Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Overseas,
Having regard to the Constitution, including articles 38 and 74;
Vu le environmental code ;
Vu le general code of territorial authorities ;
Vu le Criminal code ;
Vu le Code of Criminal Procedure ;
Vu le road code ;
Vu la Act No. 2013-1029 of 15 November 2013 bringing various overseas provisions, including article 3;
Vu le environmental code Saint-Barthélemy;
Considering the referral of the territorial council of Saint-Barthélemy dated 10 April 2014;
The Council of State heard;
The Council of Ministers heard,
Order:
The environmental code of Saint-Barthélemy is thus modified:
I. ― After chapter 3 of title 1st, a chapter 4 is created as follows:
“Chapter 4
“Community controls provisions
and sanctions
“Section 1
“Research and recognition of offences
"Art. L. 141-1.-In addition to judicial officers and police officers, community officials and public environmental institutions, who are empowered to investigate and detect offences under the provisions of this Code and the texts adopted for its application, exercise their competence under the conditions set out in this chapter.
"Community officials and public institutions responsible for the environment are commissioned by the President of the Territorial Council and sworn to search for and observe all or part of the offences referred to in the preceding paragraph.
"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. 141-2.-The officials and agents referred to in Article L. 141-1 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. 141-3.-When looking for animals, plants or minerals, or their parts and products, taken in violation of the provisions of Title 9, officials and agents referred to in Article L. 141-1 may follow them in all places where they have been 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 set out in the preceding article or, if not, with the permission of the judge of freedoms and the detention of the court of large instance in which the places to be visited are located. In the event of a nullity, the decision of the Justice of Freedoms and Detention specifies the qualification of the offence whose evidence is sought and the address of the places in which such transactions may be carried out; This decision is based on reference to the factual and legal evidence that these transactions are necessary. The operations are carried out under the control of the magistrate who authorized them, and who may travel to the premises to ensure compliance with the legal provisions. Such transactions may not, unless null and void, have any other purpose other than the search and recognition of the offences referred to in the decision of the judge of freedoms and detention or the seizure of the property referred to in the first paragraph.
"Art. L. 141-4.-Where an employee or officer referred to in section L. 141-1 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. 141-5.-The officials and agents referred to in Article L. 141-1 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. 141-6.-For the purposes of the investigation they conduct, the officials and officers referred to in Article L. 141-1 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. 141-7.-The officials and officers referred to in Article L. 141-1 may, in the course of their duties, be required by the public prosecutor, the investigating judge and the judicial police officers.
"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. 141-8.-The officials and agents referred to in Article L. 141-1 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 organizations under the control of the community.
"Art. L. 141-9.-The officials and agents referred to in Article L. 141-1 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. 141-12.
"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. 141-10.-When seized, officials and agents referred to in section L. 141-1 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. 141-11.-I. ― Officials and agents referred to in section L. 141-1 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. 141-12.-Where further investigations are necessary, the judge of freedoms and detention in the jurisdiction of which objects or devices suspected of being non-compliant with the provisions of this Code and the texts taken for its application may, at the request of the prosecutor of the Republic, authorize the officials and agents referred to in Article L. 141-1 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. 141-13.- 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. 141-14.-A decree in the Council of State sets out the conditions for the application of this section.
“Section 2
« Penal sanctions
"Art. L. 142-1.-Est punishable by one year's imprisonment and 75,000 euros in fines, without authorization, referred to in sections 321-1 and 621-1, 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.
"Art. L. 142-2.-For the purposes of this Code, obstructing the functions of officials and officials authorized to carry out administrative control or search and finding of offences shall be punished by six months' imprisonment and 15,000 euros' fine.
"Art. L. 142-3.-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 euros, 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. 142-4.-Where the court ordered a suspension measure, and during the period of the suspension, the operator is required to provide his staff with the payment of salaries, allowances and remuneration of any kind to which he was entitled so far.
"Art. L. 142-5.- Physical persons 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. 142-6.- Legal persons recognized criminally responsible under the conditions provided for inArticle 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. 142-7.-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. 142-8.-The provisional execution of additional penalties imposed under this Code may be ordered.
"Art. L. 142-9.-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, arrangements or activities, maintained in operation in violation of a measure taken under the 1st of Article L. 142-3 or Article L. 142-6.
"The judge may order the removal of the summons at any time.
"Art. L. 142-10.-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 him, to stop the offence, to avoid its renewal, to repair the damage or to bring the place to 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.
"Art. L. 142-11.-The provisions of articles L. 121-4, L. 234-1, L. 325-2, L. 325-3, L. 325-6 to L. 325-8 and L. 417-1 the road code shall apply to vehicles in violation of the provisions of chapters 2 of headings 2 and 4 and to the orders made for their application.
"Art. L. 142-12.-Penal sanctions and the provisions of criminal procedure contained in the environmental code applicable in metropolis and overseas departments do not find effect in Saint-Barthélemy. »
II. ― After Chapter 6 of Title 2, a chapter 7 is created as follows:
“Chapter 7
“Sanctions
"Art. L. 271-1.-Est punished by six months imprisonment and 9 000 euros fine:
« 1° Failure to comply with any of the requirements or prohibitions imposed by the regulation of the natural reserve provided for in Article 251-6;
« 2° Changing the state or appearance of the places pending classification in a natural reserve without the authorization provided for in section 251-9;
« 3° Failing to make known the existence of a natural reserve classification, under the conditions provided for in section 251-10;
« 4° The fact of destroying or modifying in their state or aspect the territories classified as a natural reserve without the authorization provided for in section 251-13 or in unknowingness of the IV of the same article;
« 5° The violation of the prohibition of advertising actions under section 251-17;
« 6° Failure to comply with the requirement to bury electrical or telephone networks under the conditions set out in section 251-18;
« 7° The violation of the protection perimeter requirements under Article 251-19.
"Art. L. 271-2.-I. ― Is punished by six months imprisonment and 30,000 euros fine:
« 1° The conduct of work on a natural monument or site without notice to the administration under the conditions set out in sections 261-6 and 261-11;
« 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 provided for in section 261-10;
« 3° The establishment of a servitude on a natural monument or a site classified without the approval of the administration provided for in section 261-17.
“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 breach of the requirements set out in sections 261-6 and 261-11.
"III. is punished by two years imprisonment and 300,000 euros fine:
« 1° making modifications to a natural monument or site pending classification in violation of section 261-6 of this code;
« 2° The destruction or modification in its condition or appearance of a natural monument or a site classified without the authorization provided for in section 261-11. »
III. In Chapter 6 of Title 5, an article L. 561-1 is inserted as follows:
"Art. L. 561-1.-I. ― Is punished by two years in prison and 75,000 euros in fine:
« 1° Recognize the requirements of the first paragraph of Article 511-3;
« 2° Remitting or releasing waste to any other than the operator of a registered facility, in breach of section 531-1;
« 3° Eliminate waste or materials without the approval provided for in section 531-1.
“II. ― In the event of a conviction for the offences referred to in 2° I, the court may order, under arrest, the rehabilitation of the places damaged by the wastes that have not been treated under the legal conditions.
"III. ― In the event of a conviction for the offences referred to in 3° of I, the court may also order the temporary or final closure of the facility and prohibit its operator from carrying out the activity of the remover or waste picker.
"IV. ― This section is applicable to all persons who, in charge of any management, management or administration of any enterprise or institution, knowingly have failed to know by any person under their authority or control the provisions mentioned in the preceding paragraphs. »
IV. ― In Chapter 9 of Title 6, an article L. 691-1 is inserted as follows:
"Art. L. 691-1.-I. ― Is punishable by two years' imprisonment and 150,000 euros' fine by the operation of a facility in contravention of a closure, removal or suspension action taken pursuant to sections 651-2,651-3 or 651-7 or by a prohibition measure imposed under section L. 142-3 or by failing to comply with the decision to apply section 641-6.
“II. is punished by six months in prison and 75,000 euros in fine:
« 1° Continuing the operation of a classified facility without complying with the restraining decision to comply with, at the end of a fixed period, the technical requirements determined under Article 621-1, II and III of Article 621-4, Articles 621-6,631-1 or 631-2;
« 2° Continuing the operation of a facility without complying with a decision to establish a facility pursuant to section 651-5 by the President of the Territorial Council;
« 3° Failure to comply with the notice of termination order to take, within a specified period, the monitoring or remediation measures of a prescribed facility or site pursuant to Article 621-4 II and III and Articles 621-6 and 631-2, where the activity ceased;
« 4° Failure to comply with the provisions of Article 681-1, first paragraph II. »
V. ― In chapter 3 of title 9, an article L. 931-1 is inserted as follows:
"Art. L. 931-1.-Est punished by one year imprisonment and 150,000 euros fine:
« 1° The fact, in violation of the prohibitions provided for in section 911-1 and the regulations made under section 911-2:
“(a) To affect the conservation of non-domestic animal species, with the exception of intentional disturbances;
“(b) To affect the conservation of uncultivated plant species.
"The attempt of the offences provided for in a and b is punishable by the same penalties;
« 2° Introducing voluntarily into the natural environment, carrying, clogging, using, selling, selling or buying a specimen of an animal or plant species in violation of the provisions of section 911-3 or the regulations made for its application.
"The fine is doubled when the 1° and 2° offences are committed in a natural reserve. »
VI. In chapter 3 of title 10, an article L. 1031-1 is inserted as follows:
"Art. L. 1031-1.-I. ― A fine of 7,500 euros shall be punished by affixing, affixing or maintaining an advertisement, a sign or a predicinal:
« 1° In places, on sites or on processes prohibited under Article 1011-2;
« 2° Without obtaining the prior authorizations provided for in 1011-4 or having not observed the conditions laid down by these authorizations.
“II. ― The fine is applied as many times as there are advertisements, badges or pre-indicates.
"III. is punishable by the same penalties as the perpetrator of the offence for which the advertisement is carried out, where the advertisement or advertising device does not include the mentions referred to in section 1011-3 or where they are inaccurate or incomplete.
"In the case of an election advertisement, the president of the territorial council remains the one on whose behalf this advertisement was made to delete it and to proceed to the remediation of the premises within two frank days. If this is followed by effect, the provisions of the preceding paragraph are not applicable.
"IV. ― In the event of a conviction, the court orders either the removal of advertisements, signage or pre-registrations that constitute the offence, within a period of one month and under a charge of 15 to 150 euros per day of delay, or their compliance, within the same time and under the same conditions, with the requirements to which they contravene; it orders, if any, the rehabilitation of the premises. It may declare its enforceable decision by provision.
"The offence may only be reviewed by the court if the debtor determines that he has been unable to observe the time limit imposed for the total performance of his obligations only because of circumstances beyond his control. It is recovered under the conditions set out in the provisions on community products.
"V. ― It is punishable by the same penalties to allow an advertisement, sign or pre-indicate beyond the compliance deadlines set out in IV."
The Prime Minister, the Minister of Ecology, Sustainable Development and Energy, the Minister of Justice, and the Minister of Overseas 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 May 7, 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Overseas,
George Pau-Langevin
The Minister of Ecology,
Sustainable Development
and energy,
Royal
The guard of the seals,
Minister of Justice,
Christiane Taubira
