, including the driver, assigned to public road public transport services of persons. It will have to mention the number of the transport licence with a true copy on board the vehicle. It shall be affixed to the front of the vehicle so as to be visible and allow control by the control officers. It shall be capable of being removed or obscured if the vehicle is used for any other activity than that of collective public road transport of persons.
II. ― Vehicles assigned to public road transport services of persons carry on the outside, in an apparent location, the name or acronym of the transport company.
III. ― Any employee of the public road transport of persons shall be given by the employer a written nominative mission order which shall be on board the vehicle throughout the journey, a copy to be retained by the company. At the end of the trip, the employee shall, if he wishes, keep the document worth the order of mission.
The form of this document is free, subject to the following mentions:
– scheduled hours and scheduled places of mission start;
― planned places and times of initial care and terminal removal of passengers;
- the summary indication of routes;
– planned hours and places of end of mission;
― indications relating to the taking of order in the course of a mission, possibly;
- mention of the nature of the services and, possibly, of benefits other than the conduct to be performed.
This obligation exempts urban transport of persons, toll transport of persons carrying out regular services on departmental or regional transport lines, and permanent private services.
For travellers subject to the obligation of a collective ticket provided for in 2° of the I, the latter may take place in order of mission provided that the above mentioned mentions are made.
IV. ― The control documents defined in 3° and 4° of I shall be prepared in accordance with the models defined by decision of the Director of Road Transport published in the Official Bulletin of the Ministry of Ecology, Sustainable Development, Transport and Housing.
V. ― The control documents cited at 2° and 3° of I and must be retained by the company for a period of two years in order to be submitted to any requisition of the control officers.
International transport.
2-1. Administrative transport titles.
General
I. ∙ Any bus or bus carrying out international road transport of persons shall be accompanied, according to the service carried out and without prejudice to the provisions relating to the specific regulation of certain types of transport, of the following documents:
- certified true copy of the Community licence for enterprises established in a State Party to the Agreement on the European Economic Area, pursuant to Article 4 of Regulation (EC) No. 1073/2009 referred to above;
- certified true copy of the transport licence 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 the States parties to the Interbus agreement approved by Council decision of 3 October 2002;
a true copy or an original of the transport authorization issued by the issuing authority or the competent authority pursuant to Articles 3, 4 and 8 of Decree No. 79-222 of 6 March 1979 referred to above, according to the regulations applicable in the European Union or according to the agreements with the non-member States of the European Union;
―the transport certificate for own account pursuant to Article 5 of Regulation (EC) No 1073/2009 referred to above.
Authorization of international road transport services
regular members of the European Union
II. ― Authorities referred to in I and provided for inarticle 3 of the decree of 6 March 1979 referred to above for the execution of international road transport services of passengers, from and to countries of the European Union and the European Economic Area, are governed by Regulation (EC) No 1073/2009 referred to above.
Authorization of international road transport services
of persons with third countries to the European Union
III. – Authorities referred to in I and planned forarticle 3 of the decree of 6 March 1979 referred to above for the execution of international road transport services of passengers, from and to third countries to the European Union and to the European Economic Area which are not governed by Regulation (EC) No 1073/2009 referred to above, are established in accordance with the models defined by decision of the Director of Road Transport published in the Official Bulletin of the Ministry of Ecology, Sustainable Development, Transport and Housing.
Applications for authorization referred to in the III must include the following information:
1° In the case of a regular service:
― the identity of carrier partners (name, social reason and address);
- the partnership contract between the partners designating, if any, the agent carrier;
- where applicable, the list of subcontracting carriers;
a copy of the community licence for resident enterprises in the European Union and the European Economic Community;
- according to international agreements, a copy of the authorization to practise the profession of public road carrier for resident enterprises in a third country;
the validity of the requested authorization;
― the operating period and frequency of the intended service, with indication of the departure days in each of the service terminus countries;
– the starting point of the service and the point of destination;
– the detailed route of the service, including places of departure and destination, crossings at border points, stops with care and removal of passengers, with, according to international agreements, indication of the precise places of taking and laying passengers (road bus, railway station, agencies....) ;
• schedules;
- rates;
– the pattern of driving and resting times for drivers to verify that the regulations on driving and rest times are well respected;
― clarifications regarding the nature and volume of traffic that partners are considering to ensure that this is an application for service creation, or that they have ascertained whether it is a renewal application;
- according to international agreements, an opportunity study for the creation of a new service or its maintenance in the case of a renewal;
- an appropriate scale map on which the itinerary and the indication of stops for the taking or removal of passengers are marked;
- according to international agreements, the terms and conditions for the reception and assistance of passengers in all centres served by the service;
- according to international agreements, the terms and conditions for the reception and assistance of passengers on boarding and landing;
― data proving that partners have the means in vehicles and drivers to ensure the service envisaged under good conditions the operation of the services according to the number of frequencies requested.
The applicant will also produce any document requested by the competent authority, both at the beginning of the instruction procedure and to respond to subsequent requests from the countries consulted.
2° In the case of a casual service for which an authorization is required:
― name and address of the requesting company;
- number of vehicles used;
― dates and places of entry and exit of French territory, specifying whether the routes are carried out in charge or empty;
- precise route in French territory;
― the evidence that the requesting company fulfils, in the State where it establishes, the conditions for admission to the profession of international passenger carrier by road.
Clean account transport certificate
within the European Union
IV. ― Transport on account, carried out pursuant to the above-mentioned Regulation (EC) No 1073/2009 shall be carried out under cover of the attestation referred to in I and provided for by these regulations, completed in three copies and supplemented by the regional prefect of the place of departure of carriage.
The original or certified copy of this certificate must be on board the vehicle throughout the transport.
2-2. Control documents.
General
I. ∙ Any bus or bus carrying out international road transport of persons shall be accompanied, according to the service carried out and without prejudice to the provisions relating to the specific regulation of certain types of transport, of the following documents:
- the document required by community regulations or international agreements for international occasional transport: roadmap or declaration;
- the first registration certificate required by the Interbus Agreement for Occasional Transport pursuant to Article 7 of Schedule II of this Agreement;
- for carriers operating a regular service, excluding regular specialized services, an individual or group transport title, indicating the departure and arrival points and, where applicable, the return, duration of validity of the transport title and the tariff of carriage;
- the contract for regular specialized services as defined by regulation (EC) No. 1073/2009 referred to above.
Occasional services within the European Union
II. ― The liberalized international casual services, pursuant to the regulations (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 and the Commission Regulation (EC) No 2121/98 of 2 October 1998, are executed under cover of the roadmap provided for by these regulations, completed in two copies and the original of which must be found throughout the service on board the vehicle used, a copy being kept for a period of two years in the company.
In the case of an occasional service operated by a group of carriers acting on behalf of the same order donor and possibly having an on-going correspondence made by passengers with another carrier of the same group, the original of the roadmap must be on board the circulating vehicle. A copy of the roadmap is kept on the premises of the location of each carrier.
In the case of local tours carried out by a carrier as part of an international occasional service carried out under the above-mentioned regulations, the roadmap for the international occasional service, in which the passengers were previously transported, must be on board the vehicle used.
Occasional services with third countries in the European Union,
liberalized or not, covered by Interbus or ASOR agreements
III. ― International casual services that are liberalized or not, pursuant to the provisions of the Agreement on International Occasional Passenger Services by Bus or by Bus, commonly referred to as the "EC/ASOR Agreement", or the Interbus Agreement, shall be executed, as the case may be, under the cover of the EEC/ASOR Roadmap or the Interbus Roadmap. The roadmap is filled in two copies, the original of which must be on board the vehicle used throughout the service.
Users of the EWC/ASOR or Interbus Roadmaps must return a copy of the document to the fallen quarter at the service of the Ministry of Transport to which their registration in the register of transport companies is registered. The same applies to notebooks of these road leaves, after their full use.
Liberalized casual services with third countries
to the European Union covered by bilateral agreements
IV. ― Liberalized international casual services, carried out by vehicles operated under bilateral agreements, by transport companies established in countries that do not belong to the European Union and not signatories to the EWC/ASOR agreement or the Interbus Agreement shall be executed under cover of a flight document provided for in the EWC/ASOR AgreementArticle 7 of Decree No. 79-222 of 6 March 1979, called a declaration issued by the carrier.
Such a statement should be duplicated. A copy of this statement must be on board the vehicle circulating on French territory. Users of declaration logs will have to return them to the distributor organization.
Bilateral agreements and protocols for the application of these agreements can define a declaration model and determine that this declaration is the subject of a prior visa. This visa can be obtained from the services of the Ministry of Transport, with which the company is registered in the public transport register of persons.
Informal services not liberalized with third countries
to the European Union covered by bilateral agreements
V. ― International casual services subject to authorization by means of vehicles operated by transport companies established in a country not belonging to the European Union and not signatories to the EWC/ASOR agreement or the Interbus Agreement shall be executed under cover of a control document defined by bilateral agreements, a copy of which shall be on board the vehicle circulating on French territory.
Method of issuance of oversight documents
VI. ― The roadmaps referred to in this section of this Order shall be issued to French carriers upon request, provided that they meet the conditions set out in the regulations in force for admission to the profession of public carrier of persons by road.
The certificates for the carriage on account referred to in Article 2-2-III above shall be issued and supplemented by the regional prefect of the place of departure of the carriage.
VII. ― Declaration books and roadmaps are issued to transport companies and foreign organizations, upon request, under the conditions set out in this article.
The statement is prepared in accordance with the model defined by decision of the Director of Road Transport published in the Official Bulletin of the Ministry of Ecology, Sustainable Development, Transport and Housing.
VIII. ― The French Association of International Road Carriers (AFTRI), the National Federation of Passenger Carriers (FNTV) and the National Union of Trade Union Organizations of Motor Vehicle Carriers (UNOSTRA) are responsible for the printing and issuance of the control documents for international road services of passengers by buses and buses referred to above.
AFTRI, FNTV and UNOSTRA record references to documents issued and their beneficiaries and are made available to the control officers.
Issuance of transport licences and certified true copies.
I. ― In France, the authorization to practise the profession allows the registration of the company in the national register of public road transport companies and the issuance of a community licence or an internal transport licence. These documents are kept in the premises of the company's headquarters.
The Community Transport Licence and its certified true copies are established in accordance with the models set out in Regulation (EC) No 1073/2009 dated 29 October 2009 referred to above.
The Inland Transport Licence and its certified true copies are established in accordance with the models defined by decision of the Director of Road Transport published in the Official Bulletin of the Ministry of Ecology, Sustainable Development, Transport and Housing.
II. ― Specific regimes: the internal transport licences and their certified true copies are marked with the following:
1° "Activity limited to school transport and on-demand transport, by means of a single vehicle not exceeding nine seats, including driver", pursuant to 4 a of Article 5 of the decree of 16 August 1985 referred to above ;
2° "Activity limited to regular transport or on demand, by means of a single vehicle not exceeding nine seats, including driver", pursuant to 4 b of Article 5 of the aforementioned decree;
3° "Activity carried out by small tourist road trains", pursuant to 4c of Article 5 of the aforementioned decree;
4° "Activity carried out by transport operators with a maximum of two vehicles", pursuant to 4d of Article 5 of the aforementioned decree;
5° "Activity carried out by taxi companies by means of a single vehicle not exceeding nine seats, including driver", pursuant to Article 5 of the above-mentioned decree;
6° "Activity carried out exclusively overseas" to companies carrying exclusively their overseas transport activity pursuant to Article 7 V of the aforementioned decree.
III. ― To be able to obtain certified copies of community licence or inland transport licenses, the company must apply the application by completing the CERFA form No. 14557.
Any subsequent application for certified true copies shall be made by the company according to the CERFA form No. 11413.
Licence renewal applications are made using the CERFA form No. 13437.
IV. ― CERFA forms are available from the regional directorates of the environment, development and housing (DREAL), the regional and interdepartmental management of the equipment and development of Ile-de-France (DRIEA), and the directorates of the environment, development and housing (DEAL) of the overseas departments and on the site of the ministry responsible for transport to the following address.
They can be transmitted to the above services in paper or electronic form, via the internet.
I. ― The decision of 14 February 1986 concerning the control of urban transport of persons and non-urban road transport of persons is repealed.
II. ― The decision of January 6, 1993 establishing a mission order document to be found on public road passenger vehicles is repealed.
III. ― The Order concerning the Implementing Provisions for International Passenger Road Transport of March 25, 1997 is repealed. However, authorizations issued in accordance with the model annexed to the above-mentioned Order remain valid until they expire.
IV. ― The Order of 28 February 1994, as amended by the Order of 25 January 1999, relating to the conditions under which inspection documents are used and issued for the performance of certain international road transport services of passengers other than scheduled services is repealed.
The Director of Transport Services is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E S
List of decisions BO...
1. Occasional service authorization model in inland transport for vehicles not exceeding nine seats, including the driver.
2. Attestation model issued by the transport authority.
3. Reference model for vehicles assigned to public road passenger services.
4. Authorization model for the execution of international road transport services for passengers, from and to third countries to the European Union and the European Economic Area.
5. Draft declaration for the execution of occasional international services liberalized under bilateral agreements, by transport companies established in countries not belonging to the European Union and not signatories to the EWC/ASOR agreement or the Interbus agreement.
6. Inland Transport Licence Model.
DRAFT DECISION BO No. 1
OCCASIONAL SERVICE AUTHORIZATION
Department:
TRANSPORT MINISTRY
AUTORISATION
for the execution of occasional public road transport services of people.
N°
Delivered to
Listed in the Register of Road Public Transport Companies for People in the Region
Under the number
This authorization allows the support for the journey going and back under the conditions provided by theArticle 34 of Decree No. 85-891 of 16 August 1985.
The validity of this authorization shall expire
A, the
Cachet du service :The Prefect :
RULES OF PRESENTATION
This card must be accompanied by the vehicle and must be submitted to any requisition of the officers responsible for the inspection.
This authorization is incessant. Any amendments or changes to the original indications would result in the prosecutions provided for in the applicable regulations.
The photocopy of this document is not allowed.
DRAFT DECISION BO No. 2
ORGANISATRICE AUTHORITY MODEL
TRANSPORT OR REQUEST
ATTESTATION
for the execution of regular services or at the request for public road transport of persons.
Identification of contractual partners (*):
Name of Transport Organizing Authority or Delegate Organizing Authority:
Name of the company or board carrying on the transport:
Where applicable, secondary (subcontractor) undertaking the transport service:
Purpose of the Convention: nature of the transport services carried out (regular, school, upon request):
Date of conclusion of the convention or date of deliberation establishing the transport authority:
Expiring:
Extended to the (scheduled return):
Perimeter of implementation of the convention (zone or territory of execution of the transport service):
Signatures:
A , on (date)
Transport Organizing Authority:The main operator:
The secondary operator (subcontractor):
DRAFT DECISION BO No. 3
SIGNALETICAL MODEL FOR VEHICLES WITH PUBLIC TRANSPORT SERVICES
COLLECTIF ROUTIER DE VOYAGEURS
Dimensions: 8 cm × 8 cm
You can consult the table in the
JOn° 302 of 30/12/2011 text number 124
Methods of composition and printing to precede: color references, printing paper, shaping.
DRAFT DECISION BO No. 4
AUTHORIZATION MODEL FOR EXECUTION OF INTERNATIONAL CARRIAGE SERVICES OF VOYAGTORS, IN PROVANCE AND DESTINATION OF TIERS COUNTRIES TO EUROPEAN UNION AND EUROPEAN ECONOMIC SPACE
TRANSPORT MINISTRY
AUTORISATION N° ...
regular service (1)
occasional service (1)
by bus and bus issued on the basis of Decree No. 79-222 of 6 March 1979 Published in the Official Journal of the French Republic of 18 March 1979
to:
1.
(Name, name or social reason and address of the business(s))
2.
3.
4.
5.
6.
Note: A supplementary list of companies may, if necessary, be attached to this authorization.
Expiry date:
Paris, le
(Location and date of issue)(Signature and stamp of the authority issuing the authorization)
1. Itinerary:
(a) Place of departure of service:
(b) Destination of service:
(c) Main route of the service, with the points of care and removal of underlined passengers:
2. Operating periods:
3. Frequency (1):
4. Schedules (1):
5. Rates (1):
6. Specific conditions or observations:
Note. ― Each driver shall have a minimum of nine consecutive hours of rest within each thirty-hour period. This rest is taken out of the coach or when the coach is at the stop.
(Cachet of the authority issuing the authorization).
Important notice
Note. ― An annex with an important notice, prepared by the issuing Authority, must be attached to this authorization for it to be valid.
Annex No. 1 to authorization No.
ITINÉRAIRE DU SERVICE
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| Arrival | | Departure |
Annex No. 2 to authorization No....
CONDITIONS OF EXPLOITATION OF SERVICE
The driver relay is carried out as follows in both directions:
| First | | |
| Second and third | | |
| Fourth and fifth | | |
RATES
| Adult | | |
| Child 4 to 12 | | |
| Child less 4 years | | |
Important notice
This notice must be attached to the authorization of international road transport of passengers in the direction of a third country to the European Union or to the European Economic Area.
1. This authorization is valid for the service route located in French territory. It is the beneficiary's responsibility to align themselves with the requirements in force on the territories of other countries affected by the service itinerary.
2. Authorization, or a certified copy by the authority issuing the document, shall be on board the vehicle for the duration of the trip and shall be submitted to any requisition of the inspection officers.
3. This authorization may not be used by a company that is not included in it.
4. Except as specified in the "Special Conditions and Observations" section of the authorization, no local traffic may be carried out in French territory.
In the case of a regular service:
1. The issuance of the authorization does not prejudge its renewal.
2. Each transport company must provide the operating results of year N for June 30 of year N + 1 for each traffic direction, in the number of passengers transported, passengers/km, buses used and vehicles/km.
In the case of an occasional service:
The driver of the bus used for the performance of the service shall be provided, in addition to the authorization:
- the EWC/ASOR roadmap, if it is a transport undertaking established in the territory of a contracting party to the ASOR agreement;
- the Interbus Roadmap, if it is a transportation undertaking established in the territory of a Contracting Party to the Interbus Agreement;
– the French pink roadmap, if it is a transport company established in the territory of a third country not contracting to the ASOR and Interbus agreements.
DRAFT DECISION BO No. 5
DECLARATION MODEL FOR THE EXECUTION OF INTERNATIONAL OCCASIONAL SERVICES LIBÉRALIZED IN THE FRAMEWORK OF BILATÉRAUX AGREEMENTS, BY TRANSPORT ENTREPRESENTATIVES IN COUNTRIES NOT AGAINST EUROPEAN AND NON-SIGNATIVE UNION OF THE EECUTIVE ACE
TRANSPORT MINISTRY
CARNET N°
INTERNATIONAL TRANSPORT OF TRAVELS
PAR ROUTE
OCCASIONAL TRANSPORT
not subject to authorization
STATEMENTS
(Implementation of Article 7 of the amended Decree of 6 March 1979)
Enterprise
Name (or social reason):
Full address:
Country of registration of the vehicle(s):
You can consult the table in the
JOn° 302 of 30/12/2011 text number 124
List of passengers
| 1 | 31 |
| 2 | 32 |
| 3 | 33 |
| 4 | 34 |
| 5 | 35 |
| 6 | 36 |
| 7 | 37 |
| 8 | 38 |
| 9 | 39 |
| 10 | 40 |
| 11 | 41 |
| 12 | 42 |
| 13 | 43 |
| 14 | 44 |
| 15 | 45 |
| 16 | 46 |
| 17 | 47 |
| 18 | 48 |
| 19 | 49 |
| 20 | 50 |
| 21 | 51 |
| 22 | 52 |
| 23 | 53 |
| 24 | 54 |
| 25 | 55 |
| 26 | 56 |
| 27 | 57 |
| 28 | 58 |
| 29 | 59 |
| 30 | 60 |
OBSERVATIONS OF CONTROL AGENTS
(Customs, police and transport controls)
DOUANE VISAS
DRAFT DECISION BO No. 6
INLAND TRANSPORT MODEL
You can consult the table in the
JOn° 302 of 30/12/2011 text number 124
You can consult the table in the
JOn° 302 of 30/12/2011 text number 124
You can consult the table in the
JOn° 302 of 30/12/2011 text number 124
You can consult the table in the
JOn° 302 of 30/12/2011 text number 124
Done on 28 December 2011.
For the Minister and by delegation:
The Director of Transport Services,
T. Guimbaud
