Key Benefits:
President of the Republic,
On the report of the Prime Minister, the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Justice and Freedoms,
Having regard to the Constitution, including article 38;
Vu le Criminal code ;
Vu le Code of Criminal Procedure ;
Vu le Consumer code ;
Considering the energy code;
Considering the environmental code;
Vu le Forest code ;
Vu le general code of territorial authorities ;
Vu le General Tax Code ;
Considering the rural code and the maritime fisheries;
Considering the transport code;
Considering the code of urban planning;
Vu le book of tax proceduresincluding articles L. 135 P and L. 263;
Vu la Act No. 2005-157 of 23 February 2005 modified on the development of rural territories;
Vu la Act No. 2006-11 of 5 January 2006 modified agricultural orientation;
Vu la Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment, including Article 256;
Considering the advice of the ministerial technical committee dated 29 November 2011;
Considering the opinion of the inter-ministerial water commission of 11 March 2011;
Considering the opinion of the National Council for Hunting and Wildlife of 17 March 2011;
The Council of State heard;
The Council of Ministers heard,
Order:
Chapter I on Book I
"Common Provisions"
In Book I of the Environmental Code, title II on information and citizen participation, chapter II "Environmental assessment" is amended as follows:
1° Section L. 122-3-1 is replaced by the following provisions:
"Art. L. 122-3-1.-The authority responsible for making the decision on authorization, approval or enforcement pursuant to the IV of Article L. 122-1 may appeal to the representative of the State in the department to exercise the powers provided for in Article L. 171-8";
2° Sections L. 122-3-4 and L. 122-3-5 are repealed.
In the same book I, title VI on the prevention and repair of certain damages is amended as follows:
A. ― Chapter II "Plant" is amended as follows:
1° The second paragraph of Article L. 162-13 is repealed;
2° Section L. 162-14 is replaced by the following provisions:
"Art. L. 162-14.-Where the operator has not taken the measures set out in sections L. 162-3 and L. 162-4 or has not implemented the repair measures prescribed under section L. 162-11, the authority referred to in section L. 165-2 shall implement the provisions set out in section L. 171-8. »
B. ― In chapter III, "criminal provisions", the provisions of sections 1 and 2 are repealed.
The same book I is supplemented by a title VII as follows:
“ITTRE VII
“Common PROVISIONS RELATIVE
CONTROL AND SANCTIONS
"Art. L. 170-1.-This Title sets out the conditions under which the controls of the facilities, works, works, operations, objects, devices and activities governed by this Code are exercised and the penalties applicable in the event of a breach or breach of the requirements of this Code.
"The special provisions relating to the controls and sanctions contained in the other titles of this book and in the other books of this Code deviate from or supplement these common provisions.
“Chapter I
“Administrative controls
and administrative police measures
“Section 1
“Administrative controls
"Art. L. 171-1.-I. ― Officials and officers responsible for the controls provided for in Article L. 170-1 shall have access to:
« 1° In enclosed spaces and premises hosting facilities, works, works, fittings, operations, objects, devices and activities subject to the provisions of this Code, excluding domiciles or part of residential premises. They may enter these places between 8 a.m. and 8 p.m. and, outside these hours, when they are open to the public or when the production, manufacturing, processing, use, packaging, storage, storage, storage, transport or marketing operations mentioned in this code are underway;
« 2° To the other places, at any time, where the activities subject to the provisions of this Code are carried out or are likely to be carried out;
« 3° To vehicles, vessels, boats, boats and aircraft used in a professional capacity for the possession, transport, conservation or marketing of animals, plants or any other product that may constitute a breach of the requirements of this Code.
“II. ― Officials and inspection officers may only have access to the home and part of the residential premises in the presence of the occupant and with the consent of the occupant.
"Art. L. 171-2.-I. ― Where access to the places referred to in 1° and 2° of I of Article L. 171-1 is denied to agents, or where the conditions of access set out in II of the same article are not met, visits may be authorized by order of the judge of freedoms and detention of the court of large instance in the jurisdiction of which the places or premises are located to visit.
"The order includes the address of the places to be visited, the name and quality of the agent(s) authorized to conduct the visits and the hours to which they are authorized to attend.
"The order is enforceable only in the minute.
“II. ― The order is notified on site at the time of the visit to the occupant of the premises or to his or her representative, who receives full copy against receipt or demarcation at the notice of visit. In the absence of the occupant of the premises or his representative, the order is notified, after the visit, by registered letter with a request for notice of receipt. The notification is deemed to be made on the date of receipt on the notice. If the order is not received, it shall be served by act of judicial officer.
"The notice includes a reference to the remedies and deadlines for appeal against the order that authorized the visit and the conduct of the visits. He also mentions that the judge who authorized the visit may have an application for a suspension or a stop to the visit.
"III. ― The visit is carried out under the authority and control of the judge of freedoms and detention who authorized it. The judge of freedoms and detention may, if he considers it useful, visit the premises during the intervention. At any time, it may decide to suspend or stop the visit. The referral of the Justice of Freedoms and Detention for the purpose of suspending or stopping visits has no suspensive effect.
"IV. ― The visit is carried out in the presence of the occupant of the premises or his representative, who may be assisted by counsel of his choice. In the absence of the occupant of the site, the visiting officers may only proceed to the site in the presence of two witnesses who are not placed under their authority.
"A verbatim record of the procedure and the conduct of the operation and consigning the findings made is immediately prepared by the officers who conducted the visit. The report is signed by these officers and by the occupant of the premises or, where appropriate, his representative and witnesses. In the event of a refusal to sign, mention is made in the minutes.
"The original record is, as soon as it has been established, addressed to the judge who authorized the visit. A copy of the same document is submitted or sent by registered letter with a request for a notice of receipt to the occupant of the premises or to his representative.
"The minutes mention the time limit and remedies.
"V. ― An order authorizing the visit may be appealed to the first president of the appeal court in accordance with the rules set out in the Civil Procedure Code. The parties are not required to form a lawyer.
"This appeal is filed by a statement submitted or addressed by registered fold to the court office within fifteen days. This deadline is short from notification of the order. This call is not suspensive.
"The Registry of the High Court shall promptly forward the case file to the Court of Appeal where the parties may consult it.
"The order of the first president of the Court of Appeal is subject to a cassation appeal, according to the rules provided by the Civil Procedure Code. The deadline for the cassation appeal is fifteen days.
"VI. ― The first president of the Court of Appeal has recourse to the conduct of visits authorized by the Judge of Freedoms and Detention in accordance with the rules laid down in the Code of Civil Procedure. The parties are not required to form a lawyer.
"The appeal shall be filed by a statement issued or addressed by registered plea to the court office within fifteen days. This period is short of delivery or receipt of the notice of visit. This appeal is not suspensive.
"The order of the first president of the Court of Appeal is subject to a cassation appeal according to the rules laid down in the Civil Procedure Code. The deadline for the cassation appeal is fifteen days.
« VII. ― This article is reproduced in the notice of the order of the judge of freedoms and detention authorizing the visit.
"Art. L. 171-3.-The officials and officers responsible for the controls may communicate and take copies of the documents that are related to the subject matter of the control, regardless of their support and in a few hands that they are located, and which are necessary for the fulfilment of their mission. They can only carry the original documents after establishing the list that is countersigned by their holder. The original documents are returned within one month after the check. When documents are computerized, officials and agents have access to software and data. They may request the transcription of this data by any appropriate processing in documents directly usable for the purposes of the control.
"Art. L. 171-4.-I. ― Staff members and supervisors may collect, upon convocation or on-site, information and justifications for the performance of their mission.
"Art. L. 171-5.-For the requirements of the controls they conduct, officials and public officials responsible for the controls may communicate spontaneously, without the professional secrecy to which they are, if any, held, information and documents held or collected in the course of their administrative police missions.
“Section 2
“ Administrative measures and sanctions
"Art. L. 171-6.-Where a supervisory officer shall prepare to the address of the competent administrative authority a report of facts contrary to the applicable requirements, under this Code, a facility, work, development, operation, object, device or activity, a copy thereof shall be given to the person concerned who may make representations to the administrative authority.
"Art. L. 171-7.- Regardless of the criminal proceedings that may be carried out, where facilities or works are operated, objects and devices are used or works, operations, activities or developments are carried out without having been the subject of the authorization, registration, approval, approval, approval, certification or declaration required in accordance with the provisions of this Code, or without having taken into account a declaration
"It may impose precautionary measures and suspend the operation of facilities and works or the continuation of work, operations or activities until it has been decided on the declaration or on the application for authorization, registration, approval, registration or certification.
"If, at the expiry of the time limit, the applicant has not been referred to the registrant, or if the application for authorization, registration, approval, registration or certification is rejected, or if it is opposed to the declaration, the competent administrative authority may:
« 1° Implement the provisions of Article L. II 171-8;
« 2° Order the closure or deletion of facilities or structures, the termination of work, operations or activities and the rehabilitation of the premises.
"Art. L. 171-8.-I. ― Regardless of the criminal proceedings that may be carried out, in the event of non-compliance with the requirements applicable under this Code to facilities, works, works, developments, operations, objects, devices and activities, the competent administrative authority shall place the person to whom the obligation to comply within a time limit it determines. In the event of an emergency, it sets out the necessary measures to prevent serious and imminent dangers to health, public safety or the environment.
“II. ― Where a stay is defined as work or operations to be carried out and the competent administrative authority may, at the expiry of the period for which the person concerned has not complied with the order:
« 1° Obliging it to record in the hands of a public accountant before a date that it determines an amount corresponding to the amount of work or operations to be performed. The amount recorded is returned as the work or operations are performed.
"This amount enjoys a privilege of the same rank as that provided for in theArticle 1920 of the General Tax Code. It is carried out its recovery as in respect of the claims of the foreign state to the tax and the estate. The accountant may initiate the notice procedure to third-party holders provided by theArticle L. 263 of the Tax Procedures Book.
"The opposition to the enforceable state taken under an order of consignation ordered by the administrative authority before the administrative judge has no suspensive character;
« 2° make the execution of the prescribed measures as an ex officio, in place and place of the person in question and at his or her own expense; amounts recorded under 1° are used to pay the expenses incurred;
« 3° Suspend the operation of the facilities and works, the completion of the work and operations or the exercise of the activities until the complete execution of the conditions imposed and take the necessary precautionary measures, at the expense of the person being kept;
« 4° Order the payment of a fine equal to €15,000 and a daily stay of not more than €1,500 applicable from the notification of the decision setting it and to the satisfaction of the stay. The provisions of the second and third paragraphs of the 1st apply to the astreinte.
"The fines and fines are proportionate to the severity of the breaches observed and take into account, among other things, the importance of the disorder caused to the environment.
"The fine cannot be pronounced more than a year from the observation of the breaches.
"The measures set out in 1°, 2° 3° and 4° above shall be taken after informing the interested party of the possibility of presenting his observations within a specified period of time.
"Art. L. 171-9.-Where the administrative authority has ordered a suspension action pursuant to the second paragraph of section L. 171-7 or the third paragraph of section L. 171-8, the operator is required to ensure to his staff, for the duration of the suspension, the payment of wages, allowances and remuneration of any kind to which he has been entitled so far.
"Art. 171-10.-The administrative authority, after having previously informed the prosecutor of the Republic, may, by a law enforcement officer, cause the seal to be affixed to facilities, works, objects or devices used for work, operations or activities, maintained in operation or in violation of a deletion, closure or suspension action taken under sections L. 171-7, L. 171-6-8,
"Art. L. 171-11.-Administrative decisions of a sanctioned nature pursuant to the provisions of this section shall be subject to full jurisdiction.
"Art. L. 171-12.-A decree in the Council of State sets out the conditions for the application of this section.
“Chapter II
“Research and recognition of offences
“Section 1
“Enhabilitation of law enforcement officers
of certain judicial police powers
"Art. L. 172-1.-I. ― In addition to judicial police officers and other public officials specially authorized by this Code, the authority is to seek and detect offences under the provisions of this Code and the laws made for its application and the provisions of this Code Criminal code relating to the abandonment of garbage, waste, materials and other objects public officials and agents assigned to the State departments responsible for the implementation of these provisions, or to the National Office for Hunting and Wildlife, the National Water and Aquatic Environment Office, national parks and the Marine Protected Area Agency.
"These agents are called environmental inspectors.
“II. ― To carry out the duties set out in I, environmental inspectors receive responsibilities divided into two categories:
« 1° The powers relating to water and nature that give them jurisdiction to investigate and note the offences set out in titles II, VI and VII of this book, chapters I to VII of title I of Book II, Book III, Book IV and titles VI and VIII of Book V of this Code and the texts taken for their application as well as the offences provided for in the Code Criminal code waste, materials and other objects;
« 2° The powers relating to facilities classified for the protection of the environment that give them jurisdiction to investigate and note the offences provided for in Articles II, VI and VII of this book, Book II and Titles I, II, III, IV, V and VII of Book V of this Code and the texts taken for their application.
"III. ― Environmental inspectors are commissioned by the administrative authority and sworn to search for and determine all or part of the offences mentioned in 1° or 2° of II of this article.
"The conditions for the application of this article are set by decree in the Council of State.
"Art. L. 172-2.-The officials and agents authorized to search for and observe the offences under this Code shall exercise their jurisdiction over their duty station or, when they have received a mission to a territory exceeding that jurisdiction, on the extent of the territory on which they have received a mission.
"Environmental inspectors may be temporarily associated with judicial police operations conducted by a service other than that in which they are assigned. For the duration of this mission, they are competent in the direction of the reception service.
"When required by the investigation, environmental inspectors may be transported to the jurisdictions of the courts of large instance adjacent to the region or the department of their administrative residence, as a result of the continuation of the search or finding initiated in their jurisdiction. Except in cases where the emergency does not permit, the prosecutor of the Republic of the place where the operations are pursued is previously informed and may object to it. In the event of an emergency, the Attorney of the Republic shall be notified without delay.
"Art. L. 172-3.-In enclosures under the Minister of Defence or subject to rules for the protection of national defence secrecy, offences under this Code are sought and found by agents designated by the Minister of Defence when the Minister is the administrative authority competent to exercise the police on facilities, structures, works, operations and activities governed by this Code.
“Section 2
"Research Operations
of offences
"Art. L. 172-4.-The officials and officials of the State and territorial authorities, and their public institutions, who are entitled to seek and determine offences under the provisions of this Code and the texts taken for its application, shall exercise their powers under the conditions provided for in this section.
"Deputy judicial police officers mentioned at theArticle 21 of the Code of Criminal Procedure are entitled to search for and detect offences under this Code under the conditions defined by the other books of this Code. They shall carry out such missions within and under the terms and conditions established by the Code of Criminal Procedure.
"Art. L. 172-5.-The officials and agents referred to in section L. 172-4 shall seek and observe the offences provided for in this Code in any place they are committed.
"However, they are required to inform the prosecutor of the Republic, who can oppose it, before accessing:
« 1° To establishments, professional premises and facilities in which production, manufacturing, processing, use, packaging, storage, storage, transport or marketing activities are carried out. They can't enter these places until 6 a.m. and after 9 p.m. Outside these hours, they access the premises when the premises are open to the public or when one of the above activities is underway;
« 2° To professional vehicles, vessels, boats, boats and aircraft used for the possession, transport, conservation or marketing of animals, plants or any other product that may be the subject of an offence under this Code.
"Homes and premises with residential parts may only be visited between 6 a.m. and 9 p.m., with the consent of the occupant or, if not, in the presence of a judicial police officer acting in accordance with the provisions of the Code of Criminal Procedure relating to home visits, searches and seizures of evidence. This consent must be the subject of a written statement by the person's hand or, if the person is unable to write, it shall be referred to in the minutes, as well as to his consent.
"Art. L. 172-6.-When looking for animals, plants or minerals, or their parts and products, taken in violation of the provisions of chapter I of Book III, chapters I and II of Title I and titles II and III of Book IV, the officials and agents referred to in Article L. 172-4 may follow them in all places where they were transported.
"However, they may only enter the domiciles or premises with parts for use of dwellings with the consent of the occupant expressed under the conditions laid down in Article L. 172-5 or, if not, with the permission of the judge of freedoms and detention of the court of large instance in whose jurisdiction the places to be visited are located.
"Art. L. 172-7.-Where an employee or officer referred to in section L. 172-4 intends to file a report against a person who refuses or is unable to justify his or her identity, the application of the report is madeArticle 78-3 of the Code of Criminal Procedure. During the time required for the information and decision of the judicial police officer, the alleged perpetrator of the offence is required to remain at the disposal of the observation officer.
"Art. L. 172-8.-The public servants and agents referred to in section L. 172-4 may collect, on summons or on-site, statements from any person who may bring useful elements to their findings. They're making a report. The persons heard themselves proceed to their reading, may have their observations recorded and sign them there. If they declare that they cannot read, they are read by the agent before signing. In case of refusal to sign the report, mention is made on the report.
"Art. L. 172-9.-For the purposes of the investigation they conduct, the officials and officers referred to in section L. 172-4 may communicate spontaneously, without any impediment to the professional secrecy to which they are, if any, held, information and documents held or collected in the course of their judicial police missions under this Code.
"Art. L. 172-10.-The officials and officers referred to in Article L. 172-4 may, in the performance of their duties, be required by the prosecutor of the Republic, the examining magistrate and judicial police officers in the performance of their duties.
"They are empowered to directly request the public force for the search or recognition of offences under this Code and the texts taken for its application.
"Art. L. 172-11.-The officials and agents referred to in Article L. 172-4 may request the communication, copy or make the seizure of documents of any nature that are related to the subject matter of the control, regardless of their support and in a few hands that they are located, and which are necessary for the fulfilment of their mission. When documents are in a computerized form, they have access to software and data; they may request the transcription, on site and immediately, by any appropriate processing in documents directly usable for the purposes of the control.
"They may also consult any documents necessary to carry out their mission to public administrations, institutions and bodies under the control of the State and territorial authorities.
"Art. L. 172-12.-The officials and agents referred to in Article L. 172-4 may:
« 1° Proceed to capture the object of the offence, including animals and plants, or parts and products obtained from them, minerals, weapons and ammunition, instruments and equipment used to commit or intended to commit the offence;
« 2° Proceed with the seizure of boats, motor vehicles and other vehicles used by the perpetrators of an offence to commit the offence, to travel to places where the offence was committed or to depart from it, or to transport the object of the offence.
"They mention seizures in the minutes.
"These provisions do not apply when the objects or devices have been consigned under section L. 172-15.
"The costs of transportation, maintenance and custody of seized objects are borne by the perpetrator of the offence.
"The seized animals or plants may be returned to the environment where they have been taken or to a environment that is compatible with their biological requirements.
"Art. L. 172-13.-When seized, officials and agents referred to in section L. 172-4 may destroy dead or unsustainable plants and animals.
"The judge of freedoms and detention of the territorially competent court of large court may order, by a reasoned decision taken at the request of the public prosecutor, the destruction of prohibited or prohibited instruments and equipment.
"The order authorizing destruction is notified to the Public Prosecutor's Office and the offender.
"This order is executed notwithstanding opposition or appeal.
"The destruction is found by minutes.
"Art. L. 172-14.-I. ― Officials and agents referred to in section L. 172-4 may collect or collect samples for analysis or testing. These samples are sealed.
"In the perimeter of a facility, the person in charge present or, if not, his representative is advised that he may attend the sampling. The absence of the official is not an obstacle to sampling.
“II. ― Samples are taken at least in duplicate and sent to an analysis laboratory. A copy is retained for counter-expertise purposes.
"The person being questioned or his or her representative is advised that he or she may proceed to the analysis of the retained copy. She submits her decision within five days of the date on which the results of the laboratory analysis were reported. After this period, the copy may be eliminated.
"When the author of the facts was not identified at the time of sampling, the observation officer appreciates whether a second analysis is necessary for the manifestation of the truth. Otherwise, the copy retained for counter-expertise is eliminated within the time limit set by the public prosecutor.
"Art. L. 172-15.-Where further investigations are necessary, the judge of freedoms and detention in the jurisdiction of which objects or devices are suspected of being non-compliant with the provisions of this Code and the texts taken for its application may, at the request of the public prosecutor of the Republic, authorize the officials and agents referred to in Article L. 172-4 to carry out their consignation of the time of such investigations.
"The consignation measure, whose duration may not exceed fifteen days, may, in case of particular difficulty, be renewed by a reasoned order.
"The judge of freedoms and detention may order the release of the summons at any time. This release is lawful in all cases where authorized officers have found compliance with the articles or devices contained in this Code and the texts taken for its application or compliance with those provisions.
"Recorded items are left to the custody of their holder.
"In the event of non-compliance, any costs are charged to the offender.
"Art. L. 172-16.- Offences to the provisions of this Code and the texts taken for its application shall be found by minutes which shall be held until proven otherwise.
"The minutes are sent within five days of their closure to the public prosecutor. A copy of the minutes shall be forwarded to the competent administrative authority within the same period.
"Art. L. 172-17.-A decree in the Council of State sets out the conditions for the application of this chapter.
“Chapter III
« Penal sanctions
"Art. L. 173-1.-I. ― Is punishable by one year's imprisonment and 75,000 euros in fines, without the authorization, registration, approval, certification or certification referred to in Articles L. 214-3, L. 512-1, L. 512-7, L. 571-2, L. 571-6 and L. 712-1 required for an act, activity, operation, installation or work, to:
« 1° Commit or exercise this activity;
« 2° Conduct or perform this operation;
« 3° Operate this installation or work;
« 4° Establish or participate in the establishment of such a facility or a facility.
“II. ― is punishable by two years' imprisonment and 100,000 euros' fine by using a facility or a work, carrying out an activity or carrying out work referred to in the articles cited in the first paragraph, in violation of:
« 1° A decision made pursuant to Article L. 214-3 of opposition to declaration or refusal of authorization;
« 2° A measure of withdrawal of an authorization, registration, approval or certification referred to in Articles L. 214-3, L. 512-1, L. 512-7, L. 571-2, L. 571-6 and L. 712-1;
« 3° A measure of closure, deletion or suspension of a facility under section L. 171-7 or section L. 171-8;
« 4° An order, suspension or ban imposed by the court pursuant to Article L. 173-5;
« 5° A restraining measure imposed by the administrative authority under section L. 171-7 or section L. 171-8.
"Art. L. 173-2.-I. ― Is punishable by one year's imprisonment and 15,000 euros in fines by the continuation of an operation or activity, the operation of a facility or work or the realization of work subject to declaration, authorization or derogation pursuant to articles L. 332-3, L. 332-9, L. 332-17, L. 411-2, L. 413-3 and L. 512-8 and to report pursuant to
“II. ― is punishable by two years' imprisonment and 100,000 euros' fine with the continuation of an operation or activity, the operation of a facility or work or the conduct of work subject to declaration, authorization or derogation pursuant to sections L. 331-4, L. 331-4-1, L. 331-16 and L. 412-1 without complying with article 171 or L.
"Art. L. 173-3.-When they have seriously affected the health or safety of persons or caused a substantial degradation of fauna and flora or the quality of air, soil or water:
« 1° The commission of a work, the operation of a facility, the conduct of work or activity subject to authorization, registration or declaration, without meeting the requirements laid down by the administrative authority during the performance of this formality, shall be punished by two years imprisonment and 75,000 euros fine;
« 2° The facts provided for in Article L. 173-1 and Article L. 173-2 are punishable by three years imprisonment and 150,000 euros fine;
« 3° The facts provided for in Article L. 173-2 are punishable by five years imprisonment and 300,000 euros fine.
"Art. L. 173-4.-The obstruction of the duties of officials and officials authorized to carry out administrative or research and finding of offences under this Code is punishable by six months' imprisonment and 15,000 euros' fine.
"Art. L. 173-5.-In the event of a conviction for an offence under this Code, the court may:
« 1° Where the operation, work, activity, use of a work or facility originating from the offence is subject to authorization, registration, declaration, approval or certification, decide on their termination or suspension for a period not exceeding one year;
"2° Order, within a period of time it determines, measures to rehabilitate the places to which it was infringed by the facts in question or to repair the damage caused to the environment. The injunction can be combined with a daily stay of not more than €3,000, for not more than three months.
"The court may decide that these measures will be carried out ex officio at the operator's expense. In such a case, it may order the operator's summons in the hands of a public accountant of an amount that meets the amount of work to be performed.
"Art. L. 173-6.-Where the court ordered a suspension measure, and during the period of the suspension, the operator is required to ensure to his staff the payment of salaries, allowances and remuneration of any kind to which he was entitled so far.
"Art. L. 173-7.-People guilty of the offences provided for in this Code shall also be liable as a supplementary penalty:
« 1° The display and the dissemination of the pronounced decision, under the conditions specified in theArticle 131-35 of the Criminal Code ;
« 2° The confiscation of the thing that served or was intended to commit the offence, or of the thing that is the direct or indirect product, under the conditions provided for in theArticle 131-21 of the Criminal Code ;
« 3° Capitalization, for a period not exceeding one year, of the vehicle, vessel, vessel, vessel or aircraft used by the convicted person to commit the offence, if the owner of the offence;
« 4° Prohibition of professional activity in the fiscal year or in the fiscal year in which the offence was committed, for a period not exceeding five years, under the conditions provided for in articles 131-27 to 131-29 of the Criminal Code.
"Art. L. 173-8.-The legal persons recognized criminally responsible under the conditions provided for in theArticle 121-2 of the Criminal Code criminal offences provided for in this Code shall, in addition to the fine under the conditions specified in theArticle 131-38 of the Criminal Code, the penalties set out in 3°, 4°, 5°, 6°, 8° and 9° of section 131-39 of the same code as that provided for in 2° of that same article, which, if pronounced, applies to the activity in the fiscal year or in the fiscal year of which the offence was committed.
"Art. L. 173-9.-Les provisions of articles 132-66 to 132-70 of the Criminal Code on adjournment with injunction shall apply to natural persons and legal persons in the event of conviction for an offence under this Code.
"The court may attach a limit of 3,000 euros per day of delay.
"Art. L. 173-10.-The provisional execution of the additional penalties imposed under this Code may be ordered.
"Art. L. 173-11.-The prosecutor of the Republic may make by a law enforcement officer the affixing of the seals on facilities, works, objects or devices used for work, operations, fittings or activities, maintained in operation in violation of a measure taken under the 1st of Article L. 173-5 or Article L. 173-8.
"The judge may order the removal of the summons at any time.
"Art. L. 173-12.-I. ― The administrative authority may, as long as the public action has not been put in motion, transfer with natural persons and legal persons on the prosecution of offences and offences provided for and punished by this Code.
"The transaction proposed by the administration and accepted by the perpetrator of the offence must be approved by the public prosecutor.
“II. ― This faculty is not applicable to contraventions of the first four classes for which public action is extinguished by the payment of a lump sum fine under theArticle 529 of the Code of Criminal Procedure.
"III. ― The transaction proposal is determined on the basis of the circumstances and severity of the offence, the personality of the perpetrator, and its resources and expenses.
"It specifies the transactional fine that the perpetrator of the offence will have to pay, the amount of which cannot exceed one third of the amount of the fine incurred, and, where applicable, the obligations imposed on the offender, to discontinue the offence, to avoid its renewal, to repair the damage or to bring the place into compliance. It also sets the deadlines for payment and, where applicable, the fulfilment of obligations.
"IV. ― The act by which the Public Prosecutor agrees to the proposed transaction is interrupted by the requirement of public action.
"Public action is extinguished when the perpetrator of the offence has performed within the time limit the full obligations resulting from the acceptance of the transaction.
"V. ― The terms and conditions for the application of this article are set by decree in the Council of State.
“Chapter IV
Miscellaneous provisions
"Art. L. 174-1.-A decree in the Council of State sets out the conditions for the application of this title to facilities, works, works, operations and activities under the Minister of Defence or subject to rules for the protection of the secrecy of national defence. »
Chapter II on Book II
« Physical Milieux »
In Book II of the same code, title I relating to water and marine aquatic environments is amended as follows:
A. ― Chapter VI Sanctions is thus amended:
1° The title of the chapter is thus written: Provisions relating to controls and sanctions;
2° Section L. 216-3 is replaced by the following provisions:
Art. L. 216-3.-In addition to the officers and judicial police officers and environmental inspectors referred to in Article L. 172-1, they are entitled to seek and observe offences under chapters I to VII of this title and the texts and decisions taken for their application:
1° State forest officers commissioned because of their forest expertise and sworn to this effect;
2° Officers of the National Forestry Board commissioned on the basis of their forest expertise and sworn to this effect;
3° Nuclear safety inspectors designated under Article L. 592-22;
4° Sworn researchers, engineers and technicians of the French Research Institute for the Exploitation of the Sea;
5° Assistant port officers and port officers;
6° Field guards;
7° Customs agents;
8° Coast Guards referred to in Article L. 322-10-1, acting under the conditions provided for in this article;
9° The agents of the natural reserves referred to in Article L. 332-20, acting under the conditions provided for in this article. ;
3° Section L. 216-4 is replaced by the following provisions:
Art. L. 216-4.-All fees induced by controls, expertise or analysis shall, in the event of conviction, be charged to the operator or, if not, the owner. ;
4° Section L. 216-5 is replaced by the following provisions:
Art. L. 216-5.-Where the offence has the effect of destroying the spawning, growing or feeding areas of the fishermen's fauna, or impairing the ecological continuity or minimum flow of the watercourse, a copy of the report referred to in Article L. 172-16 is addressed, for information, to the president of the departmental federation of approved freshwater associations and the protection of the aquatic environment and to the president of the ;
5° In the second paragraph of Article L. 216-6, the words: by Article L. 216-9 are replaced by the words: by Article L. 173-9;
6° Section L. 216-7 is replaced by the following provisions:
Art. L. 216-7.-Est punishable by 75,000 euros to fine the use of a work without complying with the relevant provisions:
1° The movement of migratory fish, planned or arrested under Article L. 214-17 and the provisions to which they substitute;
2° Minima flow, planned or stopped under Article L. 214-18;
3° At the rate assigned to use of public utility, arrested under Article L. 214-9. ;
7° The first paragraph of Article L. 216-13 is replaced by the following provisions:
In the event of non-compliance with the requirements imposed under articles L. 211-2, L. 211-3 and L. 214-1 to L. 214-6, the judge of freedoms and detention may, at the request of the public prosecutor, acting on his or her own motion or at the request of the administrative authority, the victim or an authorized association for the protection of the environment, order for a period of not more than three months to the physical persons concerned and
In the event of opening of an information, the examining magistrate is competent to take the measures provided for in the first paragraph under the same conditions.
The decision is made after hearing of the interested person, or his summons to appear within 48 hours, as well as the administrative authority, the victim, or the approved environmental protection association, if requested.
It is enforceable by provision and terminates by decision of the judge of freedoms and detention or when the decision on the merits has become final.
The person concerned or the prosecutor of the Republic may appeal the decision of the judge of freedoms and detention within 10 days of notification or service of the decision.
The presiding officer of the board of inquiry or the court of appeal, who is seized within 24 hours of notification of the decision of the examining magistrate or the correctional court, may suspend the decision until it is decided on the appeal, without the time limit exceeding twenty days. ;
8° Sections L. 216-1, L. 216-8 to L. 216-12 and L. 216-14 are repealed.
B. ― In Chapter VII National Defence, in Article L. 217-1, the words: L. 216-3 and L. 216-4 are replaced by the words: and the provisions of Chapter II of Title VII of Book I.
C. ― In Chapter VIII Special provisions for marine waters and open waterways to maritime navigation, Article L. 218-30 is supplemented by a paragraph thus written:
The capital decision taken by the judicial authority may be contested within five days from the date of its notification, by request of the person concerned before the judge of freedoms and detention of the court of large instance before the investigation.
In the same book II, title II relating to air and atmosphere is amended as follows:
A. ― Chapter VI "Controls and sanctions" is thus amended:
1° Section L. 226-2 is replaced by the following provisions:
"Art. L. 226-2.-In addition to the officers and judicial police officers and environmental inspectors referred to in Article L. 172-1, they are entitled to seek and observe offences under the provisions of this title and the texts and decisions taken for their application:
« 1° The agents of competition, consumption and the suppression of fraud, who have the powers provided for in Book II of the Consumer Code;
« 2° Customs agents;
« 3° Central laboratory engineers and technicians and police safety inspectors. » ;
2° Articles L. 226-1, L. 226-3 to L. 226-5 and I, II, III, V and VI of Article L. 226-8 are repealed;
3° Section L. 226-9 is amended as follows:
(a) The first paragraph is repealed;
(b) In the second paragraph, the words: "of Article L. 228-8" are replaced by the words: "articles L. 171-7 or L. 171-8" and the words: "of six months in prison and 7 500 euros in fine" are replaced by the words: "of two years in prison and 75,000 euros in fine";
(c) The last paragraph is repealed;
4° Sections L. 226-10 and L. 226-11 are repealed.
B. ― In Chapter IX, "Green Effects", in the second paragraph of Article L. 229-42, the reference to Article L. 514-1 is replaced by the reference to Article L. 171-8.
Chapter III on Book III
« Natural spaces »
In Book III of the same Code, title II on the shoreline, Chapter II "Conservatoire de l'espace littoral et des rivages lacustres" is thus amended:
1° Section L. 322-10-1 is amended as follows:
(a) An "I. ―" is added at the beginning of the article;
(b) The article is supplemented by the following provisions:
“II. ― Coast Guards with the status of public servants or public officials are empowered to observe in the marine area of the area under the Conservatory of Lands and Lake shores the infringements of regulations relevant to the protection of this area and the violations of the police of releases defined in sections L. 218-11 to L. 218-19 and section L. 218-73 of this Code.
"III. ― Coast Guards exercise their competence over the entire area of the Conservatoire de l'espace littoral et des rivages lacustres in the department of their administrative residence.
"For the exercise of their judicial police mission, coastal guards who do not have the capacity of an official or public officer have the powers set out in sections L. 172-7, L. 172-8, L. 172-12 and L. 172-16. They are competent to detect offences in any place they are committed, without access to premises and means of transport. » ;
2° The first paragraph of section L. 322-10-3 is repealed.
In the same book III, title III relating to parks and reserves is amended as follows:
A. ― Chapter I National Parks is thus amended:
1° In the first paragraph of Article L. 331-18, the words: agents of the public establishment of the national park, commissioned for this purpose by the administrative and sworn authority are replaced by the words: environmental inspectors referred to in Article L. 172-1;
2° Article L. 331-19 is amended as follows:
(a) In I, the words: National park officers are empowered to observe in the maritime area of these parks are replaced by the words: The environmental inspectors referred to in Article L. 172-1, assigned to national parks, are entitled to observe in the marine area of national parks;
(b) The 1°, 2° 3° and 4° of the II are replaced by the following:
1° Offences to the water and radial police defined in articles L. 5242-1 and L. 5242-2 of the Transport Code;
2° Offences to the release police defined in articles L. 218-11 to L. 218-19 and L. 218-73 of this Code;
3° Offences to the maritime signage police defined in articles L. 5336-15 and L. 5336-16 of the transport code;
4° Crimes against the police of marine cultural property Articles L. 544-5 to L. 544-7 of the Heritage Code ; ;
(c) IV and V are repealed;
3° Article L. 331-24 is amended as follows:
(a) In I, the words: in articles L. 331-18 and L. 331-20 are replaced by the words: in article L. 172-1;
(b) II is deleted;
4° In the first paragraph of Article L. 331-26, the words: 30,000 euros of fine are replaced by the words: 75,000 euros of fine and the references to articles L. 331-4, L. 331-4-1, L. 331-6 and L. 331-15 are replaced by the references to articles L. 331-4, L. 331-4-1, L. 331-15, L. 331-15, L.
5° In subsection 2 of section VII, section L. 331-27 is replaced by the following provisions:
Art. L. 331-27.-The fact, for the owner or operator of lands or structures to oppose the execution of works or measures for the restoration of ecosystems prescribed or ordered by the public establishment of the national park pursuant to section L. 331-9 is punishable by two years imprisonment and 75,000 euros fine;
6° The first paragraph of Article L. 331-28 is amended as follows:
(a) References to articles L. 331-4, L. 331-4-1, L. 331-5, L. 331-6 and L. 331-16 are replaced by references to articles L. 331-4, L. 331-4-1, L. 331-5, L. 331-6, L. 331-14, L. 331-15 and L. 331-16;
(b) The words: without prejudice to the application of Article L. 341-20 of this code, are deleted;
7° Sections L. 331-21 to L. 331-23 and L. 331-25 are repealed.
B. ― Chapter II Natural reserves is thus amended:
1° The title of section 4 is as follows: Criminal Provisions;
2° Section L. 332-20 is replaced by the following provisions:
Art. L. 332-20.-I. ― The agents of the natural reserves are empowered to search and observe, in the territory of the reservation in which they are assigned, the offences under this chapter.
They are commissioned for this purpose by the administrative authority and sworn.
On-reserve officers who do not have the status of a public servant or agent shall act under the conditions set out in sections L. 172-7 and L. 172-8, L. 172-12 and L. 172-16 and may find any offence in any place committed, without access to premises and means of transportation.
II. - In addition to judicial officers and police officers, the environmental inspectors referred to in Article L. 172-1 and the agents of the natural reserves are empowered to observe in the territory of the natural reserves the offences mentioned in I:
1° Customs agents;
2° State forest officers commissioned because of their forest expertise and sworn to this effect;
3° Officers of the National Forestry Board commissioned on the basis of their forest expertise and sworn to this effect;
4° Field guards;
5° When the protection measures relate to the marine public domain or territorial waters, the officers authorized by section L. 942-1 of the Rural Code and Maritime Fisheries Act to determine the regulatory offences relating to the exercise of the marine fishery as well as the officials responsible for the police of the marine public domain and territorial waters. ;
3° Section L. 332-22 is amended as follows:
(a) In I, the words: Natural reserve agents are empowered to observe in the maritime zone these reserves are replaced by the words: In the marine area of natural reserves, the environmental inspectors referred to in Article L. 172-1 assigned to these reserves and the agents of natural reserves are entitled to observe;
(b) The 1°, 2° 3° and 4° of the II are replaced by the following:
1° Offences to the water and radial police defined in articles L. 5242-1 and L. 5242-2 of the Transport Code;
2° Offences to the release police defined in articles L. 218-11 to L. 218-19 and L. 218-73 of this Code;
3° Offences to the maritime signage police defined in articles L. 5336-15 and L. 5336-16 of the transport code;
4° Crimes against the police of marine cultural property Articles L. 544-5 to L. 544-7 of the Heritage Code ; ;
(c) IV and V are repealed;
4° In the second paragraph of article L. 332-22-1, the words: in article L. 332-20 are replaced by the words: articles L. 172-1 and L. 332-20;
5° In article L. 332-25, the reference to article L. 332-12 is deleted;
6° In the first paragraph of Article L. 332-27, the words: in Article L. 341-20 are replaced by the words: in Article L. 341-19;
7° Sections L. 332-21, L. 332-23, L. 332-25-1 and L. 332-26 are repealed.
C. ― Chapter IV Marine Protected Areas and Marine Natural Parks Agency is amended as follows:
1° Article L. 334-6 becomes Article L. 334-2-1 which completes section 1 of the same chapter. It is thus modified:
(a) In the first paragraph of I, the words: I. ― Without prejudice to the competence of officers and judicial police officers and other specially authorized officers, may be sought and found in the marine nature park by the officers of the public establishment responsible for the marine natural parks are replaced by the words: In addition to judicial officers and police officers, the environmental inspectors referred to in Article L. 172-1 assigned to a marine natural park are empowered to search and observe, in the marine protected areas referred to in Article L. 334-1, III;
(b) The first is thus written:
1° Offences to the water and radial police defined in articles L. 5242-1 and L. 5242-2 of the Transport Code; ;
(c) The 3rd is thus written:
3° Offences to the maritime signage police defined in articles L. 5336-15 and L. 5336-16 of the transport code; ;
(d) At 9° of I, the reference to Article L. 415-1 is replaced by the reference to Article L. 415-2;
(e) II is repealed;
2° In the second paragraph of Article L. 334-7, the words: in Article L. 334-6 are replaced by the words: in Articles L. 172-1 and L. 334-6.
In the same book III, title IV on sites, the single chapter "Registered and Classified Sites" is thus amended:
1° Section L. 341-19 is replaced by the following provisions:
"Art. L. 341-19.-I. ― Is punished by six months imprisonment and 30,000 euros fine:
« 1° Conducting work on a natural monument or a registered site without notifying the administration under the conditions set out in the last paragraph of Article L. 341-1;
« 2° The alienation of a natural monument or a classified site without making known to the purchaser the existence of the classification or without notifying this alienation to the administration under the conditions laid down in Article L. 341-9;
« 3° The establishment of a servitude on a natural monument or a site classified without the approval of the administration under the conditions laid down in Article L. 341-14.
“II. ― is punishable by one year's imprisonment and 150,000 euros in fines by amending the state or appearance of a natural monument or a site pending classification or classified, in disregard of the requirements enacted by the authorizations provided for in Articles L. 341-7 and L. 341-10.
"III. is punished by two years imprisonment and 300,000 euros fine:
« 1° Changing the state or appearance of a natural monument or site pending classification without the authorization provided for in Article L. 341-7;
« 2° destroying a natural monument or a classified site or altering its state or appearance without the authorization provided for in Article L. 341-10;
« 3° Failure to comply with the requirements laid down by a decree establishing a protection area under section 19 of the Act of 2 May 1930, which is intended to reorganize the protection of natural monuments and sites of an artistic, historical, scientific, legendary or picturesque character and continuing to produce its effects in accordance with theArticle L. 642-9 of the Heritage Code.
2° Section L. 341-20 is replaced by the following provisions:
"Art. L. 341-20.-In addition to the officers and judicial police officers and environmental inspectors referred to in Article L. 172-1, they are entitled to investigate and note the offences under this heading:
« 1° State forest officers commissioned because of their forest expertise and sworn to this effect;
« 2° Officers of the National Forestry Board commissioned on the basis of their forest expertise and sworn to this effect;
« 3° Coast Guards referred to in Article L. 322-10-1, acting under the conditions provided for in this article;
« 4° The agents of the natural reserves referred to in Article L. 332-20, acting under the conditions provided for in this article. » ;
3° Section L. 341-21 is repealed.
In the same book III, under title VI on access to nature, chapter II "Motorized Circulation" is amended to read:
1° It is created a section 1 entitled “Restrictions on motorized traffic” comprising articles L. 362-1 to L. 361-4 and a section 2 entitled “Criminal provisions” including articles L. 362-5 to L. 362-7;
2° Section L. 362-5 is replaced by the following provisions:
"Art. L. 362-5.-In addition to judicial officers and police officers and environmental inspectors referred to in 1° of II of Article L. 172-1, they are entitled to seek and observe violations of the provisions of the first paragraph of Article L. 362-1, of the last paragraph of Article L. 362-3 and of the provisions made pursuant to Articles L. 2213-4 and L. 2215-3 of the General Code of Territorial Communities :
« 1° State forest officers commissioned because of their forest expertise and sworn to this effect;
« 2° Officers of the National Forestry Board commissioned on the basis of their forest expertise and sworn to this effect;
« 3° Field guards;
« 4° Deputy judicial police officers mentioned at theArticle 21 of the Code of Criminal Procedureperforming these missions within and under the terms and conditions established by the Code of Criminal Procedure ;
« 5° Coast Guards referred to in Article L. 322-10-1, acting under the conditions provided for in this article;
« 6° The agents of the natural reserves referred to in Article L. 332-20, acting under the conditions provided for in this article. » ;
3° Section L. 362-6, the second paragraph of section L. 362-7 and section L. 362-8 are repealed.
Chapter IV on Book IV
« Faune et flore »
In book IV of the same code, title I relating to the protection of natural heritage is thus modified:
A. ― Chapter IV "Conservation of natural habitats, wildlife and wildlife" is thus amended:
1° Section L. 414-5 is replaced by the following provisions:
"Art. L. 414-5. - The administrative control of the planning document, programme or project of activities, works, developments, structures or installations or of the event or intervention to be evaluated of the Natura 2000 implications is carried out under the conditions set out in chapter I, section 1, of heading VII of Book I.
"The provisions of chapter I, section 2, of title VII, of Book I shall apply where a planning document, program or project of activities, works, developments, works or facilities or a demonstration or intervention is carried out without an assessment of the Natura 2000 implications, without the authorization or declaration provided for in section L. 414-4 or lack of knowledge of the authorization issued or issued. » ;
2° After L. 414-5, an article L. 414-5-1 is created as follows:
"Art. L. 414-5-1. - I. ― Where an assessment of the Natura 2000 implications is provided for under the III, IV or IV bis of section L. 414-4, is punishable by six months' imprisonment and 30,000 euros' fine in carrying out a program or project of activities, work, development, work or installation or a demonstration or intervention without complying with the required section authorization to make the declaration
“II. ― These penalties are doubled when the offence referred to in I has caused damage to natural habitats or plant or animal species that have justified the designation of the Natura 2000 site(s) concerned by the completion of the program or project of activity, work, development, work or installation or manifestation or intervention. »
B. ∙ Chapter V "Criminal Provisions" is amended as follows:
1° Section L. 415-1 is replaced by the following provisions:
"Art. L. 415-1. - In addition to judicial police officers and environmental inspectors referred to in Article L. 172-1, they are entitled to seek and determine the offences defined in Article L. 415-3:
« 1° State forest officers commissioned because of their forest expertise and sworn to this effect;
« 2° Officers of the National Forestry Board commissioned on the basis of their forest expertise and sworn to this effect;
« 3° Field guards;
« 4° Customs agents;
« 5° Deputy judicial police officers mentioned at theArticle 21 of the Code of Criminal Procedureperforming these missions within and under the terms and conditions established by the Code of Criminal Procedure ;
« 6° Where protection measures relate to the marine public domain or territorial waters, the officers authorized by Article L. 942-1 of the Rural Code and Maritime Fisheries Act to determine violations of the regulations on the exercise of the marine fishery as well as officials responsible for the police of the marine public domain and territorial waters;
« 7° The agents of the natural reserves referred to in Article L. 332-20 acting under the conditions provided for in this article;
« 8° Coast Guards referred to in Article L. 322-10-1, acting under the conditions provided for in this article. » ;
2° Section L. 415-3 is amended as follows:
(a) In the first paragraph of 1°, the words "or prescriptions" are added after the words "bans" and the words "or individual decisions" added after the words "regulations";
(b) At 2°, the words "and individual decisions" were added after the words "regulations";
(c) At 3°, the words "and individual decisions" were added after the words "regulations";
(d) At 5°, the words "and individual decisions" were added after the words "regulations";
3° Section L. 415-4 is replaced by the following provisions:
"Art. L. 415-4. - In the event of a finding of the offence provided for in the 5th of Article L. 415-3, the judge of freedoms and detention may, on the request of the public prosecutor acting on his or her own behalf or at the request of the administrative authority, the victim or an authorized association for the protection of the environment, order for a period of not more than three months to the natural persons and legal persons concerned any useful measures, including suspension or suspension or
"If an information is opened, the examining magistrate is competent to take the measures provided for in the first paragraph under the same conditions.
"The decision is made after hearing the interested person or his summons to appear within 48 hours and, at their request, after hearing the administrative authority, the victim, or the approved environmental protection association.
"It is enforceable by provision and terminates, as the case may be, by a decision of the judge of freedoms and detention or the investigating judge, or where the decision on the merits has become final.
"The person concerned or the prosecutor of the Republic may appeal the decision of the judge of freedoms and detention within ten days of the notification or meaning of the decision.
"The presiding officer of the board of inquiry or the court of appeal, who is seized within 24 hours of notification of the decision of the examining magistrate or the correctional court, may suspend the decision until it is decided on the appeal, without the time limit exceeding twenty days. » ;
4° Sections L. 415-2 and L. 415-5 are repealed.
In the same book IV, title II on hunting is amended as follows:
A. ― In L. 420-4, the words: "Articles L. 421-1 and L. 428-24" are replaced by the words: "Article L. 421-1".
B. ― Chapter I " Hunting Organization" is amended as follows:
The second paragraph of Article L. 421-6 is replaced by the following provisions:
"When dealing with offences under this heading, the minutes issued by the officials and officers referred to in article L. 172-4, by the lieutenants of the louveterie and by the private policemen shall be sent in a copy to the president of the departmental or interdepartmental federation concerned. »
C. ― In Chapter III "Permit to Hunt", in Article L. 423-26, the words "by the agents mentioned in 1° and 2° of I of Article L. 428-20" are replaced by the words "by the environmental inspectors mentioned in Article L. 172-1 and by the agents mentioned from 1° to 4° of Article L. 428-20".
D. ― Chapter VIII "Penal Provisions" is amended as follows:
1° Article L. 428-5 is amended as follows:
(a) I is thus written:
"I. ― Is punishable by one year's imprisonment and 15,000 € to fine the commission of one of the following offences by being disguised or masked, having taken a false identity, having used it to persons of violence that did not result in a total interruption of work or a total interruption of work less than eight days or having used a vehicle, regardless of its nature, to go to the place of the offence or
« 1° Hunt on the ground of others without his consent, if this land is adjacent to a manned or housed house and if it is surrounded by a continuous fence obstructing any communication with the neighbouring heritages;
"2° Break on the hunting reserves approved by the State or established pursuant to Article L. 422-27;
« 3° Break in prohibited time or during the night;
"4° Shrew by means of prohibited devices or devices or by means other than those authorized by articles L. 424-4 and L. 427-8, or hunt in the heart or integral reserves of a national park or in a natural reserve in contravention of the regulations applicable therein;
« 5° Use drugs or baits that are likely to injure game or destroy it;
« 6° Hold or be found equipped or carrying, outside of his home, prohibited nets, gears or hunting instruments. » ;
(b) In the first paragraph of II, the words: "a to d" are replaced by the words: "in the first paragraph";
(c) In III, the words "in the meaning of Article L. 428-6" are deleted;
2° Section L. 428-20 is replaced by the following provisions:
"Art. L. 428-20. - In addition to judicial officers and police officers and environmental inspectors mentioned in Article L. 172-1, they are entitled to seek and determine offences under the provisions of this title and the laws taken for its application:
« 1° State forest officers commissioned because of their forest expertise and sworn to this effect;
« 2° Officers of the National Forestry Board commissioned on the basis of their forest expertise and sworn to this effect;
« 3° Chambord National Area Officers commissioned to observe forest, hunting or fishing offences;
« 4° Field guards;
« 5° Louveterie lieutenants;
« 6° The agents of the natural reserves referred to in Article L. 332-20 acting under the conditions provided for in this article;
« 7° Coast Guards referred to in Article L. 322-10-1, acting under the conditions provided for in this article. »
3° Article L. 428-29 is amended as follows:
(a) In the first paragraph, the words: "The following officers: judicial police officers, police and military officers of the gendarmerie non-judicial police officers, officers mentioned in the 1st and 3rd I of Article L. 428-20" are replaced by the words: "Judicial police officers and police officers and environmental inspectors referred to in Article L. 172-1";
(b) The second paragraph is repealed;
4° Sections L. 428-6, L. 428-7, L. 428-7-1, L. 428-9 to L. 428-11, L. 428 19, L. 428-22, L. 428 24, L. 428-25, L. 428-27, L. 428-28 and L. 428-30 to L. 428-33 are repealed.
E. ― In Chapter IX, in Article L. 429-1, the words "of the first and second paragraphs of the article" are deleted.
In the same book IV, title III relating to freshwater fishing is amended as follows:
A. ― In Chapter II, "Preservation of aquatic environments and protection of fishery heritage", the second paragraph of Article L. 432-2, the last paragraph of Article L. 432-3, section L. 432-4 is repealed.
B. ― In Chapter VI, "Terms and Conditions for the Exercise of the Law of Fishing", section L. 436-17 is repealed.
C. ― Chapter VII "Additional Criminal Provisions" is amended as follows:
1° Section L. 437-1 is replaced by the following provisions:
"Art. L. 437-1.-I. ― In addition to judicial officers and police officers and environmental inspectors referred to in Article L. 172-1, they shall be entitled to seek and observe offences under the provisions of this title and the texts taken for its application:
« 1° State forest officers commissioned because of their forest expertise and sworn to this effect;
« 2° Officers of the National Forestry Board commissioned on the basis of their forest expertise and sworn to this effect;
« 3° Chambord National Area Officers commissioned to observe forest, hunting or fishing offences;
« 4° Field guards;
« 5° Deputy judicial police officers mentioned at theArticle 21 of the Code of Criminal Procedureperforming these missions within and under the terms and conditions established by the Code of Criminal Procedure ;
« 6° The agents of the natural reserves referred to in Article L. 332-20 acting under the conditions provided for in this article;
« 7° Coast Guards referred to in Article L. 322-10-1, acting under the conditions provided for in this article.
“II. ― The commissioned officers of the National Water and Aquatic Environments Board may control the conditions under which, beyond the water salt limit, fishing fish species alternately in freshwater and saltwater.
"III. ― may also seek and determine offences under the provisions of this title and the texts taken for its application by customs officers as well as the agents referred to in Article L. 942-1 of the Rural and Maritime Fisheries Code. » ;
2° Section L. 437-4 is replaced by the following provisions:
"Art. L. 437-4.-When dealing with offences under this heading, the minutes of the public servants and agents referred to in L. 172-4 and the private fishing guards shall be sent in a copy to the president of the departmental federation of approved associations for the fisheries and protection of the aquatic environment and to the president of the registered association of professional freshwater fishermen. » ;
3° The third paragraph of Article L. 437-13 is replaced by the following provisions:
"The provisions of the first paragraph of Article L. 437-7, Article L. 172-10 and Article L. 172-12 as it relates to the seizure of fishing instruments and fish are applicable to sworn private fishing guards. » ;
4° The second paragraph of Article L. 436-6, Articles L. 437-2, L. 437-3, L. 437-5, L. 437-6, L. 437-8 to L. 437-12, L. 437-14 to L. 437-17, L. 437 20, L. 437-21, the second sentence of the last paragraph of Article L. 437-22 and L. 437-23 are repealed.
Chapter V on Book V
"Prevention of pollution, risks
and nuisance »
In book V of the same code, title I relating to classified facilities is amended as follows:
A. ― Chapter IV "Control and litigation of classified facilities" is thus amended:
1° Articles L. 514-1 to L. 514-3 are repealed;
2° In Article L. 514-4, the reference to Article L. 514-1 is replaced by the reference to Article L. 171-8;
3° The first four and sixth paragraphs of Article L. 514-5 are repealed;
4° In the first paragraph of Article L. 514-6, after the words: "taking into effect of the articles" are inserted the references: "L. 171-7, L. 171-8 and L. 171-10" and the references: "L. 513-1 to L. 514-2" are replaced by the reference: "L. 513-1";
5° Section L. 514-9 is replaced by the following provisions:
"Art. L. 514-9.-In addition to the officers and judicial police officers and environmental inspectors referred to in Article L. 172-1, the nuclear safety inspectors designated under Article L. 592-22 are entitled to seek and observe offences under this heading. » ;
6° Article L. 514-10 is repealed;
7° Section L. 514-11 is amended as follows:
(a) I, II and III are replaced by the following:
"I. ― The failure to comply with the order of detention under Article L. 512-19 is punishable by two years of imprisonment and 150,000 euros of fine. » ;
(b) IV becomes II;
8° Articles L. 514-12 to L. 514-15 and L. 514-18 are repealed;
B. ― In Chapter VI "Financial Provisions", in the last paragraph of Article L. 516-1, the words "in Article L. 541-26" are replaced by the words: "at 4° of Article L. 171-8" and the words: "at Article L. 514-1" are replaced by the words: "at 1° of Article L. 171-8".
In the same book V, title II on chemicals is amended as follows:
A. ― Chapter I "Chemical Control" is amended as follows:
1° After L. 521-11, an article L. 521-11-1 is inserted as follows:
"Art. L. 521-11-1. - I. For the purposes of their monitoring missions of the measures provided for in this chapter, the inspection officers may collect samples for the purpose of conducting tests or tests by a laboratory.
"Sample sampling shall be carried out in the presence of the establishment director or his representative if the control is carried out in a manufacturing or storage facility or if the substances or products subject to the sampling are packed in bulk. The substances or products being collected are inventoried and left to the holder's custody. These operations are the subject of a report, a copy of which is given to the holder.
“II. ∙ For the purposes of their monitoring missions of the measures provided for in this chapter, the control officers may order the consignment of substances or mixtures, or of manufactured products or equipment containing them, pending the results of the controls of their compliance with the provisions of this chapter and those taken for its application.
" Substances, mixtures, manufactured products or equipment are left to the care of their owners. The consignation measure cannot exceed fifteen days.
"If the person refuses to comply or if the time limit for consignation is not sufficient, the judge of the freedoms and detention of the court of large instance in the jurisdiction where the substances, mixtures, manufactured products or equipment are held may, on the referral of the competent chief of service and by reasoned order, decide to move beyond the refusal of the person concerned to grant an extension or
"The judge of freedoms and detention may order the release of the summons at any time. The designation shall be waived by the authorized officer as long as the conformity of the substances or mixtures, or of the manufactured products or equipment recorded in the regulations to which they are subjected is established.
"III. a decree in the Council of State specifies the conditions for the application of this article. » ;
2° The title of section 2 is replaced by the following title: "Research and Finding of Offences";
3° Section L. 521-12 is replaced by the following provisions:
"I. ― In addition to judicial officers and police officers and environmental inspectors referred to in Article L. 172-1, are empowered to search for and detect offences under the provisions of this chapter and the texts taken for its application:
« 1° The agents of competition, consumption and the suppression of fraud, who have the powers provided for in Book II of the Consumer Code;
« 2° Labour inspectors and controllers;
« 3° Customs agents;
« 4° The other agents mentioned to theArticle L. 1312-1 of the Public Health Code ;
« 5° Inspectors of the French Health Safety Agency of Health Products mentioned in theArticle L. 5313-1 of the Public Health Code ;
« 6° Veterinary inspectors;
« 7° Public officials and public officials authorized for the control of plant protection referred to in Article L. 250-2 of the Rural and Maritime Fisheries Code;
« 8° Officers authorized to conduct technical inspections on board aircraft;
« 9° The administrators and inspectors of maritime affairs, the officers of the technical and administrative corps of maritime affairs, the controllers of maritime affairs and the trustees of the seafarers, the commanders, the second commanders and the second officers of the state buildings and the captains of the state aircraft responsible for the monitoring at sea;
« 10° Nuclear safety inspectors of the Nuclear Safety Authority designated under Article L. 592-22;
« 11° Sworn and designated by the Minister of Defence for this purpose. » ;
4° Sections L. 521-13 and L. 521-14 are replaced by the following:
"Art. L. 521-13. - The research and observation operations provided for in Article L. 521-12 relate to substances such as or contained in mixture, article, product or equipment.
"Art. L. 521-14. - All costs incurred by the analysis or testing of samples that have been levied under section L. 172-14 shall, in the event of conviction, be borne by the holder of substances such as or contained in a mixture, an article, product or equipment. » ;
5° Section L. 521-15 is repealed;
6° After the third paragraph of Article L. 521-19, it is inserted a paragraph as follows:
"The opposition to the enforceable state taken under an order of consignation or contempt ordered by the administrative authority before the administrative judge has no suspensive character. » ;
7° The III to V of section L. 521-21 and section L. 521-22 are repealed.
B. ― Chapter II "Controlling the marketing of biocide active substances and marketing authorization for biocide products" is amended as follows:
1° Section L. 522-15 is amended as follows:
(a) The reference to Article L. 521-22 is deleted;
(b) The article is supplemented by the following provisions:
"For the purposes of their search and finding of offences under the provisions of this chapter, officials and agents referred to in Article L. 521-12 may carry out the operations provided for in Article L. 521-11-1 under the conditions set out in that section. » ;
2° The provisions of Article L. 522 16 III and IV are repealed.
C. ― Chapter III "Health and Environment Risk Prevention from Exposure to Nanoparticular Substances" is thus amended:
1° Section L. 523-4 is replaced by the following provisions:
"Art. L. 523-4. - In the event of a breach of the obligations set out in sections L. 523-1 and L. 523-2, the administrative authority may order the payment of a fine not more than €3,000 and a daily charge of € 300 from the notification of the decision setting it and to the satisfaction of the obligation.
"The fine cannot be pronounced more than a year from the observation of the breaches.
"The opposition to the enforceable state taken under an administrative authority's order to the administrative judge has no suspensive character. » ;
2° The chapter is supplemented by articles L. 523-6 and L. 523-8 as follows:
"Art. L. 523-6. - The provisions of Article L. 521-11-1 are applicable to the control of substances in the nano-particular state referred to in Article L. 523-1.
"Art. L. 523-7. - The provisions of articles L. 521-12 to L. 521-20 shall apply to the search for and recognition of offences under this chapter.
"For the purposes of their search and recognition missions for these offences, officials and agents referred to in Article L. 521-12 may carry out the operations provided for in Article L. 521-11-1 under the conditions set out in that section. »
"Art. L. 523-8. - A decree in the Council of State specifies the conditions and conditions for the application of this chapter. »
In the same book V, title III relating to genetically modified organisms is amended as follows:
A. ― Chapter V "Control and administrative sanctions", sections L. 535-5 and L. 535-8 are repealed.
B. ― Chapter VI "Criminal Provisions" is amended as follows:
1° Section L. 536-1 is replaced by the following provisions:
"Art. L. 536-1.-In addition to the officials and agents mentioned in Article L. 172-4, are entitled to seek and determine the offences of the provisions of this title and the texts taken for its application the officials of the technical bodies of the State, the officers holding a technical patent or the agents commissioned for that purpose and sworn in under conditions fixed by decree in the Council of State. » ;
2° Sections L. 536-6 and L. 536-7 are repealed.
In the same book V, title IV on waste is amended to read:
A. ― Chapter I "Treat Prevention and Management" is amended as follows:
1° Section L. 541-3 is amended as follows:
(a) In I, the 5th is supplemented by the following:
"The fine cannot be pronounced more than a year from the observation of the breaches. » ;
(b) In IV, the reference: "L. 514-1" is replaced by the reference: "L. 171-8";
2° At the penultimate paragraph of Article L. 541-10-2:
(a) The words: "is accomplished by systems to which these people contribute financially" are replaced by the words: "is assured by systems to which the persons mentioned in the first paragraph contribute financially";
(b) In the last sentence, the word "article" is replaced by the word "paragraph";
3° Section L. 541-44 is replaced by the following provisions:
"Art. L. 541-44. - In addition to judicial police officers and environmental inspectors referred to in Article L. 172-1, they shall be entitled to seek and determine offences under the provisions of this chapter and the laws taken for its application:
« 1° The agents of competition, consumption and the suppression of fraud, who have the powers provided for in Book II of the Consumer Code;
« 2° Customs agents;
« 3° The other agents mentioned to theArticle L. 1312-1 of the Public Health Code ;
« 4° Sworn researchers, engineers and technicians of the French Research Institute for the Exploitation of the Sea;
« 5° Deputy judicial police officers mentioned at theArticle 21 of the Code of Criminal Procedureperforming these missions within and under the terms and conditions established by the Code of Criminal Procedure.
4° Section L. 541-45 is replaced by the following provisions:
"The provisions of Article L. 172-5 for the search and recognition of offences under this chapter are not applicable to residential premises";
5° 10° of I and VI of Article L. 541-46 and Article L. 541-47 are repealed.
B. ― Chapter II "Special provisions for the sustainable management of radioactive materials and wastes", section L. 542-2-2 is replaced by the following provisions:
"Art. L. 542-2-2. - I. Offences to the requirements of Articles L. 542-2 and L. 542-2-1 are sought and found by the officials and agents referred to in Article L. 541-44, by the nuclear safety inspectors and by public officials and agents commissioned for this purpose by the Minister for Energy and sworn.
"II. ― Failing to comply with the requirements of Article L. 542-2 and Article L. 542-2-1 shall be punished by the penalties provided for in Article L. 541-46.
"III. ― Without prejudice to the application of the sanctions provided for in the 8th of Article L. 541-46, the administrative authority may impose a monetary penalty at the most equal, within ten million euros, to the fifth of the income derived from the transactions carried out irregularly. The decision on the sanction is published in the Official Gazette.
"The sums are recovered as the claims of the foreign state to tax and estate. »
In the same book V, title V relating to the specific provisions of certain works or installations is amended as follows:
A. ― In chapter I, "Langer Study", section L. 551-4 is replaced by the following provisions:
"Art. L. 551-4.-In addition to the officers and judicial police officers and environmental inspectors referred to in Article L. 172-1, they are entitled to seek and observe offences under this chapter:
« 1° The agents mentioned in Article L. 1252-2 of the Transport Code;
« 2° The agents referred to in Article L. 5336-3 of the Transportation Code. »
B. ― In Chapter III "Eoliennes", in the second paragraph of Article L. 553-3, the words "consignation provided for in Article L. 514-1" are replaced by the words "consignation provided for in Article L. 171-8 II".
C. ― Chapter IV "Safety of underground, air or subaquatic networks of transport or distribution", the last two sentences of Article L. 554-4 are deleted.
D. ― Chapter V "Gas, hydrocarbon and chemical transport pipelines" is thus amended:
1° Section L. 555-17 is replaced by the following provisions:
"Art. L. 555-17.-The officials or agents of the State services responsible for the monitoring of the transport lines referred to in Article L. 555-1 may carry out any investigations that may be relevant to the exercise of their mission under the conditions laid down in Articles L. 171-1 to L. 171-3."
2° In the first paragraph of Article L. 555-18, after the words: "the competent administrative authority may" are inserted the words: "to enforce the provisions of Article L. 171-8";
3° Section L. 555-20 is replaced by the following provisions:
"Art. L. 555-20.-The failure to comply with the obligation of Article L. 555-18 is punishable by one year's imprisonment and a fine of Euro150,000. » ;
4° Are repealed:
(a) 1° to 4° of II and III, IV and V of Article 555-18;
(b) The last sentence of I and II of article L. 555-23;
(c) Article L. 555-24.
In the same book V, title VII on the prevention of sound nuisance, chapter I "Noise control" is thus amended:
1° Section L. 571-17 is repealed;
2° Article L. 571-18 is amended as follows:
(a) I is replaced by the following:
"I. ― In addition to judicial officers and police officers and environmental inspectors referred to in Article L. 172-1, are empowered to investigate and determine offences under the provisions of this chapter and the texts and decisions taken for its application:
« 1° The agents of competition, consumption and the suppression of fraud, who have the powers provided for in Book II of the Consumer Code;
« 2° Customs agents;
« 3° For the purposes of section 2 of this chapter and excluding operations under sections L. 172-14 and L. 172-15, the agents referred to inArticle L. 1312-1 of the Public Health Code.
(b) In II, the words "and are loaded" are replaced by the words "are loaded";
3° Section L. 571-19 is replaced by the following provisions:
"Art. L. 571-19.-The provisions of Article L. 172-5 for the search and recognition of offences under this chapter are not applicable to residential premises."
4° Sections L. 571-21 to L. 571-26 are repealed.
In the same book V, title VIII on the protection of the framework of life, chapter I "Advertising, teaching and preaching" is thus amended:
1° The title of section 6 is as follows: "Administrative and Criminal Sanctions Provisions";
2° In II of Article L. 581-34, the words: "or obstructing the performance of the controls or the performance of the functions of the agents provided for in Article L. 581-40" are deleted;
3° Article L. 581-40 is amended as follows:
(a) The 5° of I is replaced by the following:
« 5° Officials and agents of the State and its public institutions, commissioned for this purpose and sworn; »
(b) I is supplemented by the following:
« 8° Officials and agents referred to in Article L. 341-20 of this Code, commissioned and sworn;
« 9° The agents of the natural reserves referred to in Article L. 332-20 acting under the conditions provided for in this article;
« 10° Coast Guards referred to in Article L. 322-10-1, acting under the conditions provided for in this article. » ;
(c) II is repealed.
In the same book V, under title IX on nuclear security and basic nuclear facilities, in article L. 596-25, the words "by articles L. 216-4, L. 216-5, L. 514-5 and L. 514-13" are replaced by the words "by the provisions of chapter II of title VII of Book I".
Chapter VI on Book VI
" Provisions applicable in New Caledonia, French Polynesia, Wallis-et-Futuna, French Southern and Antarctic Lands, Mayotte and Saint-Martin"
Book VI of the same code is amended as follows:
A. ― In the second paragraph of Article L. 624-3, the words: "six months of imprisonment and 9,000 euros of fine" are replaced by the words: "one year of imprisonment and 15,000 euros of fine".
B. ― In the second paragraph of Article L. 635-3, the words "six months of imprisonment and 9,000 euros of fine" are replaced by the words "one year of imprisonment and 15,000 euros of fine".
C. ― In I of Article L. 640-1, the words "and L. 412-1 to L. 415-5" are replaced by the words ", L. 412-1 to L. 413-15, L. 414-9 to L. 414-11, L. 415-1 and L. 415-3".
D. ― Section L. 653-2 is amended as follows:
1° In the first paragraph, the words: "in addition to the agents mentioned in these provisions" are replaced by the words: "in addition to the officials and agents mentioned in Article L. 172-4";
2° In the second sentence of the second paragraph, the words "by Book III" are replaced by the words "by Article L. 172-16".
E. ― Article L. 654-9 is amended as follows:
1° In the first paragraph, the words: "in addition to the agents mentioned in these provisions" are replaced by the words: "in addition to the officials and agents mentioned in Article L. 172-4";
2° In the second sentence of the second paragraph, the words "by Book IV" are replaced by the words "by Article L. 172-16".
Chapter I concerning the alignment of provisions other than those of the Environmental Code
The Public Health Code is amended to read:
1° Au 2° of Article L. 1324-1 of the Public Health Code, the words: "At 1°, 2°, 5°, 8° and 9° of I and in II of Article L. 216-3 of the Environmental Code are replaced by the words: "at Article L. 172-4 of the Environmental Code";
2° In section L. 5150-1, references to articles L. 536-1 to L. 536-8 of the Environmental Code are replaced by references to articles L. 536-1 to L. 536-5 and L. 536-8 of the Environmental Code.
The Rural and Maritime Fisheries Code is amended as follows:
1° In the second sentence of Article L. 253-14, the words: "the agents mentioned in 1°, 2°, 5° and 9° of Article L. 216-3 of the Environmental Code" are replaced by the words: "the officials and agents mentioned in Article L. 172-4 of the Environmental Code";
2° In the last paragraph of Article L. 256-2, the words: "the agents listed in 1° and 2° I of Article L. 216-3 of the Environmental Code" are replaced by the words: "the officials and agents mentioned in Article L. 172-4 of the Environmental Code".
The energy code is thus modified:
1° In article L. 211-7, the words "in articles L. 226-2 to L. 226-5 of the same code" are replaced by the words "in chapter II of title VII of Book I of the same code";
2° Article L. 222-9:
(a) In the first paragraph, the words: "at 2° of Article L. 226-2" are replaced by the words: "at L. 172-1" and the words: "at articles L. 226-3 and L. 226-5 of the same code" are replaced by the words: "in chapter II of title VII of Book I of the same code";
(b) In the last paragraph, the reference to section L. 226-10 of the Environmental Code is replaced by the reference to section L. 173-8 of the Environmental Code.
The transport code is thus modified:
1° In section L. 1252-11, references to articles L. 541-44 to L. 541-48 of the environmental code are replaced by references to articles L. 541-44, L. 541-46 and L. 541-48 of the environmental code;
2° In Article L. 4271-1, the reference to Article L. 216-1 of the Environmental Code is replaced by the reference to Article L. 171-8 of the Environmental Code;
3° In the last paragraph of section L. 5334-11, the reference to section L. 216-1 of the environmental code is replaced by the reference to section L. 171-8 of the environmental code.
Section L. 135 P of the Tax Procedures Book is amended as follows:
1° The words: "in accordance with the third paragraph of Article L. 216-4 of the Environmental Code" are deleted;
2° The words: "L. 214-18, L. 216-6 to L. 216-8, and L. 216-10 to L. 216-12 of the above-mentioned code" are replaced by the words: "L. 214-18 and L. 216-6 of the above-mentioned code".
I. ― Section 44 of the above-mentioned Act of 5 January 2006 is amended as follows:
1° At 1°, the reference to Article L. 322-10-3 is replaced by the reference to Article L. 172-16;
2° At 2°, the words "under the conditions provided for in articles L. 331-18, L. 331-21, L. 331-22, L. 331-24 and L. 332-21" are replaced by the words "in the conditions provided for in articles L. 172-16, L. 331-18 and L. 331-24".
II. ― In the last paragraph of section 46 of the above-mentioned Act of 13 June 2006, the words: "articles L. 216-4, L. 216-5, L. 514-5 and L. 514-13 of the Environmental Code" are replaced by the words: "the provisions of chapter II of title VII of Book I of the Environmental Code".
Chapter II on transitional provisions
I. ― Sections 1 to 26 of this Order come into force on July 1, 2013.
II. ― Sections L. 171-7 and L. 171-8 of the Environmental Code, as a result of section 1 of this Order, apply to breaches as of July 1, 2013.
Public servants and agents commissioned to search for and note infringements of the provisions of the Environmental Code prior to July 1, 2013 remain competent to perform these functions until they are commissioned under the new provisions of the Environmental Code provided for in this Order.
The Prime Minister, the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Justice and Freedoms, are responsible, each with respect to him, for the application of this Order, which will be published in the Official Journal of the French Republic.
Done on 11 January 2012.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
