Texts implementing Act No. 2015 - 1268, October 14, 2015, of law improvement of overseas (1) summary Application of the Constitution, particularly articles 38 and 74; Act No. 2013 - 1029 15 November 2013 containing various provisions relating to the overseas, particularly article 3 thereof. Amendment of the code of the environment of Saint-Barthélemy. Ratification of the previous order by article 81 of Act No. 2015 - 1268, October 14, 2015, of law improvement of overseas.
Keywords overseas, ARTICLE 38, ARTICLE 74, SAINT-BARTHÉLEMY, provision criminal, criminal PROCEDURE, CODE of the environment, control, sanctions, finding, offence, SANCTION criminal, RATIFICATION legislative Dossiers legislative order No. 2014-470 may 7, 2014 Observations of the environment code of Saint-Barthélemy, put online by the community of Saint-Barthélemy, is available at the following address: http://www.comstbarth.fr/codes_collectivites.aspx.
JORF n ° 10 may 2014 7865 text no. 40 page 0108 order No. 2014-470 may 7, 2014, on criminal provisions and criminal procedure for the application of the code of the environment of Saint-Barthélemy NOR: OMEO1408266R ELI: https://www.legifrance.gouv.fr/eli/ordonnance/2014/5/7/OMEO1408266R/jo/texte Alias: https://www.legifrance.gouv.fr/eli/ordonnance/2014/5/7/2014-470/jo/texte the President of the Republic On the report of the Prime Minister and the Minister for overseas territories, pursuant to the Constitution, particular articles 38 and 74;
Having regard to the code of the environment;
Having regard to the general code of territorial communities;
Having regard to the penal code;
Having regard to the code of criminal procedure;
Having regard to the code of the road;
Pursuant to law No. 2013 - 1029 November 15, 2013, containing various provisions relating to the overseas, particularly article 3.
Having regard to the code of Saint-Barthélemy environment;
Having regard to the referral of the territorial Council of Saint-Barthélemy dated April 10, 2014;
The State Council heard;
The Council of Ministers heard, orders: Article 1 more on this article...
Environment of Saint-Barthélemy code is amended as follows: i. ― after chapter 3 of title 1, it is created a chapter 4 worded as follows: ' chapter 4 ' common provisions on controls and sanctions "Section 1" search and finding of violations «Art»»»»»» L. 141-1.-in addition to the officers and agents of the judicial police, agents of the community and its public institutions responsible for the environment, empowered to search and find infringements of the provisions of this code and the regulations for its implementation, exercise their powers under the conditions provided in this chapter.
"Agents of the community and its public institutions responsible for the environment are commissioned by the president of the Council territorial and sworn to search and find any of the offences mentioned in the preceding paragraph.
"Deputy judicial police officers referred to in article 21 of the code of criminal procedure are empowered to search and find infringements of this code under the conditions defined by the other books of this code. They perform these tasks within the limits and under the terms laid down by the code of criminal procedure.
«Art.» L. 141-2.-officials and other servants referred to in article L. 141 - 1 seek and find the offences provided for in this code wherever they are committed.
"However, they are required to inform the Prosecutor of the Republic, who may challenge before: '1 ° to establishments, premises and facilities in which are carried out activities of production, manufacturing, processing, use, packaging, storage, filing, transport or marketing." They cannot enter these places before 6 a.m. and after 9 pm. Outside these hours, they access when the premises are open to the public or when one of the above activities is ongoing.
«2 ° for vehicles, ships, boats, boats and professional aircraft used for detention, transport, storage or marketing of animals, plants or any other product that can be the subject of an offence under the present code.
"The homes and premises comprising residential parts can be visited between 6 and 21 hours with the consent of the occupier, or, Alternatively, 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 exhibits. This consent must be the subject of a statement in writing from the hand of the person concerned or, if it is to write, in mentioned in the minutes, as well as assent.
«Art.» L. 141-3.-when they are looking for animals, plants or minerals, or their parts and products, collected in violation of the provisions of title 9, officials and agents mentioned in article L. 141 - 1 can follow them in all places where they have been transported.
"However, they may enter homes or premises comprising residential parts only with the consent of the occupant in the conditions laid down in the preceding article, or failing that, with the authorization of the judge of freedoms and detention of the tribunal de grande instance in which are situated the places to visit. Under penalty of nullity, the decision of the judge of freedoms and detention specifies the qualification of the offence for which the evidence is sought and the address locations in which these operations can be performed. This decision is motivated by reference to the elements of fact and of law justifying that these operations are necessary. Operations are controlled by the magistrate who authorized them, and who can move the site to ensure compliance with the legal provisions. These transactions may, on pain of nullity, be another object searching and recognition of the offences referred to in the decision of the judge of freedoms and detention or seizure of the goods referred to in the first subparagraph.
«Art.» L. 141-4.-when a civil servant or agent referred to in article L. 141 - 1 intends to draw up minutes against a person who refuses or is unable to prove his identity, is provided for under article 78-3 of the code of criminal procedure. During the time necessary to the information and the decision of the officer of the judicial police, the alleged perpetrator of the offence is required to remain available to the officer's finding.
«Art.» L. 141-5.-officials and other servants referred to in article L. 141 - 1 can collect, on convening or on-site, the statements of any person to provide information relevant to their findings. They shall draw up minutes. Heard people conduct themselves to its reading, can record their observations and to affix their signature. If they say not being able to read, reading them in is done by the agent prior to the signing. In the event of refusal to sign the report, mention is made on it.
«Art.» L. 141-6.-for the necessities of the investigation they drive, officials and agents referred to in article L. 141 - 1 can communicate spontaneously, without any y may impede the professional secrecy to which they shall, where appropriate, the documents, information and held or collected in the performance of their duties of judicial police provided for in this code.
«Art.» L. 141-7.-officials and other servants referred to in article L. 141 - 1 may, in the exercise of their functions, be required by the public prosecutor, the investigating judge and judicial police officers.
"They are entitled to directly require the public force for research or the finding of infringements of the provisions of this code and the texts adopted for its application.
«Art.» L. 141-8.-officials and other servants referred to in article L. 141 - 1 may request communication, take copies or proceed with the seizure of documents of any kind that are related to the subject of the audit, whatever their medium and a few hands as they are, and which are necessary for the accomplishment of their mission. When the documents are in a computerised form, they have access to the software and data; they may request the transcription, on-site and immediately, by any appropriate treatment in documents directly usable for the purposes of control.
"They may also refer to any document necessary for the accomplishment of their mission with public administrations, institutions and organizations under the control of the community.
«Art.» L. 141-9.-officials and other servants referred to in article L. 141 - 1 may: "1 ° proceed with the seizure of the object of the offence, including animals and plants, or parts and products obtained therefrom, minerals, weapons and ammunition, instruments and the equipment used to commit the offence or were intended;
«2 ° carry out the seizure of boats, cars and other vehicles used by the perpetrators of an offence for the offence, to get to the location where the offence was committed or farther away, or carry the object of the offence.»
"They make reference to the entries in the minutes.
«These provisions do not apply when objects or devices were the subject of a consignment in accordance with article L. 141 - 12»
"Transportation costs, maintenance and custody of the seized objects are supported by the author of the offence.
'Animals or the seized plants may be released into the environment where they were collected or in an environment compatible with their biological requirements.
«Art.» L. 141-10.-where they have seized them, officials and agents referred to in article L. 141 - 1 may carry out the destruction of plants and animals dead or non-viable.
"The judge of freedoms and detention of the territorially competent court may order, by a reasoned decision taken at the request of the Prosecutor of the Republic, the destruction of instruments and gear banned or prohibited.
'The order authorizing destruction is notified to the public prosecutor and the offender.
"This order is executed notwithstanding objection or appeal.
"The destruction is ascertained by minutes.
«Art.» L. 141 - 11.-I. — officials and agents referred to in article L. 141 - 1 can collect or take samples for analysis or testing. These samples are placed under seal.
"The perimeter of a facility, this officer or, failing that, his representative is notified that he may attend the levy. The absence of the head shall not preclude the levy.
"II. ― samples are collected at least in duplicate and sent to a laboratory for analysis. A copy is retained for the purposes of second opinion.
"The person questioned or his representative is notified that it may conduct at its expense to the analysis of the preserved copy. It made known its decision within five days of the date on which the results of the analysis of the laboratory were brought to his knowledge. After this time, the copy can be eliminated.
«When the perpetrator has not been identified at the time of the levy, the agent of finding appreciate if a second analysis is necessary to the manifestation of the truth. Otherwise, the copy kept for the purposes of second opinion is eliminated within the time fixed by the Prosecutor of the Republic.
«Art.» L. 141-12.-where additional investigations are necessary, the judge of freedoms and detention in which are kept the objects or devices suspected of being non-compliant with the provisions of the present code and regulations for its application may, at the request of the Prosecutor of the Republic, authorize officials and agents referred to in article L. 141 - 1 to proceed to their recording time of these investigations.
"The logging measure which the duration may not exceed fifteen days, may, in the case of particular difficulty, be renewed by reasoned order.
"The judge of freedoms and detention may order the release of the extent of logging at any time. This release is right in all cases where regulated agents have seen the conformity of objects or devices contained in the provisions of the present code and texts taken for its application or brought into conformity with these provisions.
"Recorded objects are left in the care of their holder.
"Noncompliance, any costs are being borne by the perpetrator of the offence.
«Art.» L. 141-13.-infringements of the provisions of this code and the texts adopted for its application are recorded in the minutes that are prima facie evidence to the contrary.
"The minutes are addressed within five days following their closure to the Prosecutor of the Republic. A copy of the minutes shall be forwarded within the said period to the competent administrative authority.
«Art.» L. 141-14.-a Council of State Decree lays down the conditions for the application of this section.
«Section 2 ' Criminal Sanctions «Art»» L. 142-1.-is punishable by one year imprisonment and a 75,000 euro fine does, without the authorization mentioned in articles 321-1 and 621-1, required for an Act, an activity, an operation, an installation or a book, from: "1 ° commit this Act or this activity;
«2 ° drive or perform this operation;
«3 ° operate this facility or this book;
«4 ° put in place or participate in the establishment of such a facility or such a book.
«Art.» L. 142-2.-for the purposes of this code, to obstruct the functions exercised by civil servants and officials authorized to exercise administrative control or research and recognition of offences missions is punishable by six months imprisonment and a 15,000 euro fine.
«Art.» L. 142-3.-in the event of conviction for an offence under this code, the Court may: "1 ° when the operation, work, activity, the use of a work or an installation at the origin of the offence are subject to authorization, registration, declaration, certification or certification, decide their judgment or their suspension for a period which may not exceed one year;
«2 ° order, within a time limit that it determines, measures to rehabilitate the sites to which it has been brought reached by the incriminating acts or to repair any damage to the environment. The injunction may be accompanied by a daily penalty exceeding 3,000 euros for a period of three months or less.
"The Court may decide that these measures will be executed automatically at the expense of the operator. In this case, it may order the consignment by the operator in the hands of a public accountant of a respondent in the amount of work amount.
«Art.» L. 142-4.-when the Court ordered a suspension, and for the duration of this suspension measure, the operator is required to ensure its staff the payment of salaries, allowances and payments of any kind to which he was right until then.
«Art.» L. 142-5.-physical persons guilty of offences under this code are also, as additional penalty: "1 ° display as well as the dissemination of the decision, under the conditions laid down in article 131-35 of the penal code;
«2 ° forfeiture of the thing that has been used or was intended to commit the offence, or the thing which is the direct or indirect product under the conditions provided for in article 131-21 of the criminal code;
«3 ° the fixed asset, for a period which may not exceed one year, vehicle, ship, boat, the boat or the aircraft including the condemned used to commit the offence, if he is the owner;
«4 ° prohibition on occupational activity in the exercise or on the occasion of the exercise of which the offence was committed, for a period which may not exceed five years, under the conditions laid down in articles 131-27 to 131-29 of the penal code.
«Art.» L. 142-6.-legal persons criminally liable in accordance with article 121-2 of the penal code of criminal offences provided for in the present code incur, also the fine under the conditions laid down in article 131-38 of the criminal code, the penalties of 3 °, 4 °, 5 °, 6 °, 8 ° and 9 ° of article 131-39 of the same code as well as under the 2 ° of this article which, if it is pronounced, applies to the activity in the exercise or on the occasion of the exercise of which the offence was committed.
«Art.» L. 142-7.-the provisions of articles 132-66-132-70 of the penal code on the postponement with injunction are applicable to natural persons and legal persons in the event of conviction for an offence under this code.
"The Court may impose the injunction of a fine of 3,000 euros per day of delay.
«Art.» L. 142 - 8.-L' provisional execution of additional sentences pursuant to this code may be ordered.
«Art.» L. 142-9.-the public prosecutor may conduct by an officer of the security forces to the sealing of the facilities, structures, objects or devices used for work, operations, facilities or activities, kept in operation in violation of a measure taken in application of 1 ° of article L. 142 - 3 or article L. 142-6.
"The magistrate may order the release of the extent of logging at any time.
«Art.» L. 142 - 10.-I. ― the administrative authority can, as long as public action has not been set in motion, dealing with natural persons and legal entities on the prosecution of contraventions and offences provided for and punishable under this code.
"The transaction proposed by the administration and accepted by the author of the offence must be homologated by the Prosecutor of the Republic.
«II. — this option is not applicable to contraventions of the first four classes for which public action is extinguished by payment of a lump sum fine under section 529 of the code of criminal procedure.
"III. — the proposal for a transaction is determined depending on the circumstances and the seriousness of the offence, the personality of its author as well as its resources and its loads.
"It says the fine transaction that the offender will have to pay, the amount may not exceed one-third of the amount of the fine incurred as well as, where appropriate, the obligations that will be imposed to stop the offence, to prevent its renewal, to repair the damage or remitted in accordance places. It also sets time limits for payment and, where applicable, the execution of the obligations.
"IV. ― the Act by which the public prosecutor agrees to the transaction proposal is interrupting the limitation of public action.
"Public action is turned off when the offender ran in a timely manner all the obligations resulting from the acceptance of the transaction.
"V. — detailed rules for the application of this article are laid down by Decree in 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 L. 325 - 8 and L. 417 - 1 of the highway code are applicable to vehicles circulating in contravention of the provisions of chapters 2 tracks 2 and 4 and the orders taken for their application.
«Art.» L. 142-12.-penal sanctions and the provisions of criminal procedure contained in the applicable environment code in the departments of metropolitan France and overseas are not effect in Saint-Barthélemy. «II. ― after chapter 6 of title 2, it is created a chapter 7 as follows: "Chapter 7" Sanctions «Art»» L. 271-1.-is punishable by six months imprisonment and a 9,000 euro fine: "1 ° do not follow one of the requirements or prohibitions laid down by the regulation of the reserve provided for in article 251-6;
«2 ° changing the State or the appearance of sites ranking in reserve without permission provided in article 251-9 pending;
«3 ° the fact of not publicizing the existence of a classification as a nature reserve under the conditions laid down in article 251-10;
«4 ° would destroy or change in their State or their appearance the territories classified reserved natural without the authorization provided for in article 251-13 or in disregard of the IV of the same article;
«5 ° breach of the prohibition of article 251-17 planned advertising actions;
«6 ° breach of the duty of burial of electrical or telephone networks under the conditions laid down in article 251-18;
«7 ° breach of the perimeters of protection requirements laid down in article 251-19.
«Art.» L. 271 - 2.-I. ― is punishable by six months imprisonment and a € 30,000 fine: "1 ° the fact to proceed with work on a natural monument or site without notifying the administration under the conditions laid down in articles 261-6 and 261-11;
«2 ° the fact to alienate a natural monument or a site without making aware to the purchaser of the classification or without notifying this alienation administration under the conditions laid down in article 261-10;
«3 ° the fact to establish an easement on a natural monument or site filed without the approval of the authority provided for in article 261-17.
"II. ― is punishable by one year imprisonment and a 150,000 euro fine because of change in the State or the appearance of a monument natural or site pending classification or class, in breach of the requirements laid down in the authorizations provided for in articles 261-6 and 261-11.
"III. ― is punishable by two years imprisonment and a 300,000 euro fine:" 1 ° the fact to make changes on a natural monument or site pending classification in violation of article 261-6 of this code;
«2 ° does destroy or change in its State or its appearance a natural monument or a site without the authorization provided in article 261-11.»
III. ― in Chapter 6 of title 5, it is inserted an article L. 561 - 1 worded as follows: «art.» L. 561 - 1.-I. ― is punishable by two years imprisonment and 75,000 euros fine does: "1 ° ignore the requirements of the first subparagraph of article 511-3;
«2 ° give or deliver any waste other than the operator of a licensed elevator, in disregard of article 531-1;
«3 ° dispose of the waste or material without being the holder of the authorisation provided for in article 531-1.
"II. — in the event of conviction for offences under the 2 ° of the I, the tribunal may order, under penalty, the reclamation of the sites damaged by the waste which have not been addressed in the legal conditions.
"III. — in the event of conviction for offences under the 3rd I, the tribunal may, in addition, order the temporary or permanent closure of the installation and prevent its operator to operate disposer or recycler.
"IV. — This section is applicable to all those who charged to a title any branch, management or administration of any undertaking or establishment, have knowingly left ignored by anyone under their authority or their control provisions referred to in the preceding paragraphs.".
IV. ― to Chapter 9 of title 6, it is inserted an article L. 691 - 1 worded as follows: «art.» L. 691 - 1.-I. ― is punishable by two years imprisonment and a 150,000 euro fine due to operate a facility in contravention of a measure closing, removal or suspension pursuant to sections 651-2, 651-3 or 651-7 or a measure prohibiting pronounced under article L. 142 - 3 or do not comply with the decision of formal notice made under section 641-6.
«II. ― is punishable by six months imprisonment and a 75,000 euro fine: "1 ° the fact to continue operating a facility classified without complying with the decision remains to have to respect, at the end of a fixed period, the technical requirements defined in application of article 621-1, the II and III of article 621-4, 621-6 articles, 631-1 or 631-2;»
«2 ° the fact to continue operating a facility without complying with a decision to release remains taken in application of article 651-5 by the president of the territorial Council;
«3 ° the fact not to comply with the Decree of implementation remains measures, within a specified period, monitoring or rehabilitation of an installation or site specified in application of II and III and article 621-4 articles 621-6 and 631-2, when the activity has ceased;
«4 ° does not comply with the provisions of the first subparagraph of article 681-1 II.»
V. ― to Chapter 3 of title 9, inserted an article L. 931 - 1 worded as follows: «art.» L. 931-1.-is punishable by one year imprisonment and a 150,000 euro fine: "1 ° the fact in violation of the prohibitions laid down by the provisions of section 911-1 and the regulations made pursuant to article 911-2: ' a) to violate the conservation of non-domestic animal species, with the exception of intentional disturbances;
"(b) to violate the conservation of non-crop plant species.
"The attempt of the offenses provided for in the a and b shall be punishable by the same penalties;
«2 ° introducing voluntarily in the natural environment, transport, peddle, use, put for sale, sell or buy a specimen of a plant or animal species in violation of the provisions of section 911-3 or the regulations for its implementation.
"The fine is doubled when the offences mentioned in the 1 ° and 2 ° are committed in a nature reserve."
VI. ― to Chapter 3 of title 10, it is inserted an article l. 1031-1 worded as follows: «art.» L. 1031 - 1.-I. ― is punished by a fine of 7,500 euros the fact to affix, to affix or maintain after formal notice advertising, a sign or a preenseigne: "1 ° in places, locations or methods prohibited pursuant to section 1011-2;
«2 ° without obtaining prior authorizations provided for in article 1011-4 or without observing the conditions set by these permissions.
"II. — the fine is applied as many times there are advertisements, signage and preenseignes in offence.".
"III. ― is punished by the same penalties as the perpetrator of the offence one for whom advertising is carried out where advertising or advertising device does not contain the particulars referred to in article 1011-3 or if it is inaccurate or incomplete. ''
"In the case of an electoral character ad, the president of the territorial Council highlights remains that on behalf of which this advertisement was carried out to delete and to the rehabilitation of the premises within a period of two days. If this formal notice is followed by effect, the provisions of the preceding paragraph shall not apply.
"IV. — in the event of conviction, the court orders removing, or within a period which may not exceed one month and under penalty of 15 to 150 euros per day of delay, advertisements, signs and preenseignes which constitute the offence, bring them into compliance, within the same time and under the same conditions with the requirements to which they violate; He ordered, where applicable, the rehabilitation of sites. He may declare his binding decision by provision.
«The penalty may be revised by the Court if the debtor establishes that he was unable to observe the time limit imposed for the total performance of its obligations because of circumstances beyond its control.» It is recovered in the conditions laid down by the provisions relating to products of the community.
«V. ― is punishable by the same penalties due to leave advertising, a sign or a préenseigne beyond compliance deadlines to IV.»
Article 2 the Prime Minister, the Minister of ecology, sustainable development and energy, the keeper of the seals, Minister of justice, and the Minister of overseas are responsible, each in relation to the application of this order, which will be published in the Official Journal of the French Republic.
Made on May 7, 2014.
François Hollande by the President of the Republic: Prime Minister Manuel Valls Minister of overseas, George Pau-Langevin, Minister of ecology, sustainable development and energy Ségolène Royal Guard seals, Minister of justice, Christiane Taubira