Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
At the beginning of Book I of the second part of the transport code, a preliminary title is added as follows:
« PRELIMINARY Title
"NATIONAL RAIL TRANSPORT SYSTEM
“Preliminary Chapter
“General principles
"Art. L. 2100-1.-The national railway system consists of all the human and material means implemented to ensure:
« 1° The management of the railway network defined in Article L. 2122-1;
« 2° The execution of transport services using this network;
« 3° The operation of service infrastructure related to this network.
"The rail transport system contributes to the public rail service and national solidarity as well as to the development of rail transport, with a view to sustainable development. It participates in the dynamics, irrigation and landscaping. It contributes to the maintenance and development of the railway industry and employment basins throughout the territory. It contributes to the implementation of the right to transport defined in Book I of the first part of this code.
"Art. L. 2100-2.-The State shall ensure the coherence and proper functioning of the national railway system. It sets out national and international strategic priorities. In accordance with the principles of fairness and non-discrimination, it ensures or ensures that:
« 1° The coherence of the offer offered to travellers, the coordination of the railway authorities and the optimization of the quality of service provided to users of the national railway system;
« 2° The operational permanence of the system and the management of crisis situations having an impact on the functioning of the system as well as the coordination necessary for the implementation of requisitions within the framework of national defence and in the event of a breach of State security;
« 3° The preservation of the safety of persons and goods, the security of the network and facilities under the national rail transport system and the prevention of acts that could degrade the safety and security conditions of the operation of the railway system;
« 4° The organization and management of the railway industrial sector, including the conduct or support of research and development programs related to rail transport, with a view to increasing its export capacity, security, economic and environmental efficiency, reliability, technological development, multimodality and interoperability;
« 5° The programming of investments in the development and renewal of the railway network defined in Article L. 2122-1 and investments in service infrastructure and intermodal interfaces;
« 6° The complementarity between high-speed rail transport services, territorial equilibrium and regional interest, with a view to meeting the objectives of balanced and harmonious development of the territories and ensuring equal access to public services;
« 7° Improving the quality of service provided to shippers, including by increasing the reliability of the infrastructure capacity assigned to the carriage of goods, in an objective of the development of the rail freight activity and the modal carryover.
"Art. L. 2100-3.-The High Rail Transport System Committee is a forum for information and consultation among stakeholders of the national railway system. It discusses the major issues of the national railway system, including in an intermodal logic.
"The High Committee of the Rail Transport System brings together representatives of infrastructure managers, railway companies, service infrastructure operators, railway authorities, major seaports, combined transport operators of goods, social partners, shippers, travellers, approved environmental protection associations under the title of theArticle L. 141-1 of the Environmental Code, the State and two deputies and two senators and personalities chosen because of their knowledge of the national railway system. It is chaired by the Minister for Transport.
"It encourages cooperation between these actors, in connection with users, in order to promote accessibility to persons with disabilities or reduced mobility of rolling stock, platforms and stations.
“The High Committee on the Rail Transport System may decide, by a majority of its members, to take up any matter within its jurisdiction.
"As necessary, the High Rail Transport System Committee may establish specialized commissions for the exercise of its duties.
"The year before the conclusion or updating of the contracts provided for in sections L. 2102-5, L. 2111-10 and L. 2141-3, the High Committee for the Rail Transport System is seized by the Government of a strategic direction report, which presents, from a multi-year perspective:
« 1° Changes since the previous Strategic Orientation Report;
« 2° National mobility and intermodality policy;
« 3° Guidance on investment in transport infrastructure;
« 4° The actions envisaged to promote complementarity between the various passenger transport services;
« 5° The advancement of the deployment of intelligent transport systems;
« 6° The State's railway strategy concerning the existing network and the financial means that are devoted to it;
« 7° The financial situation of the national railway system and its prospects for evolution;
« 8° National rail freight policy;
« 9° Societal and environmental issues of the national railway system;
« 10° The actions envisaged to improve the competitiveness of the railway mode in relation to other modes of transport;
« 11° The link between national and European railway policies.
"This report, after the advice of the High Committee on the Rail Transport System, is submitted to the committees of the competent Parliament on transport and is discussed. He's made public.
"Art. L. 2100-4.-It is established with SNCF Réseau a committee of the network operators, composed of representatives of railway companies, service infrastructure operators connected to the national railway network, railway authorities, persons authorized to request railway infrastructure capacities and persons referred to in the last paragraph of Article L. 2111-1.
"SNCF Réseau assures the secretariat.
"The network operators committee is the permanent consultation and consultation process between SNCF Réseau and its members. He is informed of the strategic choices made by the infrastructure managers mentioned in the last paragraph of the same article L. 2111-1, including SNCF Réseau, regarding access to the national grid and its operational optimization. The contract referred to in Article L. 2111-10 shall be forwarded to it.
"According to the terms set by decree in the Council of State, it adopts a network charter designed to facilitate the relations between SNCF Réseau and the members of the committee and to promote the optimal use of the national grid, with a view to economic and social efficiency and optimization of the service rendered to users. This charter and its amendments are submitted for advice to the Regulatory Authority for railway activities.
"Without prejudice to the competences exercised by the Authority for the regulation of railway activities pursuant to sections L. 2134-1 to L. 2134-3 or the remedies provided by the laws, regulations and contracts, the committee of operators of the network may, at the end of amicable settlement, be seized of disputes relating to the interpretation and application of the network charter referred to in the fourth paragraph of this section.
"The committee meets at least four times a year and at the initiative of SNCF Réseau or at least one third of its members.
“Chapter IER
“Rail Public Group
“Section 1
“Organization
"Art. L. 2101-1.-The SNCF, SNCF Réseau and SNCF Mobility are the public rail group within the national railway system. These three entities are inseparable and supportive. The group carries out a mission, jointly carried out by each of the public establishments within the framework of the powers recognized by the law, to operate the national railway network and to provide the public with a service in the field of rail transport. It performs regular public transportation missions for people, freight transport missions and rail infrastructure management missions, in a logic of sustainable development and economic and social efficiency.
“Chapter II of Part I, Book II is applicable to the three establishments of the railway public group. For its application to the SNCF and SNCF Réseau, the organizing authority within the meaning of the same chapter II is defined as the state.
"Art. L. 2101-2.-La SNCF, SNCF Réseau et SNCF Mobilités employ employees governed by a particular statute developed under conditions established by decree in the Council of State.
"The SNCF, SNCF Réseau and SNCF Mobilities can also employ employees under collective agreements.
"Without discrimination related to their employment status or to their professional origin, employees of the SNCF, SNCF Réseau and SNCF Mobilités may occupy any open job in one of the public establishments comprising the public railway group, with continuity of their employment contract, or in their subsidiaries.
"A multi-year agreement, negotiated at the level of the railway public group with employee representative organizations, sets out the modalities for the implementation of this article. If there is no agreement and no later than six months from the formation of the railway public group, the terms and conditions for the implementation of this section are determined by the SNCF Supervisory Board.
"Art. L. 2101-3.-By derogation from articles L. 2233-1 and L. 2233-3 the Labour Code, for staff of the SNCF, SNCF Network and SNCF Mobility governed by a particular status, a branch agreement or a professional or inter-professional agreement that has been the subject of an extension or expansion order may supplement or determine the terms and conditions of application, within the limits set by the particular statute.
“Section 2
“Representative staff institutions
"Art. L. 2101-4.-Book III of Part II of the Staff Representative Institutions Labour Code applies to the railway public group comprised of the SNCF, SNCF Network and SNCF Mobility, subject to the specific provisions set out in this section.
"Art. L. 2101-5.-I.-It is constituted from the SNCF, by derogation from provisions of Article L. 2327-1 of the Labour Code related to the central corporate committee, a central committee of the railway public group common to the SNCF, SNCF Réseau and SNCF Mobility and a consultative committee with each of these public institutions when they have several establishment committees.
"With the exception of section L. 2327-14-1, which applies only to the central committee of the railway public group, the provisions of Labour code relating to the composition, election, mandate and operation of the central corporate committee referred to in Article L. 2327-1 of the same code shall apply to the central committee of the railway public group and to the advisory boards and shall, as appropriate, be adapted by decree in the Council of State.
"The powers of the central corporate committee referred to in the same article L. 2327-1 are divided between the central committee of the railway public group and the advisory boards, according to the terms defined by decree in the Council of State.
"II.-By derogation from sections L. 2323-83 to L. 2323-86 and L. 2327-16 of the said Code, the management of a substantial part of the social and cultural activities of public establishments constituting the railway public group is ensured, controlled and shared under conditions and in terms fixed by collective agreement of the railway public group or, if such agreement is not reached within six months of the constitution of the railway public group by way.
"III.-In the SNCF, a group committee is established between the public establishments comprising the railway public group and their subsidiaries. This committee is governed by title III of Book III of Part II of the Labour Code, subject to the necessary modifications by decree in the Council of State. Section L. 2331-1 of the same code is not applicable to any of the public establishments constituting the railway public group.
"IV.-For the purposes of title IV of Book III of Part II of the said Code, public institutions constituting the railway public group and the companies they control, within the meaning of Article L. 2331-1, constitute a group of community-based enterprises within the meaning of Article L. 2341-2 of the same Code.
"Art. L. 2101-6.-By derogation from both first paragraphs of Article L. 2143-5 of the Labour Code, the central union delegates are designated at the level of all establishments constituting the railway public group. Each of these trade union delegates is designated by a union that has won at least 10% of the vote under the conditions set out in Article L. 2122-1 of the same code, adding the votes of all public institutions constituting the public railway group.
"The mandatory negotiations for the code are conducted at the SNCF level for the entire railway public group.
"The collective agreements negotiated at the SNCF level for all public establishments in the railway public group are subject to the corporate agreements regime.
"By derogation from the second paragraph of this article, the negotiations underArticle L. 2242-12 of the Labour Code the SNCF, SNCF Network and SNCF Mobility respectively. For these negotiations, representative trade union organizations at the level of each public institution specifically mandate a representative selected from their union representatives. The representativeness of trade union organizations at the level of the public institution is appreciated in accordance with the rules set out in articles L. 2122-1 to L. 2122-3 of the same code, taking into account the votes obtained in all the institutions of the public institution concerned. The validity of the agreements mentioned in 1° and 2° of articles L. 3312-5 and L. 3322-6 of the said code is appreciated in accordance with the rules defined in article L. 2232-12 of the same code, taking into account the votes obtained in all the institutions of the public institution concerned.
“Chapter II
« SNCF
“Section 1
“ Subject and missions
"Art. L. 2102-1.-The purpose of the national industrial and commercial public establishment known as “NSCF” is to ensure:
« 1° Strategic control and leadership, economic coherence, industrial integration, social unity and cohesion of the railway public group;
« 2° Cross-cutting missions necessary for the proper operation of the national rail transport system, carried out for the benefit of all the actors of this system, including in the area of crisis management and the preservation of the safety of persons, goods and railway network, and security, without prejudice to the missions of the Public Railway Safety Institution defined in Article L. 2221-1 and in the area of coordination of the actors for the accessibility of the national transport system of persons with disabilities
« 3° The definition and animation of the human resources policies of the railway public group, including policies for the predictive management of jobs and skills and mobility between the various public establishments of the railway public group as well as the social negotiation of a company, ensuring compliance with Article L. 2101-2;
« 4° Mutualized functions for the benefit of the entire railway public group, including the management of professional routes and internal mobility to the group for cross-cutting trades, social action, health, housing policy, administrative pay management, auditing and risk control.
"The SNCF cannot carry out any of the missions referred to in articles L. 2111-9 and L. 2141-1.
"A decree in the Council of State specifies the missions of the SNCF and their modalities of exercise.
"Art. L. 2102-2.-For the application ofArticle L. 5424-2 of the Labour Code and Chapter III of Title I of Book III of the Construction and Housing Code, the SNCF is considered to be the employer of employees of the SNCF, SNCF Réseau and SNCF Mobility. The terms and conditions for the application of this article are set by decree in the Council of State.
"Art. L. 2102-3.-For the exercise of the tasks set out in the 4th of Article L. 2102-1, SNCF Mobility and SNCF Réseau are used by the SNCF. To this end, SNCF Mobility and SNCF Réseau conclude conventions with the SNCF.
“The conventions referred to in the first paragraph of this article shall not be subject to Act No. 70-9 of 2 January 1970 regulating the operating conditions of certain transactions relating to real property and trade funds, and Act No. 85-704 of 12 July 1985 relating to the mastery of public works and its relationship with private mastery.
"Art. L. 2102-4.-The powers vested in the SNCF by this code with respect to SNCF Réseau and SNCF Mobilités are identical to those exercised by a company on its subsidiaries, within the meaning ofArticle L. 233-1 of the Commercial Code. These functions are carried out in accordance with the requirements of independence, in the decision-making and organizational plan, of the functions of SNCF Réseau mentioned in the 1st of Article L. 2111-9 of this Code, with a view to ensuring transparent and fair access to the infrastructure of the national grid.
"The SNCF can create subsidiaries or take stakes in companies, groups or organizations to carry out any useful operation in its missions. It holds, on behalf of the public railway group, directly or indirectly, the participation of the subsidiary board or railway engineering with a cross-cutting nature.
"Art. L. 2102-5.-The SNCF concludes with the State a strategic framework contract for the entire railway public group for a period of ten years, updated every three years for a period of ten years. This framework contract, which incorporates the operational contracts under articles L. 2111-10 and L. 2141-3, ensures consistency of the objectives and means assigned to the railway public group. It determines the objectives assigned by the State to the company and to the group in terms of quality of service for the benefit of all railway companies, railway authorities and users. It consolidates the financial trajectories and sustainable and human development of contracts under the same articles L. 2111-10 and L. 2141-3. The draft framework contract and the projects of updating are submitted for advice to the Regulatory Authority for railway activities. The draft framework contract and the updating projects as well as the advice of the Railway Regulatory Authority are forwarded to Parliament.
"The SNCF reports annually, in its activity report, on the implementation of the framework contract referred to in the first paragraph of this section. This activity report is addressed to Parliament, the Railway Regulatory Authority and the High Committee of the Rail Transport System.
"Art. L. 2102-6.-The SNCF has the capacity to transfer and conclude arbitration agreements.
“Section 2
“Organization
"Art. L. 2102-7.-The SNCF has a supervisory board and a directorate. The last paragraph of Article 5 of Law No. 83-675 of 26 July 1983 relating to democratization of the public sector is not applicable to the monitoring board of the SNCF.
"For application to the SNCF of chapter II of title II of Act No. 83-675 of 26 July 1983 referred to above, SNCF Réseau and SNCF Mobilities are assimilated to subsidiaries, within the meaning of 4 of section 1 of the same Act.
"The statutes of the SNCF are set by decree in the Council of State. The number of State representatives may not be less than half the number of members of the Supervisory Board. At least two members of the Supervisory Board are representatives of the regional organizing authorities for rail transport and the Ile-de-France Transport Union. A member and a senator are members of the Supervisory Board.
"Art. L. 2102-8.-The president of the SNCF Supervisory Board shall be appointed from among State representatives to the Supervisory Board. He is chosen according to his professional skills. He is appointed by decree on the proposal of the Supervisory Board.
"The president of the SNCF Supervisory Board may not be a member of the SNCF Network's governing bodies or of the SNCF Mobility's governing bodies.
"Art. L. 2102-9.-By derogation from second paragraph of Article 10 of Act No. 83-675 of 26 July 1983 referred to above, the SNCF manager consists of two members appointed by decree on the proposal of the supervisory board. They cannot be chosen from the members of the Supervisory Board. One of them is appointed as Chairman of the Board, the other as Delegate Chair.
"The appointment as Chairman of the Board of Directors shall be made to the Board of Directors of SNCF Mobility and appointment as Chair of this Board of Directors.
"The appointment as delegated director of the board of directors of SNCF Réseau and appointment as chair of this board of directors. Decisions concerning the appointment, renewal or revocation of the managing director are made pursuant to section L. 2111-16.
"The duration of the term of office of the board members is set out in the statutes of the SNCF. It is identical to the terms of reference of the directors and chairs of the boards of SNCF Mobility and SNCF Réseau.
"The mandates of the members of the board begin and all end on the same dates. In the event of a vacancy, for any reason, of the seat of a member of the Executive Board, his or her alternate shall perform his or her functions only for the duration of the term remaining to be carried out until the renewal of the Executive Board.
"Art. L. 2102-10.-The SNCF Supervisory Board sets out the strategic, economic, social and technical orientations of the railway public group and ensures that the SNCF's missions are implemented by the management. It exercises permanent control over the management of the SNCF.
"Operations whose conclusion is subject to the prior authorization of the supervisory board, which include financial commitments and agreements between the SNCF and SNCF Network or SNCF Mobility beyond a certain threshold, are specified by regulation.
"At any time, the Supervisory Board operates the audits and controls that it considers appropriate and may be provided with the documents it considers necessary to carry out its mission.
"The SNCF prepares and publishes each year the consolidated accounts of the whole formed by the railway public group and the subsidiaries of the establishments of the group and a report on the management of the group. Once the consolidated accounts of the SNCF, SNCF Network and SNCF Mobility are established pursuant to theArticle L. 233-18 of the Commercial Code, consolidation of the accounts of SNCF Network and SNCF Mobility on those of the SNCF is carried out according to the method of global integration.
"After the end of each fiscal year, the directorate shall present to the supervisory board, for approval, the annual accounts of the SNCF and the consolidated accounts of the whole formed by the railway public group and the subsidiaries of the three establishments of the group, together with the related management report.
"As such, the Supervisory Board may carry out the necessary audits and controls from the three public institutions and their subsidiaries.
"Art. L. 2102-11.-The manager is responsible for the management of the SNCF. It has the largest powers to act on behalf of the SNCF. They shall be exercised within the limits of the subject-matter of the SNCF referred to in section L. 2102-1 and subject to the powers expressly assigned by law and by the laws taken for its application to the Supervisory Board or the President of the Supervisory Board. It concludes the framework contract between the SNCF and the State provided for in Article L. 2102-5, after approval by the supervisory board.
"Art. L. 2102-12.-Any decision of the board is taken unanimously. In the event of disagreement expressed by one of its members, the decision is taken by the Chairman of the Supervisory Board. The Supervisory Board may not participate in the deliberations on this decision. He is responsible for this decision under the same conditions as members of the board.
“Section 3
“Financial and accounting management
"Art. L. 2102-13.-The SNCF is subject to financial and accounting rules for industrial and commercial enterprises. It maintains its accounting in accordance with the General Accounts Plan.
"Art. L. 2102-14.-Management of subsidiaries created or acquired by the SNCF is financially autonomous as part of the objectives of both the group and the railway public group referred to in L. 2101-1.
“Section 4
“Management of the State
"Art. L. 2102-15.-The SNCF coordinates government management within the railway public group. It is the only interlocutor of the State, territorial authorities and territorial groupings where they wish to acquire, after declassification, a property belonging to the SNCF or SNCF Network or managed by SNCF Mobility.
"Art. L. 2102-16.-Real property used by the SNCF for the performance of its missions may be transferred to the State, territorial authorities or their groupings on public utility grounds, with compensation equal to the replenishment value.
"Art. L. 2102-17.-Les déclassements sont soumis à l' autorisation préalable de l'État, après avis du Conseil régional. The decommissioning procedures and the governing rules applicable to the SNCF are set by regulation.
“Section 5
" State control
"Art. L. 2102-18.-The SNCF is subject to the economic, financial and technical control of the State under conditions determined by regulation.
“Section 6
“Resources
"Art. L. 2102-19.-The resources of the SNCF consist of:
« 1° The remuneration received, on the one hand, under the missions referred to in 2° of Article L. 2102-1 which are carried out in an expensive capacity in the execution of contracts between the SNCF and SNCF Réseau or between the SNCF and any railway company, including SNCF Mobility, and, on the other hand, under the missions mentioned in 4° of the same Article L. 2102-1 that are carried out in the execution of agreements concluded between
« 2° The proceeds of the dividend on the results of its subsidiaries and on the outcome of SNCF Mobility referred to in Article L. 2102-20;
« 3° The remuneration collected for the missions entrusted to it by contract by the State, one or more territorial authorities, one or more territorial groupings or the Ile-de-France Transport Union, these missions which cannot encroach on the missions of SNCF Réseau mentioned in article L. 2111-9;
« 4° All revenues authorized by laws and regulations.
"Art. L. 2102-20.-The SNCF receives a dividend on the outcome of SNCF Mobility. This dividend is taken as a priority on the distribuable profit of the fiscal year, as defined byArticle L. 232-11 of the Commercial Code. It may be taken from the available reserves.
"The amount of this dividend is determined after a review of the financial situation of SNCF Mobility and recognition by the SNCF Supervisory Board of the existence of distribuable amounts. It is submitted, for agreement, to the competent authority of the State, which shall pronounce within one month. If there is no opposition at the end of this period, the agreement of the latter shall be deemed to have been granted.
“Section 7
“Social regulation
"Art. L. 2102-21.-Book III of Part I of this Code applies to the SNCF. »
I. - Title II of Book I of Part II of the Transport Code is supplemented by a chapter IV as follows:
“Chapter IV
“Temporary local contributions
"Art. L. 2124-1. - In order to finance the exterior fittings of a passenger railway station, with the exception of national interest stations, a temporary local contribution may be instituted supported by travellers from or to the railway station concerned.
"Art. L. 2124-2. - The temporary local contribution is established:
« 1° By deliberation of the deliberative organ of the municipality or of the public inter-communal cooperation establishment in the territory of which the station is located, subject to the favourable opinion of the Regional Council or the Ile-de-France Transport Union and, where appropriate, other railway transport authorities provided in the station;
« 2° By deliberation of the regional council of the region on the territory of which the station is located or of the Ile-de-France Transport Union, subject to the favourable opinion of the deliberative body of the municipality or of the public intercommunal cooperation institution concerned, as well as, where appropriate, other railway transport authorities provided in the station.
"For the application of 1° and 2°, the notice is deemed to be in favour of the expiry of one hundred and twenty days after the receipt of the notice request.
"The period of perception of the temporary local contribution is determined by deliberation, without being able to exceed ten years.
"It can only be instituted a temporary local contribution by station.
"The deliberation establishing the temporary local contribution is forwarded to the station manager, who informs railway companies that provide services. It is displayed in the station throughout its perception.
"Art. L. 2124-3. - The temporary local contribution is based on the price of the transport tickets and passenger subscriptions from or to the railway station concerned. Passengers travelling on a single route involving a change of railway service in the station concerned are not subject to the temporary local contribution.
"The rate of temporary local contribution is determined by the deliberation referred to in Article L. 2121-2, without being able to exceed 2%. The amount of the temporary local contribution thus calculated is rounded to the tenth of the upper euro, without being able to exceed 2 € per journey.
"Art. L. 2124-4. - The temporary local contribution is collected by the railways or their intermediaries, which pay each quarter, under their responsibility, to the public accountant having instituted the amount of the contribution calculated in accordance with section L. 2124-3.
"A decree in the Council of State sets out the formalities to be completed by railway companies and their intermediaries and the supporting documents to be provided for the payment of the temporary local contribution.
"This Order sets out penalties for violation of the provisions of this Article, within the limits of the three-fold law of which the public who has instituted the temporary local contribution has been deprived.
"Art. L. 2124-5. - A decree in the Council of State determines the manner in which the prosecutions to be carried out in the event of an offence, the recovery of the principal and the penalties of the temporary local contribution, and the conditions under which the claims are judged.
"Art. L. 2124-6. - The proceeds of the temporary local contribution are allocated to the financing of investments of direct and certain interest to railway users, intended to improve the urban insertion of the station, the access of its users to public transport and mobility services or multimodal information, on the basis of a programme previously transmitted to the representative of the State in the department or, where it is instituted by deliberation of the regional council or the Union of transports of France,
"As an annex to the administrative account of the public person who has established the temporary local contribution, the monitoring of the product collected since its implementation and the execution of the investment program mentioned in the first paragraph shall be ensured.
"The recovery of the temporary local contribution ceases to be in full right as of January 1 of the year following the fiscal year in which the statement of accounts revealed that the investment expenses realized, deducting any subsidies received, were covered by the collected product. The amounts recovered after that date remain acquired to the public who established the temporary local contribution. »
II. - Act No. 866 of 15 September 1942 on the collection of temporary local overtaxes on railways of general interest, railways of local interest, railways of docks of marine or river ports and road transport services in connection with railways is repealed.
III. - The general code of territorial authorities is amended as follows:
1° The 9th of Article L. 2331-8 is thus written:
« 9° The proceeds of the temporary local contribution referred to in Article L. 2124-1 of the Transportation Code. » ;
2° The 10th of Article L. 3332-3 is repealed;
3° After the g of Article L. 4331-3, a g bis is inserted as follows:
“g bis) The product of the temporary local contribution referred to in Article L. 2124-1 of the Transport Code; » ;
4° At 10° of Article L. 5215-32, the word "surtaxes" is replaced by the word "contributions".
IV. - Article L. 1241-14 of the Transport Code is supplemented by a 12° as follows:
« 12° The proceeds of the temporary local contribution referred to in Article L. 2124-1 of this Code. »
V. - Section 20 of Order No. 45-2497 of 24 October 1945 on passenger bus stations is repealed.
VI. - An initial assessment of the device provided for in I is carried out as part of the report referred to in Article 29, VI, of this Act.
After section 1 of chapter II of title I of Book II of Part I of the Transport Code, a section 1 bis is inserted as follows:
“Section 1 bis
“National Transport Services Scheme
"Art. L. 1212-3-1.-The national transport services scheme sets out the state's guidelines for rail transport services of national interest passengers.
"Art. L. 1212-3-2.-The schema referred to in Article L. 1212-3-1 determines, in an objective of development and equality of the territories, the railway transport services of travellers contracted by the State that meet the transport needs. It regulates the conditions under which SNCF Mobility provides unconventional rail transport services of national interest.
"Art. L. 1212-3-3.-The schema referred to in Article L. 1212-3-1 is updated and presented to Parliament at least once every five years. »
TheArticle L. 213-1 of the urban planning code is completed by a j as follows:
“j) Transfers between the SNCF, SNCF Réseau and SNCF Mobility. »
After the third paragraph of Article L. 240-2 of the same code, it is inserted a paragraph as follows:
" - to transfers between SNCF, SNCF Réseau and SNCF Mobility; "
Chapter I of Book I of Part II of the Transport Code is amended as follows:
1° The title of section 2 is as follows: "SNCF Réseau";
2° Articles L. 2111-9 and L. 2111-10 are as follows:
"Art. L. 2111-9.-The national industrial and commercial public establishment called “SNCF Réseau” has the task of ensuring, in accordance with the principles of public service and with the aim of promoting rail transport in France in a sustainable development logic:
« 1° Access to the railway infrastructure of the national railway network, including the allocation of capacity and pricing of this infrastructure;
« 2° Operational traffic management on the national grid;
« 3° Maintenance, including maintenance and renewal, of the national grid infrastructure;
« 4° The development, development, coherence and development of the national grid;
« 5° Management of the service infrastructure owned by the owner and their development.
"SNCF Réseau is the national grid manager. Its management aims at the optimal use of the national railway network, in safety, quality of service and cost control objectives and in conditions ensuring the independence of the functions mentioned in the 1°, guaranteeing free and fair competition and the absence of any discrimination between railway companies.
"For low traffic lines as well as service infrastructure, SNCF Réseau may, by agreement, entrust some of its missions, with the exception of those mentioned in 1°, to any person, according to the management objectives and principles it defines.
"Art. L. 2111-10.-SNCF Réseau concludes with the State a ten-year contract, updated every three years for a ten-year period. The draft contract and the projects of updating are submitted for advice to the Regulatory Authority of railway activities.
"The draft contract and the updating projects as well as the opinion of the Railway Regulatory Authority are forwarded to Parliament.
"SNCF Réseau reports annually, in its activity report, on the implementation of the contract referred to in the first paragraph. This report is submitted to the opinion of the Railway Regulatory Authority. The report of activity and the opinion of the authority are addressed to Parliament and the High Committee of the railway system.
"The High Committee of the Rail Transport System deliberates annually on recommendations of actions and proposals for the evolution of the contract. The outcome of its deliberations is made public and transmitted to Parliament with the strategic orientation report referred to in Article L. 2100-3.
"The contract mentioned in the first paragraph of this article implements the railway network management policy and the railway infrastructure development strategy for which the State defines the directions. It applies to the entire national grid and determines, inter alia:
« 1° The performance, quality and safety objectives of the national ferre network;
« 2° Guidance on the operation, maintenance and renewal of the national grid and the corresponding state and productivity indicators;
« 3° The financial trajectory of SNCF Réseau and, in this context:
“(a) The financial resources allocated to the various missions of SNCF Réseau;
“(b) The principles that will be applied for the determination of the annual infrastructure pricing, including the supervision of the overall annual changes in this pricing;
"(c) Changes in infrastructure management expenditures, including operating, maintenance and renewal expenditures, development expenditures, and measures taken to control these expenditures and the identified productivity objectives;
"(d) The SNCF Resource Coverage Chronicle Network of the full cost to be achieved annually and the path to be followed by the relationship between the net debt of SNCF Network and its operational margin;
« 4° The corrective actions that SNCF Réseau takes if one of the parties fails to meet its contractual obligations and the conditions for renegotiation of those obligations when exceptional circumstances affect the availability of public funding or the financial trajectory of SNCF Réseau.
"The opinion of the Railway Regulatory Authority includes the level and sustainability of the evolution of the pricing of the infrastructure for the railway transport market and the adequacy of the level of forecast revenues with that of the projected expenditures, with regard to the 1°, 2° and c of the 3° of this article, both in terms of maintenance and renewal and development, in order to reach the objective of the coverage of the first ten years
"For the purposes of this section, the full cost is, for a given state of the network, all charges of any kind supported by SNCF Réseau related to the construction, operation, maintenance and development of infrastructure, including the amortization of investments and the remuneration of capital invested by SNCF Réseau.
"SNCF Réseau sets out the method of charging the full cost to the different categories of services offered to railway companies.
"The conditions for the application of this article are set by a decree in the Council of State. » ;
3° After the article L. 2111-10, an article L. 2111-10-1 is inserted as follows:
"Art. L. 2111-10-1.-The investment financing rules of SNCF Réseau are established to control its debt, as follows:
« 1° The maintenance investments of the national ferre network are financed in terms of the contract mentioned in the first paragraph of Article L. 2111-10;
« 2° Investments for the development of the national grid are assessed in relation to ratios defined by Parliament.
"In case of overtaking of one of these ratios, development investment projects are financed by the state, the territorial authorities or any other applicant.
"In the absence of overtaking of one of these ratios, development investment projects are subject to, on the part of the State, territorial authorities or any other applicant, financial competitions to avoid any negative impact on the accounts of SNCF Réseau at the end of the planned investment dampening period.
"The financing rules and ratios mentioned in the first and second paragraphs are designed to ensure a sustainable and sustainable distribution of the financing of the railway system between infrastructure managers and railway companies, taking into account the conditions of intermodal competition.
"For each investment project whose value exceeds a threshold set by decree, the Railway Regulatory Authority shall issue a reasoned opinion on the overall amount of the financial competitions to be brought to SNCF Réseau and on the share of SNCF Réseau, in particular with regard to the provisions of the contract mentioned in the first paragraph of Article L. 2111-10. This notice focuses on the adequacy of new revenue forecasts, particularly with regard to their sustainability for railway companies, as well as the adequacy of the level of these revenues with that of projected investment expenditures. » ;
4° Section L. 2111-11 is amended as follows:
(a) In the first paragraph, after the word "national", the words are inserted: "to a concession of work provided by theOrder No. 2009-864 of 15 July 2009 relating to public works concession contracts, »;
(b) The first two sentences of the second paragraph are replaced by a sentence as follows:
"The concession, contract or agreement may cover all or part of the missions provided by SNCF Réseau, with the exception of operational traffic management. » ;
(c) At the beginning of the last sentence of the second paragraph, the words "The concession" are added;
(d) The last paragraph is amended to read:
-the words: "as mentioned in the second paragraph" are replaced by the words: "assigned to the contractor";
-the words: "to the Société nationale des chemins de fer français and" are deleted;
-the words "including" are replaced by the words "as well as";
(e) It is added a paragraph to read:
"By derogation from I of Article 18 of Act No. 85-704 of 12 July 1985 relating to the mastery of public works and its relationship with the mastery of private works, SNCF Réseau may entrust, by contract, to a group of persons of private law or to a person of private law, a mission covering both the establishment of studies and the execution of work. » ;
5° Articles L. 2111-15 and L. 2111-16 are as follows:
"Art. L. 2111-15.-SNCF Réseau has a board of directors that, by derogation fromArticle 5 of Act No. 83-675 of 26 July 1983 relating to the democratization of the public sector, includes:
« 1° Representatives of the State, as well as officials chosen by the State, either because of their legal, technical or financial skills, or because of their knowledge of the territorial aspects of the activities of SNCF Réseau, or because of their knowledge of the public and private activities concerned by the activity of the institution, appointed by decree;
« 2° Personalities chosen by the SNCF to represent it, appointed by decree on the proposal of the Supervisory Board of the SNCF, as well as the delegated president of the SNCF;
« 3° Representatives of employees, elected under the conditions provided for in the chapter II of title II of Act No. 83-675 of 26 July 1983 referred to above.
"The number of representatives of each category is equal to one-third of the number of members of the Board of Directors.
"At least two of the members designated under 1° are representatives of the regional organizing authorities of rail transport and the Ile-de-France Transport Union.
"At least one of the members designated under 1° is chosen from among the representatives of consumers or users.
"At least one of the members designated under the 1° is selected from the representatives of the approved environmental protection associations under theArticle L. 141-1 of the Environmental Code.
"The statutes of the institution are set by a decree in the Council of State, which determines in particular the modalities for the appointment or election of the members of its board of directors.
"For application of theArticle 6-1 of Act No. 83-675 of 26 July 1983 referred to above, the reference to 1° and 2° of Article 5 of this Act means a reference to 1° and 2° of this Article.
"A member of the Board of Directors of SNCF Réseau may not be simultaneously a member of the Supervisory Board, a member of the Board of Directors or a director of a company directly or through one of its subsidiaries, a railway business or a subsidiary enterprise of a railway business.
"Art. L. 2111-16.-The chair of the SNCF Réseau Board of Directors directs the establishment.
"Before transmitting to the appointing authority any proposed appointment or renewal as the chair of the board of directors of SNCF Réseau, the SNCF Supervisory Board shall notify the Railway Activities Regulatory Authority of the identity of the person and of the conditions, in particular financial, to govern its mandate.
"Before transmitting to the authority vested with the power to revoke any proposal to revoke the president of the board of directors of SNCF Réseau, the supervisory board of SNCF shall inform the Autorité de régulation des activités fers of the reasons for its proposal.
"The Authority for the regulation of railway activities may, within a period of time and conditions fixed by regulation, oppose the appointment or renewal of the chair of the board of directors of SNCF Réseau if it considers that the respect by the proposed person of the conditions set out in section L. 2111-16-1 from the date of his or her appointment or reappointment is insufficiently guaranteed, or oppose to his or her revocation if it considers that » ;
6° Sub-section 2 of section 2 is supplemented by articles L. 2111-16-1 to L. 2111-16-4 as follows:
"Art. L. 2111-16-1.-They are considered to be leaders of SNCF Réseau for the purposes of this section by the Chair of the Board of Directors and General Management officials. The list of executive positions is stopped by the board of directors and communicated to the Regulatory Authority of railway activities, under conditions set by regulation.
"During their tenure, SNCF Réseau executives may not carry out activities or have professional responsibilities in a company that directly or through one of its subsidiaries carries on a railway business or in a subsidiary enterprise of a railway business, or receive, directly or indirectly, no financial advantage from such companies. The evaluation of their activity and their interest can only be determined by indicators, including results, specific to SNCF Réseau.
"In accordance with section L. 2102-9, the exercise of the functions of managing director of the SNCF by the chairman of the SNCF Réseau board of directors is an exception in the second paragraph of this section. »
"Art. 2111-16-2.-The railway system ethics board shall be consulted when the chair of the SNCF Réseau board of directors, a SNCF Network officer in charge of missions referred to in 1st of Article L. 2111-9 or a member of the SNCF Network staff having to know, in the course of its duties, information referred to in Article L. 2122-4-1 wishes to exercise, before the expiration of three years
"The commission referred to in the first paragraph of this article shall, if any, establish a time limit before the expiry of which the person may not exercise new functions incompatible with his or her previous duties. This period may not extend beyond three years after the termination of the functions that motivated the commission's consultation. The meaning of the Board's opinion is made public.
"The conditions for the application of this article, including the composition of the board of ethics of the railway system, are set by decree in the Council of State.
"Art. L. 2111-16-3.-A decree in the Council of State sets out the material conditions guaranteeing the independence of the services responsible for the missions mentioned in the 1st of Article L. 2111-9, in particular with regard to security of access to premises and information systems.
"Art. L. 2111-16-4.-SNCF Réseau takes internal organizational measures to prevent the risk of discriminatory practices between railway companies and to ensure compliance with obligations arising from the rules of impartiality set out in this section. The Authority for the regulation of railway activities renders an opinion on these measures. » ;
7° After the article L. 2111-17, an article L. 2111-17-1 is inserted as follows:
"Art. L. 2111-17-1.-SNCF Réseau publishes annually, in the activity report referred to in the third paragraph of Article L. 2111-10, the amount of its debt reclassified to the debt of public administrations and its prospects for evolution. » ;
8° The first paragraph of Article L. 2111-18 is amended as follows:
(a) After the word: "created" are inserted the words: "or acquired";
(b) The words are added: "it is with them";
9° In Article L. 2111-20, after the word: "Territorial", the words are inserted: "or to groups of territorial authorities";
10° In Article L. 2111-21, the words: "affecting the consistency of the national grid" are deleted;
11° The title of subsection 6 of section 2 is as follows: "Resources";
12° The 4th of Article L. 2111-24 is replaced by 4° and 5° as follows:
« 4° The proceeds of the endowments paid by the SNCF;
« 5° All other public competitions. » ;
13° Article L. 2111-25 is amended as follows:
(a) The first paragraph is supplemented by a sentence as follows:
"As long as the full cost of the network is not covered by all of its resources, SNCF Réseau retains the benefit of the productivity gains it achieves. » ;
(b) The second paragraph is supplemented by the words: "and the Railway Regulatory Authority";
14° Section 2 is supplemented by sub-section 7 as follows:
"Subsection 7
“Social regulation
"Art. L. 2111-26.-Book III of Part I of this Code applies to SNCF Réseau. » ;
15° Article L. 2111-1 is amended as follows:
(a) After the first preambular paragraph, a sub-item reads as follows:
"SNCF Réseau is the sole owner of all lines of the national grid. » ;
(b) The beginning of the second paragraph is as follows: "The National Railway Network Manager referred to in Article L. 2111-9, holders of work concessions, partnership contracts or public service delegations referred to in Articles ... (the remainder without change). » ;
16° In the first paragraph of Article L. 2111-2, the words: "the public establishment Réseau ferré de France" are replaced by the words: "the manager of the national railway network";
17° In the first and last paragraphs of Article L. 2111-11, in the second sentence of the first paragraph and in the first sentence of the second paragraph of Article L. 2111-12, in articles L. 2111-13 and L. 2111-14, in the first sentence of Article L. 2111-17, in the first paragraph of Article L. 2111-18, in articles L. 2111-19, L. 2111-20, L.
The single title of Book I of Part 3 of the General Code of Public Property is supplemented by a chapter IV, which reads as follows:
“Chapter IV
“Transfer of ownership of the public railway domain
"Art. L. 3114-1.-Transfers of ownership of railway infrastructure or service infrastructure owned by the State or one of the public establishments comprising the public railway group referred to in Article L. 2101-1 of the Transportation Code may be operated for the benefit of a region, at the request of the deliberative assembly of the latter.
"These transfers concern only, subject to the defence needs of the country, the lines that the region uses or plans to use to organize transportation services of persons and which are physically separated from the rest of the national grid.
"Art. L. 3114-2.-These transfers do not result in the payment of the expected contribution to theArticle 879 of the General Tax Code, no collection of taxes, duties or taxes of any kind.
"The transfer area shall be substituted for the State or public institutions constituting the railway public group referred to in Article L. 2101-1 of the transport code in all the rights and obligations related to the goods transferred to it, except those relating to damages found prior to the date of the transfer and to taxes or taxes that have been generated prior to that same date.
"Art. L. 3114-3.-The terms of application of this chapter are specified by decree in the Council of State. »
I. - After section 1 of chapter II of title I of book I of the second part of the transport code, is inserted a section 1 bis as follows:
“Section 1 bis
"Regional Lines of Interest
"Art. L. 2112-1-1. - Without prejudice to the provisions of Chapter I of this title, the regions are competent to create or operate regionally-interrupted or guided transport infrastructure.
"For the purposes of this article, the regional interest is extended to the neighbouring departments, subject to the agreement of the relevant regional councils.
"This article is not applicable to the Ile-de-France region or to the territorial community of Corsica. »
II. - In the first paragraph of article L. 2121-10 of the same code, after the word "department", are inserted the words "or region".
In order to promote the port service by rail, the ports may become owners of the harbour railways as well as their equipment and accessories, located within their electoral district or within their administrative limits, and participating in the service of the port area, with the exception of the connected terminal facilities.
Port authorities, SNCF Network and SNCF Mobility have a period of eighteen months from the entry into force of this article to conclude distribution agreements under the conditions provided for in the Articles 4 to 6 of Order No. 2005-898 of 2 August 2005 updating and adapting books III and IV of the Code of Maritime Ports.
Book I of the second part of the transport code is thus modified:
1° Section L. 2121-12 is amended as follows:
(a) The second sentence of the first paragraph is as follows:
"The Railway Activities Control Authority shall verify the main purpose of the service. » ;
(b) In the second paragraph, the word "also" is deleted;
2° Section L. 2133-1 is amended as follows:
(a) In the first sentence, the words "insurance" are replaced by the word "check" and the words "in order to allow, where appropriate, the competent administrative authority to supervise the exercise of these internal desserts," are deleted;
(b) In the second sentence, the words "in the same article" are replaced by the words "in the article";
(c) It is added a paragraph to read:
"The reasoned decision of the Authority for the regulation of railway activities is taken within six weeks from the receipt of all information useful to the instruction. It is subject to appeal to the State Council. »
Within two years of the promulgation of this Act, the Government shall submit to the Standing Committees of the Competent Parliament in rail and financial matters a report on the route of the SNCF Network's debt and the solutions that could be implemented in order to address the evolution of the historical debt of the railway system. This report examines the conditions for the recovery of all or part of this debt by the State as well as the opportunity to create a railway debt depreciation fund.
Title II of Book I of Part II of the Transport Code is amended as follows:
1° Chapter II is amended to read:
(a) Section L. 2122-2 is amended as follows:
- at the beginning, the words: « Réseau ferré de France » are replaced by the words: « SNCF Réseau » ;
-is added a sentence thus written: "This decree specifies, in particular, the rules of priority enjoyed by railway freight services from and to ports. » ;
(b) At the end of the first sentence and the last sentence of Article L. 2122-4, the words "rail companies" are replaced by the word "rail";
(c) After L. 2122-4, articles L. 2122-4-1 and L. 2122-4-2 are inserted as follows:
"Art. L. 2122-4-1.-LArticle 226-13 of the Criminal Code applies to the disclosure, to any person outside the infrastructure manager's services responsible for the allocation of capacity and the pricing of infrastructure, of economic, commercial, industrial, financial or technical information whose disclosure is likely to infringe the rules of free and fair competition and non-discrimination imposed by law. The list of information concerned is determined by regulation. This section does not apply to the communication of the information necessary to carry out their missions to the services responsible for access to infrastructure of other infrastructure managers, on the national territory or on the territory of another Member State of the European Union. It also does not apply to the communication of information to officials and guardianship officers of the infrastructure manager.
"Art. L. 2122-4-2.-Any infrastructure manager shall take internal organizational measures to ensure that the information referred to in L. 2122-4-1 is not disclosed by its staff. A decree in the Council of State defines these measures. » ;
(d) Article L. 2122-9 is supplemented by a sentence as follows:
"Requests for access to service infrastructure and the benefits offered therein are processed within a reasonable period of time, set by the Railway Activities Regulatory Authority. » ;
(e) Article L. 2122-13 is as follows:
"Art. L. 2122-13.- Royalties for service infrastructure benefits cannot exceed the cost of the benefit, plus a reasonable benefit. These royalties encourage infrastructure managers to make optimal use of their resources and available technologies. » ;
2° Chapter III is amended to read:
(a) The title is thus written: "Management of passenger stations and other service infrastructures";
(b) The title of section 1 is deleted and section 2 is repealed;
(c) The first sentence of Article L. 2123-1 is as follows:
"The management of passenger stations and other service infrastructure, when carried out by SNCF Mobility, is subject to separate accounting for the operation of transport services. » ;
(d) After Article L. 2123-2, an article L. 2123-2-1 is inserted as follows:
"Art. L. 2123-2-1.-The regional railway transport organization authority is consulted on the development and station renewal projects undertaken by SNCF Réseau and SNCF Mobility. » ;
(e) Article L. 2123-3 is supplemented by a paragraph as follows:
"It determines the conditions under which railway transport authorities are consulted, for national stations, on development and renewal projects in passenger stations served in the framework of transport services organized by these authorities. It also sets out the conditions under which railway transport authorities can decide, by agreement with SNCF Mobility and SNCF Réseau, to carry out development and renewal projects in other passenger stations within the territorial jurisdiction of these organizing authorities. » ;
(f) An article L. 2123-4 is added as follows:
"Art. L. 2123-4.-I.-For priority passenger stations it defines, SNCF Mobility establishes a secure bicycle parking plan. This plan sets out the number and location of bicycle parking facilities and the terms and conditions of protection against the flight, taking into account the frequentation of the train station, its configuration and the possibilities to access it according to the different modes of travel. It takes into account the possibility of embarking undisassembled bicycles on trains. It programmed the implementation of the related work and included a funding plan. This plan is developed by SNCF Mobility, in consultation with the local authorities and their respective groups.
"It is compatible with the regional pattern of intermodality provided for in Article L. 1213-3-1 and the urban travel plan provided for in Article L. 1214-1, where they exist.
"II.-The plan provided for in this article shall be drawn up within three years of the promulgation of the Act No. 2014-872 of 4 August 2014 bringing rail reform. »
I.-The title III of Book I of Part II of the Transport Code is amended as follows:
1° Article L. 2131-1 is as follows:
"Art. L. 2131-1.-The Authority for the regulation of railway activities is an independent public authority with moral personality. It contributes to the monitoring and proper operation, in its technical, economic and financial dimensions, of the national rail transport system, including public service and competitive activities, for the benefit of railway users and customers. It carries out its tasks by ensuring respect for Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment, including objectives and provisions to promote the development of alternative modes on the road for the transport of goods. » ;
2° Article L. 2131-2 is as follows:
"Art. L. 2131-2.-The Authority for the regulation of railway activities shall annually establish an activity report. It contains all useful recommendations. It is addressed to the Government and Parliament. » ;
3° Article L. 2131-4 is as follows:
"Art. L. 2131-4.-The Railway Activities Regulatory Authority shall ensure that access to the network, passenger stations and other service infrastructure, as well as to the various associated services, is granted in a fair and non-discriminatory manner. It ensures that the network reference document referred to in section L. 2122-5 does not contain discriminatory provisions and does not grant to infrastructure managers discretionary powers that may be used for discrimination against persons authorized to apply for railway infrastructure capabilities.
"It also ensures the coherence of the economic, contractual and technical provisions implemented by infrastructure managers and railway companies in terms of access to the network and associated benefits, with their economic, financial, legal and technical constraints. As such, the Railway Regulatory Authority takes into account, in its analyses, the issues and constraints of the national railway system, including the financial trajectory of the national railway network manager mentioned in the 3rd of Article L. 2111-10. » ;
4° Article L. 2132-1 is amended as follows:
(a) The first sentence is replaced by two sentences as follows:
"The Authority for the regulation of railway activities includes a college and a sanctions commission to impose the sanctions under articles L. 2135-7 and L. 2135-8. The College is composed of seven members appointed by decree because of their economic, legal or technical skills in the railway field, or for their competition expertise, particularly in the field of network industries. » ;
(b) It is added a paragraph to read:
"With the exception of sanctions decisions, the powers entrusted to the Railway Regulatory Authority are exercised by the College. » ;
5° Section L. 2132-2 is amended as follows:
(a) In the beginning, the words are added: "The College of";
(b) It is added a paragraph to read:
"The sanctions commission referred to in Article L. 2132-1 shall adopt and publish a rules of procedure specifying its general operating rules and the rules of procedure applicable to the sanction procedure provided for in Articles L. 2135-7 and L. 2135-8. » ;
6° Article L. 2132-3 is supplemented by the words: "and made public, subject to the secrets protected by law";
7° The first and last paragraphs of Article L. 2132-4 are deleted;
8° Article L. 2132-5 is as follows:
"Art. L. 2132-5.-The President of the Railway Activities Regulatory Authority and its two Vice-Presidents shall perform their duties at full time. Their functions are incompatible with any professional activity, with any departmental, regional, national or European elective mandate, with any public employment and with any direct or indirect detention of interest in the railway sector. » ;
9° The first two paragraphs of Article L. 2132-7 are thus written:
"The two Vice-Presidents are appointed, respectively, by the President of the National Assembly and the Speaker of the Senate.
"The College includes at least one member appointed because of its economic skills, a member appointed as a result of its legal expertise and a member appointed as a result of its technical expertise in the railway sector or its competency expertise, particularly in the area of network industries. The composition of the college ensures a balanced representation between women and men. » ;
10° Article L. 2132-8 is amended as follows:
(a) The first paragraph is as follows:
"The functions of members of the college other than those of president or vice-president are incompatible with any departmental, regional, national or European elective mandate, and with any direct and indirect detention of interest in the railway sector. » ;
(b) In the third paragraph, the words "a or" are deleted;
(c) It is added a paragraph to read:
"At the end of their term of office, members of the college may not occupy any professional position or exercise any responsibility within any of the companies or entities entering the regulatory field for a minimum period of three years, under penalty of the sanctions provided for inArticle 432-13 of the Criminal Code.
11° Section 2 of chapter II is supplemented by an article L. 2132-8-1 as follows:
"Art. L. 2132-8-1.-Before making its decisions, notices or recommendations, excluding the decisions adopted in the procedures set out in sections L. 2134-2, L. 2135-7 and L. 2135-8, the Autorité de regulation des activités fers consults the Government, in order to find out the analyses, in particular with regard to the issues and constraints of the national railway system. » ;
12° After section 2 is inserted a section 2 bis as follows:
“Section 2 bis
« Sanctions Commission
"Art. L. 2132-8-2.-The sanctions commission referred to in Article L. 2132-1 shall consist of three members:
« 1° A member of the Council of State, appointed by the Vice-President of the Council of State;
« 2° An advisor to the Court of Cassation, appointed by the first president of the Court of Cassation;
« 3° A magistrate of the Court of Auditors, appointed by the first president of the Court of Auditors.
"The president of the sanctions commission is appointed by decree among the members of the commission.
"The duties of a member of the sanctions commission are not paid. They are incompatible with those of a member of the board of the Autorité de regulation des activitésrails.
"The term of office of the members of the sanctions commission is six years non-renewable. It is decompleted from the date of the first meeting of the commission. At the expiry of the six-year term, members remain in office until the first meeting of the sanctions commission in its new composition.
"In the event of a vacancy of a member of the sanctions committee, the replacement for the remaining term of office shall be made. A mandate exercised for less than two years is not taken into account for the application of the non-renewal rule referred to in the first sentence of the penultimate paragraph. » ;
13° Section L. 2132-10 is amended as follows:
(a) In the first paragraph, the words "under the Authority" are replaced by the words "under the authority";
(b) In the third paragraph, after the word "President", the words "and vice-presidents" are inserted;
14° At the 1st of Article L. 2132-13, the words "to Réseau ferré de France" are replaced by the words: "to the manager of the national ferré network referred to in Article L. 2111-9,"
15° Article L. 2133-4 is supplemented by two paragraphs as follows:
"For the purpose of verifying and controlling the effectiveness of the accounting separation provided for in the same sections L. 2122-4, L. 2123-1, L. 2144-1 and L. 2144-2, the Authority for the regulation of railway activities may collect, from companies that operate in the management of railway infrastructure, the management of service infrastructure or railway enterprise, all the accounting information it considers necessary.
"The Authority for the regulation of railway activities shall inform the services of the competent State of the potential irregularities with regard to State aids observed in the exercise of its powers. » ;
16° Article L. 2133-5 is amended as follows:
(a) The first paragraph is replaced by four subparagraphs as follows:
"The Authority for the regulation of railway activities shall issue a notice conforming to the fixing of infrastructure fees related to the use of the national railway network with regard to:
« 1° Principles and pricing rules applicable to this network, as provided for in Article L. 2111-25;
« 2° From the sustainability of pricing for the rail transport market, and considering the competitive position of rail transport in the transport market;
« 3° Provisions of the contract, referred to in Article L. 2111-10, between the state and SNCF Réseau. » ;
(b) In the second paragraph, the reference: "in the preceding paragraph" is replaced by the references: "in the first four paragraphs" and the reference: "in that paragraph" is replaced by the reference: "in the first paragraph";
(c) It is added a paragraph to read:
"The Railway Regulatory Authority shall issue a notice in accordance with the setting of royalties relating to access to passenger stations and other service infrastructures and to the prescribed services provided therein, in accordance with the principles and pricing rules applicable to these infrastructures. » ;
17° After the article L. 2133-5, an article L. 2133-5-1 is inserted as follows:
"Art. L. 2133-5-1.-Previously considering the SNCF Network budget by the Board of Directors of the SNCF Network, the Autorité de regulation des activités fers issues a reasoned opinion on this project. This notice includes respect for the financial trajectory defined by the contract between the State and SNCF Network mentioned in Article L. 2111-10.
"If the Railway Activities Regulatory Authority finds that SNCF Network has failed to meet its contractual obligations or that the financial trajectory has been excluded from the contract, it examines its causes and may recommend to the SNCF Network Board of Directors that appropriate corrective measures be implemented. » ;
18° Article L. 2133-9 is as follows:
"Art. L. 2133-9.-The Railway Regulatory Authority may object to the appointment, renewal or revocation of the chair of the Board of Directors of SNCF Réseau, under the conditions set out in section L. 2111-16. » ;
19° Chapter III is supplemented by articles L. 2133-10 and L. 2133-11 as follows:
"Art. L. 2133-10.-The Railway Activities Regulatory Authority ensures that the SNCF decisions respect the independence of SNCF Network in the exercise of the functions defined in the 1st of Article L. 2111-9.
"Art. L. 2133-11.-La SNCF, SNCF Réseau et SNCF Mobilités inform the Autorité de régulation des activitésrails de tout projet de déclassement de biens situé à proximité de voie ferréesexploitation. » ;
20° Section L. 2134-2 is amended as follows:
(a) At the end of the 3rd, the words: "or royalties to be paid under railway pricing" are deleted;
(b) The 4th is supplemented by the words: "and the fees to be paid for the use of the network under the railway pricing system";
(c) The 6th is thus written:
« 6° The exercise of the right of access to passenger stations and other service infrastructures, as well as the provision and pricing of the minimum, complementary or related services offered on these passenger stations and other service infrastructures; »
(d) The second sentence of the penultimate paragraph is supplemented by the words: "and shall take appropriate measures to correct any discrimination or distortion of competition in particular with regard to 1° to 8° of this article."
21° Section L. 2134-3 is amended as follows:
(a) The first paragraph is as follows:
"The Railway Activities Regulatory Authority shall consider all requests made under Article L. 2134-2. It initiates the instruction of each application within one month of its receipt. It seeks all information relevant to the investigation and conducts consultations with the parties concerned. It shall take a decision within a maximum of six weeks from the receipt of all information relevant to the instruction of the application. » ;
(b) In the second sentence of the third paragraph, after the word: "results", the words are inserted: "reparable or";
22° In the first sentence of the second paragraph of Article L. 2135-1, the words: "a report of expertise or external experts" are replaced by the words: "an accountant audit or a report of expertise or external experts to conduct accounting audits or";
23° Section L. 2135-2 is amended as follows:
(a) In the first paragraph, the words "and railway companies" are replaced by the words ", railway companies and the SNCF";
(b) In the first sentence of the second paragraph, the words "and railway companies" are replaced by the words ", railway companies and SNCF";
24° Article L. 2135-7 is amended as follows:
(a) The first paragraph is as follows:
"The Board of Sanctions of the Railway Activities Regulatory Authority may punish the breaches it notes by an infrastructure manager, a railway company or the SNCF, under the following conditions:"
(b) The first paragraph of the first paragraph of the first paragraph is as follows:
"In the event of a failure of an infrastructure manager, a railway company or the SNCF to its obligations under access to the network or its use, in particular in the event of a breach of a regulation made by the authority pursuant to section L. 2131-7 or a decision made by the authority pursuant to sections L. 2133-3 and L. 2133-4, the college shall maintain the authority It can make public this stance. » ;
(c) After the word: "expected", the end of the second paragraph of the same 1° is thus written: "the college of authority may decide the opening of a sanction procedure. He then notifies the grievances to the interested party and seizes the sanctions commission; »
(d) After the same preambular paragraph, a subparagraph shall read:
« 1° bis The authority's sanctions commission may, depending on the gravity of the breach, pronounce against the person concerned:"
(e) In the last sentence of the 1st, the words: "authority" are replaced by the words: "the sanctions commission";
(f) At 2°, the words "or the railway company" are replaced by the words ", the railway company or the SNCF" and, after the word "by", are inserted the words "the college of";
(g) The 3° is thus modified:
-the words: "an infrastructure manager, or a railway company, or" are replaced by the words: "an infrastructure manager, a railway company, the SNCF or";
- after the second occurrence of the word "article", are inserted the words: "the college of";
-the words "that it" are replaced by the words "that the college";
(h) After the word: "inaccurate", the end of the last paragraph is thus written: "The college of authority can refer to the sanctions commission, which is pronounced under the conditions laid down in 1° bis. » ;
25° Article L. 2135-8 is amended as follows:
(a) The first sentence of the first paragraph is as follows:
“The procedure before the sanctions commission is contradictory. » ;
(b) In the first sentence of the second paragraph, the words "authority" are replaced by the words "the sanctions commission";
(c) At the beginning of the first sentence of the fourth paragraph, the words: "The College" are replaced by the words: "The Sanctions Commission";
(d) The beginning of the fifth preambular paragraph reads as follows: "The Sanctions Committee shall deliberate on matters before it outside ... (the rest without change). » ;
(e) The second sentence of the penultimate paragraph is supplemented by the words: "by sanctioned persons, or by the president of the Authority for the regulation of railway activities after agreement of the college of authority";
(f) At the beginning of the last paragraph, the words "Authority" are replaced by the words "The Sanctions Commission".
II.-The procedures for sanctions before the Authority for the regulation of railway activities under way on the date of the first meeting of the sanctions commission referred to in Article L. 2132-1 of the Code of Transport, in its drafting resulting from this Act, shall be pursued in full law by the latter.
Chapter I of title IV of Book I of Part II of the Transport Code is thus amended:
1° The title is thus written: "SNCF Mobility";
2° Article L. 2141-1 is amended as follows:
(a) The first paragraph is as follows:
"The purpose of the national industrial and commercial public establishment called "SNCF Mobility" is to:"
(b) The 4th is repealed;
3° Article L. 2141-3 is as follows:
"Art. L. 2141-3. - SNCF Mobility concludes with the State a ten-year contract, updated every three years for a ten-year period. This contract includes the objectives assigned to the company in terms of quality of service, financial trajectory, development of the railway public service and rail freight, landscaping and responding to the transport needs of the population and economic actors.
"SNCF Mobility reports annually in its activity report on the implementation of the contract referred to in the first paragraph of this article. This report is addressed to Parliament, the Railway Regulatory Authority and the High Committee of the Rail Transport System. » ;
4° Articles L. 2141-6 to L. 2141-8 are as follows:
"Art. L. 2141-6. - SNCF Mobility has a board of directors that, by derogation fromArticle 5 of Act No. 83-675 of 26 July 1983 relating to the democratization of the public sector, includes:
« 1° State officials, as well as personalities chosen by him, either because of their legal, technical or financial skills, or because of their knowledge of the territorial aspects of the activities involved, or because of their knowledge of public and private activities concerned by the activity of the institution, appointed by decree;
« 2° Personalities chosen by the SNCF to represent it, appointed by decree on the proposal of the Supervisory Board of the SNCF, as well as the President of its Director;
« 3° Representatives of employees, elected under the conditions provided for in the chapter II of title II of Act No. 83-675 of 26 July 1983 referred to above.
"At least one of the members designated under the 1st of this Article shall be chosen from among the representatives of consumers or users.
"At least one of the members designated under the 1° is appointed because of its environmental protection and mobility skills.
"The number of representatives of each category is equal to one-third of the number of members of the Board of Directors.
"For application of theArticle 6-1 of Act No. 83-675 of 26 July 1983 referred to above, the reference to 1° and 2° of Article 5 of the same Law means as a reference to 1° and 2° of this Article.
"Art. L. 2141-7. - The statutes of SNCF Mobility are set by a decree in the Council of State, which determines in particular the modalities for the appointment or election of the members of its board of directors.
"Art. L. 2141-8. - The chair of the SNCF Mobility Board directs the establishment. » ;
5° Section L. 2141-9 is repealed;
6° Section L. 2141-11 is amended as follows:
(a) The last paragraph is amended to read:
- after the words: "transport", the words are inserted: "a report indicating in particular";
- after the words: "by line" are inserted the words: "according to a line decomposition defined by each transport organising authority";
- is added a sentence as follows:
"All supporting documents of the elements of this report shall be made available to the transport authority concerned under its control right. » ;
(b) It is added a paragraph to read:
"A decree sets out the contents of the annual report. » ;
7° The first paragraph of Article L. 2141-12 is amended as follows:
(a) After the word: "created" are inserted the words: "or acquired";
(b) The words are added: "it is with them";
8° The title of section 6 is as follows: "Resources";
9° In the first sentence of Article L. 2141-2, Articles L. 2141-4 and L. 2141-5, in the first paragraph of Article L. 2141-10, in the first, second and last paragraphs of Article L. 2141-11, in the first paragraph of Article L. 2141-12, in the first sentence of Article L. 2141-13, in the first sentence of Article L. 2141-14
10° In the first paragraph of Article L. 2141-10 and Article L. 2141-18, the word "submitted" is replaced by the word "submitted";
11° At the beginning of the last two paragraphs of article L. 2141-10, in the first sentence and at the beginning of the second sentence of the first paragraph and at the beginning of the last three paragraphs of article L. 2141-13, in the second sentence of article L. 2141-14, twice, and at the beginning of the second sentence of the first paragraph of article L. 2141-19, the word: "it" is replaced by the word: "it"
12° In Article L. 2141-15, after the word: "Territorial" are inserted the words: "or groups of territorial authorities";
13° After the same article L. 2141-15, an article L. 2141-15-1 is inserted as follows:
"Art. L. 2141-15-1. - Real property used by SNCF Mobility for the exclusive prosecution of the missions provided by a public service contract may be transferred to the competent organizing authority, which makes it available to SNCF Mobility for the prosecution of the missions that are the subject of this public service contract. This assignment is made by payment of an allowance equal to the net book value, net of the subsidies paid by the said organizing authority. » ;
14° Article L. 2141-16 is as follows:
"Art. L. 2141-16. - Real property previously used by SNCF Mobilities which cease to be assigned to the continuation of its missions may, after declassification, be alienated by the public institution and its profit. When the purchaser is a public community, the sale price is equal to the vernal value of the property diminished on the unamortized portion of the subsidies paid by that public community. For application of theArticle L. 3211-7 of the General Code of Public Ownership, the debit applies, if any, to the sale price as defined.
"The declassifications are pronounced by the SNCF Mobility Board. They are subject to the prior authorization of the State, after the opinion of the region. »
I. - Article L. 2144-2 of the Transport Code is amended as follows:
1° Is added a sentence as follows:
"The accounts are prepared in a separate manner for each convention giving rise to public competitions for the period beginning January 1, 2015. » ;
2° Is added a paragraph to read:
"The accounts are held to allow the monitoring of the prohibition to transfer public competitions from one activity to another. »
II. - The 7th of Article L. 1111-9 of the General Code of Territorial Communities is supplemented by the words ", in particular, to the development of stations".
III. - Article L. 2121-2 of the Transport Code is supplemented by a paragraph as follows:
"Any deletion of the boarding service of undisassembled bicycles on board the national passenger rail transport services is subject to notice to the regions concerned. »
IV. - The first sentence of the penultimate paragraph of article L. 2121-3 of the same code is as follows:
"The region defines the tariff policy of services of regional interest for the best economic and social use of the transportation system. »
V. - After article L. 2121-4 of the same code, an article L. 2121-4-1 is inserted as follows:
"Art. L. 2121-4-1. - The rolling stock used by SNCF Mobility for the exclusive prosecution of the missions provided by a public service contract may be taken over by the competent organizing authority, which makes it available to SNCF Mobility for the prosecution of the missions that are the subject of this public service contract. This recovery is made through the payment of an allowance equal to the net book value, net of the subsidies paid by the said organizing authority. It does not give rise to any payment of wages or fees or to any collection of taxes, duties or taxes of any kind. »
VI. - Sub-section 2 of chapter I, section 1, title II of Book I of the second part of the same code is supplemented by an article L. 2121-8-1 as follows:
"Art. L. 2121-8-1. - When a regional interest service is the subject of a convention with SNCF Mobility, SNCF Mobility opens to the competent organizing authority all the data that describe the said service, including planned stops and schedules and actual journey times of trains, as well as the parking parks it has responsibility, for integration into the public information services referred to in section L. 1231-8. »
VII. - In the first paragraph of article L. 2121-9 of the same code, after the reference: "subsection 2", the words ", except articles L. 2121-4-1 and L. 2121-8-1 are inserted."
The general code of territorial authorities is amended as follows:
1° At the end of section L. 2333-66, the words: "or the competent organ of the public institution" are replaced by the words: ", the competent organ of the public intercommunal cooperation institution, or the regional council";
2° Section L. 2333-67 is amended as follows:
(a) At the beginning, the mention is added: "I. -";
(b) It is added a II as follows:
“II. - Outside Ile-de-France and overseas regions, the rate of payment is fixed or modified by deliberation of the regional council, within 0.55%, in territories located outside urban transport scope. » ;
3° Section L. 2333-68 is amended as follows:
(a) In the first sentence, after the word: "payment", the words are inserted: "as mentioned in article L. 2333-67";
(b) Is added a sentence as follows:
"The payment referred to in Part II of Article L. 2333-67 of this Code is allocated to the financing of expenses related to the organization of regional transport. » ;
4° Article L. 2333-70 is amended as follows:
(a) In the first paragraph of the I, the words "or public establishment" are replaced by the words ", public establishment or region";
(b) In the first paragraph of II, the words "or territorially competent public institutions" are replaced by the words ", territorially competent public institutions or regions";
(c) In the second paragraph of paragraph II, the words "to communes or public institutions" are deleted;
5° In section L. 2333-71, the words "or the public establishment" are replaced by the words: ", the public establishment and the region distribute";
6° In Article L. 2333-74, the words "is empowered" are replaced by the words "and the region is empowered".
I.-Article L. 1321-1 of the transport code is amended as follows:
1° In the first paragraph, the words: "rail transport companies" are replaced by the words: "under the collective railway agreement provided for in Article L. 2162-1, to employees referred to in Article L. 2162-2, to employees of transport companies";
2° In the second paragraph, the words "of the Société nationale des chemins de fer français" are deleted.
II.-In the first paragraph of Article L. 1321-3 of the same code, after the reference: "L. 1321-1," the words are inserted: "with the exception of the companies of the railway industry and employees referred to in Article L. 2162-2."
III.-Section 2 of Chapter I of Book III of Part I of the Code is supplemented by an article L. 1321-3-1, as follows:
"Art. L. 1321-3-1.-For employees under the railway collective agreement and employees referred to in Article L. 2162-2, the stipulations of a business or settlement agreement relating to the duration and layout of the working time may not include provisions that are less favourable than those of an agreement or branch agreement. »
IV.-The title of section 6 of the same chapter I is read as follows: "Pools".
V.-Article L. 1321-9 of the same code is supplemented by a paragraph as follows:
"They also apply to employees of the companies referred to in sections L. 2161-1 and L. 2161-2 whose activities are intermittent or whose activities are related to the transport schedules and to the assurance of the continuity and regularity of traffic. »
VI.-Book I of the second part of the same code is supplemented by a title VI as follows:
« Title VI
« RELATIONS OF THE WORK
“Chapter IER
“Term of work
"Art. L. 2161-1.-A decree in the Council of State sets out the rules relating to the period of work common to public establishments constituting the public railway group referred to in Article L. 2101-1 as well as to companies holding a security certificate or a security certificate issued under Article L. 2221-1 whose main activity is the carriage of goods or passengers, and to companies holding a security clearance or security certificate issued L. 2221-1 whose main activity is the management, operation or maintenance of fixed railway infrastructure lines and facilities under operation.
"These rules guarantee a high level of traffic safety and continuity of service and ensure the protection of the health and safety of workers, taking into account the specificities of the trades, especially in terms of working and rest periods.
"Art. L. 2161-2.-The Order in Council provided for in Article L. 2161-1 is also applicable to employees assigned to the activities of the railway transport of goods or passengers in enterprises holding a security certificate or a security certificate, regardless of the main activity of these undertakings, as well as to employees assigned to the activities of the management, operation or maintenance under operation of the fixed lines and installations of railway infrastructures in enterprises holding a security certificate
“Chapter II
« Collective bargaining
"Art. L. 2162-1.-A branch collective agreement is applicable to employees of public establishments constituting the railway public group referred to in Article L. 2101-1 as well as to employees of companies holding a security certificate or a security certificate issued under Article L. 2221-1 whose main activity is the rail transport of goods or passengers, and to employees of companies holding a security clearance or a security certificate of the same L. 2221-1 whose main activity is the management, operation or maintenance of fixed railway infrastructure lines and facilities under operation.
"Art. L. 2162-2.-The agreement provided for in Article L. 2162-1 is also applicable to employees referred to in Article L. 2161-2, for substances subject to the regulations provided for in that Article. »
After article L. 2231-8 of the same code, an article L. 2231-8-1 is inserted as follows:
"Art. L. 2231-8-1.-Any owner or operator of a radio facility shall ensure that it does not interfere with the proper operation of railway traffic, and that the railway requirements established by order of Ministers responsible for transport and industry are met. »
Article L. 2221-1 of the same code is supplemented by a sentence as follows:
"In an objective of social and economic efficiency for the benefit of all actors of the railway system, it promotes and disseminates good practices in the application of safety regulations and railway interoperability. »
I.-Chapter I of Book II title II of Part II of the Code is supplemented by a section 3 as follows:
“Section 3
"Report of events involving rail safety
"Art. L. 2221-11.-Without prejudice to the suspension or withdrawal, for the purpose of preserving railway safety, of the authorization referred to in section L. 2221-1, the Public Railway Safety Institution may punish the breaches of a person holding the said authorization to the obligations prescribed by the safety regulations in respect of the declaration of railway accidents and incidents, or the compliance with the conditions to which it was granted
"The Public Rail Safety Institution may pronounce against a person referred to in the first paragraph of this section, by a reasoned decision, a monetary penalty, the amount of which is proportionate to the seriousness of the breach, its possible reiteration, the situation of the interest and the benefits derived from it, without being able to exceed €20,000 by default. The Public Railway Safety Institution may make public this sanction.
"The monetary penalties are recovered as the claims of the foreign state to the tax and the estate. The corresponding amounts are paid to the Public Railway Safety Institution.
"Art. L. 2221-12.-No disciplinary penalty may be imposed on the individual who reported a breach of his or her obligations by the holder of an authorization necessary for the exercise of a railway activity or an authorization referred to in section L. 2221-1. »
II.-After the 4th of the article L. 2221-6 of the same code, it is inserted a 5th so written:
« 5° The monetary penalties recovered under Article L. 2221-11. »
I.-Le I de l'article L. 2241-1 du même code est compléter par un 5° ainsi écrit :
« 5° Sworn officers from the internal security service of the SNCF referred to in section L. 2251-1-1. »
II.-After article L. 2241-1 of the same code, an article L. 2241-1-1 is inserted as follows:
"Art. L. 2241-1-1.-In the exercise of their missions to secure persons and goods in the public transport of passengers by rail or guided, national police officers and national gendarmerie personnel freely access trains in French territory.
"The terms and conditions of application of this article shall be determined by decree. »
III.-In the first paragraph of Article L. 2241-2 of the same code, the reference: "at 4°" is replaced by the references: "at 3° to 5°".
IV.-Chapter II of Book II of Part II of the Code is supplemented by an article L. 2242-9 as follows:
"Art. L. 2242-9.-The obstacle to the provisions of Article L. 2241-1-1 is subject to an administrative fine of 15,000 €. »
Chapter I of Book II title IV of Part II of the Code is supplemented by an article L. 2241-9, which reads as follows:
"Art. L. 2241-9.-Serious events, related to delinquency or serious public disturbances occurring on board their trains, are brought by railway companies to the attention of the Minister of Interior's services responsible for securing railway transport networks, as soon as possible. »
Title V of Book II of the second part of the same code is amended as follows:
1° The title is thus written: "Internal security services of the SNCF and the Autonomous Régie des transports parisiens";
2° In the first paragraph, in the first sentence of the second paragraph and in the third and final paragraphs of article L. 2251-1, in the first sentence of the first paragraph of article L. 2251-2, in the first paragraph of articles L. 2251-3 and L. 2251-4, and in article L. 2251-5, the words: "French National Railway Corporation" are replaced by the words "SNCF";
3° Section L. 2251-1 is amended as follows:
(a) The second sentence of the second paragraph is deleted;
(b) In the third paragraph, the references: "of the second paragraph of the article 2 and article 4 Act No. 83-629 of 12 July 1983 regulating private surveillance activities are replaced by the references: "Articles L. 612-2 and L. 612-4 of the Internal Security Code";
4° In article L. 2251-5, the references: " 15 and 16 of Act No. 83-629 of 12 July 1983 regulating private security activities are replaced by the references: "L. 617-15 and L. 617-16 of the Internal Security Code";
5° After L. 2251-1, insert items L. 2251-1-1 and L. 2251-1-2 as follows:
"Art. L. 2251-1-1. - The internal security service of the SNCF carries out this mission for the benefit of SNCF Réseau, SNCF Mobility and all other railway companies using the national railway network and their personnel, at their request and in a formalized framework.
"This mission is carried out in the real estate assets necessary for the operation of the railway transport services of persons and goods and in the public transport vehicles of persons affected therein.
"The SNCF publishes an annual reference and pricing document for security benefits. The Autorité de regulation des activités fers issues a notice conforming to the pricing of these benefits. The performance of these benefits is carried out in transparent, fair and non-discriminatory conditions between railways.
"The conditions for the application of this article are defined by decree in the Council of State.
"Art. L. 2251-1-2. - For the Autonomous Régie des transports parisiens, this mission is carried out in the real estate assets necessary for the operation of the service managed by this public establishment and in its public passenger vehicles. »
The same code is amended:
1° At 4° of the I of Article L. 1241-2, in Article L. 1241-18, in the first sentence of the first paragraph of Article L. 2142-3, in the second paragraph of Article L. 2231-6, in the second paragraph and in the last paragraph, twice, of Article L. 2232-1 and in the first and second paragraphs of Article L. 5351-4, the words "Network" are replaced
2° In the first paragraph and in the first sentence of the second paragraph of Article L. 1241-4, the words: "the public establishment Réseau ferré de France" are replaced by the words: "SNCF Réseau";
3° In article L. 1241-18, in the first and second paragraphs of articles L. 2121-2 and L. 2121-4, in the second paragraph of article L. 2121-6, in the second sentence of the first paragraph and in the last paragraph of article L. 2121-7, the words: "the Société nationale des chemins de fer français" are replaced by the words: "SNCF Mobilités";
4° In the second paragraph of Article L. 2121-6, the words "the latter" are replaced by the words "the latter";
5° Au a et à la première phrase de l'avant-dernier alinéa du 1° de l'article L. 2221-6, les mots : « à Réseau ferré de France » sont modifiés par les mots : « au manager du réseau ferré national figurant à l'article L. 2111-9 » ;
6° In the first sentence of Article L. 2221-7, the words: "and the Société nationale des chemins de fer français" are replaced by the words: "or agents of the public railway group referred to in Article L. 2101-1".
I.-The public establishment referred to in section L. 2102-1 of the Transportation Code, as a result of this Act, is created on December 1, 2014.
II.-The public institution known as the " Réseau ferré de France" takes the name "SNCF Réseau" and the public establishment known as the "Société nationale des chemins de fer français" is called "SNCF Mobilités".
III.-The changes in names referred to in II are made solely by law.
Derogation from II of Article 6 of Law No. 2011-103 of 27 January 2011 on the balanced representation of women and men in boards of administration and supervision and professional equality,Article 6-1 of Act No. 83-675 of 26 July 1983 Public sector democratization is applicable to the SNCF Supervisory Board as well as to the SNCF Mobility and SNCF Network Boards as soon as this Act comes into force.
The elections of employee representatives to the SNCF Supervisory Board and the SNCF Network and SNCF Mobility Boards are held simultaneously in all public establishments of the railway public group, within six months of its constitution.
Table annexed to Act No. 2010-838 of 23 July 2010 relating to the application of the fifth paragraph of Article 13 of the Constitution is thus amended:
1° After the forty-fourth line, is inserted a line as follows:
“
| Chairman of the SNCF Supervisory Board | Competent Transport Commission |
» ;
2° In the first column of the forty-fifth line, the words: "Advisory Board of Directors of Réseau ferré de France" are replaced by the words: "Directory of the SNCF";
3° The penultimate line of the first column is thus written: "President Delegate of the SNCF Director".
I. - Assets belonging to SNCF Mobility, as well as those belonging to the State and managed by SNCF Mobility and attached to the infrastructure management missions referred to in Article L. 2111-9 of the Transport Code, in its drafting resulting from this Act, in particular those contained in the dissociated accounts established pursuant to Article L. 2122-4 of the same Code, are, on the date of January 1, 2015, transferred to SNCFs On that same date, SNCF Réseau is substituted for SNCF Mobility for rights and obligations of any kind, including intangible, attached to these same missions. These operations are carried out in full law, notwithstanding any provision or stipulation to the contrary, and lead to the effects of a universal transmission of heritage. They have no impact on these assets, rights and obligations and, in particular, do not result in the modification of existing contracts and conventions entered into by SNCF Réseau, SNCF Mobility or the companies related to them in the sense of Articles L. 233-1 to L. 233-4 of the Commercial Codeneither their termination, nor, if any, the advance refund of the debts that are the subject of it. The social liabilities transferred are those attributable to the above-mentioned infrastructure management missions for the rights of active agents and former agents.
II. - The transfer of the SNCF infrastructure activity is based on the net accounting values in the accounts separated from the SNCF infrastructure activity presented by SNCF Mobility. The balance of the transfer is valued on the basis of the net accounting values at the last closing before the transfer, which are determined in the continuity of the accounting principles applied for the establishment of the separate accounts of SNCF Mobility for the year 2012, subject to the evolution of the accounting standards and under conditions ensuring the absence of a negative impact on the equity of the consolidated accounts of SNCF Mobility and SNCF Network.
The transfer of social commitments and, possibly, associated assets is realized on the basis of the net accounting values in the consolidated accounts of SNCF Mobility. The balance of the transfer is valued on the basis of the net accounting values at the last close before the transfer, which are determined in the continuity of the accounting principles applied for the establishment of the consolidated accounts of SNCF Mobility for the year 2012, subject to the evolution of the accounting standards and under conditions ensuring the absence of a negative impact on the equity of the consolidated accounts of SNCF Mobility and SNCF Réseau.
The transfer of other assets, rights and obligations is based on the net accounting values in the individual accounts of SNCF Mobility. The balance of the transfer is valued on the basis of the net accounting values at the last close before the transfer, which are determined in the continuity of the accounting principles applied for the establishment of the individual accounts of SNCF Mobility for the year 2012, subject to the evolution of the accounting standards and under conditions ensuring the absence of a negative impact on the equity of the individual accounts of SNCF Mobility and SNCF Réseau.
III. - These transactions do not give rise to any payment of wages or fees for the benefit of State agents, nor to the payment of any compensation, tax, right or contribution, including that provided for in theArticle 879 of the General Tax Code.
IV. - The scope of the transferred property, rights and obligations is approved by decision of the competent authority.
V. - The protocols in force on the date of the transfer under this section between SNCF Mobility and the direction of the infrastructure or the direction of the railway traffic for the purposes of the missions referred to in the second paragraph of Article L. 2111-9 of the Transport Code, in its drafting prior to this Act, acquire on the date of this transfer of contract value between SNCF Mobility and SNCF Réseau and continue their effect for the duration of the transactions they govern,
VI. - Within two years of the promulgation of this Act, the Government shall submit to the Standing Committees of the Competent Parliament on Rail a report on the management of passenger stations and on the terms and conditions and the impact of a transfer of the passenger train to SNCF Réseau or to transport operator authorities. The report also explores the possibility of creating a public institution that incorporates all the Stations & Connections missions and would be integrated into the public railway group.
I. - Assets belonging to SNCF Mobility as well as those belonging to the State and managed by SNCF Mobility and attached to the exercise of the SNCF missions defined in Article L. 2102-1 of the Transport Code are, on the date of January 1, 2015, transferred in full ownership to the SNCF. Assets belonging to SNCF Network and committed to the exercise of the SNCF missions defined in the same section L. 2102-1 are, as of January 1, 2015, transferred in full ownership to the SNCF. On that same date, the SNCF is substituted for SNCF Mobility and SNCF Réseau for rights and obligations of any kind, including intangible, attached to these same missions. These operations are carried out in full law, notwithstanding any provision or stipulation to the contrary, and lead to the effects of a universal transmission of heritage. They have no impact on these assets, rights and obligations and, in particular, do not result in the modification of existing contracts and conventions entered into by SNCF Réseau, SNCF Mobility or the companies related to them in the sense of Articles L. 233-1 to L. 233-4 of the Commercial Codeneither their termination, nor, if any, the advance refund of the debts that are the subject of it. The social liabilities transferred are those attributable to the above-mentioned SNCF missions for the rights of active agents and former agents.
II. - These transactions are carried out on the basis of the net accounting values in the individual accounts of SNCF Mobility and SNCF Network. The balance of the transfer is assessed on the basis of the net accounting values at the last closing of the transfer, which are determined in the continuity of the accounting principles applied for the establishment of the individual accounts for the year 2012, subject to the evolution of the accounting standards and under conditions ensuring the absence of a negative impact on the individual equity of SNCF Mobility, SNCF Réseau and SNCF.
III. - These transactions do not give rise to any payment of wages or fees for the benefit of State agents, nor to the payment of any compensation, tax, right or contribution, including that provided for in theArticle 879 of the General Tax Code.
IV. - The scope of the transferred property, rights and obligations is approved by decision of the competent authority.
V. - The whole railway public group participates in the mobilization of public land in accordance with the terms provided by the Act No. 2013-61 of 18 January 2013 on the mobilization of public land for housing and the strengthening of social housing production obligations.
I. - The terminals of goods listed in the SNCF reference offer for the 2015 hourly service and annexed to the reference document of the national railway network, owned by the State and managed by SNCF Mobility, are, on the date of January 1, 2015, transferred in full ownership to SNCF Réseau. On that same date, SNCF Réseau is substituted for SNCF Mobility for rights and obligations of any kind, including intangible, attached to these assets.
II. - An agreement between SNCF Réseau and SNCF Mobilities determines the perimeter of cargo terminals other than those mentioned in I and that of service infrastructures other than passenger stations and maintenance centres, whose property is transferred to SNCF Réseau. This agreement is subject to the opinion of the Railway Regulatory Authority.
In the absence of agreement as at 31 December 2015, an order of Ministers responsible for transport, domains and budget, taken after the compliant opinion of the Autorité de regulation des activitésrails, notes the transfer to SNCF Réseau of all the service infrastructures listed in the SNCF reference offer for the time service 2013, other than passenger stations and maintenance centres, owned by the State and managed by SNCF Mobility.
III. - The transfers provided for in I and II of this section are made under the conditions provided for in II and III of section 29 of this Act.
I. - The coming into force of this Act does not affect the legislative and regulatory provisions governing the situations of personnel from the Société nationale des chemins de ferré de France and their subsidiaries.
Unless otherwise stipulated, and for a period not exceeding eighteen months after the constitution of the railway public group:
1° The staff of the SNCF, SNCF Mobility and SNCF Réseau from Réseau ferré de France or the Société nationale des chemins de fer français continue to identify, for their part and exclusively, conventional stipulations that were applicable to them before the formation of the public railway group;
2° Personnel hired at the SNCF, SNCF Mobility or SNCF Network after the establishment of the public railway group are subject to the conventional provisions applicable to personnel from the French National Railway Corporation.
At the end of the period of eighteen months referred to in the second paragraph, and unless otherwise stipulated by an agreement of the public railway group, the conventional stipulations that were applicable to employees of the Société National des chemins de fer français are to all employees of the public railway group. Employees from Réseau ferré de France retain the individual rights resulting from the conventions or agreements that were applicable to them before the formation of the public railway group.
II. - The employment contracts of employees governed by the statute and of employees under the collective agreements of the Société nationale des chemins de fer français, which exclusively or principally contribute to the missions entrusted to SNCF Mobilités, remain between this public institution and those employees.
III. - The employment contracts of employees governed by the statute and of employees under the collective agreements of the Société nationale des chemins de ferré de France and which contribute exclusively or principally to the missions entrusted to SNCF Network remains between this public institution and these employees.
IV. - The employment contracts of employees governed by the statute and of employees under the collective agreements of the Société nationale des chemins de ferré de France and which contribute exclusively or principally to the tasks entrusted to the SNCF remain between this public institution and those employees.
V. - Within eighteen months of the formation of the public railway group, employees from Réseau ferré de France who met the conditions of employment in the status during their recruitment can opt for the status, under conditions fixed by regulation.
Section 1 of the so-called "law of October 3, 1940" relating to the working regime of railway officers of the French National Railway Corporation is repealed.
As a transitional measure, employees of the SNCF, SNCF Réseau and SNCF Mobilités maintain their working-time regime until the publication of the extension of the collective agreement on rail transport or the extension of the agreement on the organization and development of working time in rail transport, and no later than 1 July 2016. During this period, trade union organizations of employees representative of the public railway group can negotiate a collective agreement on the duration of work applicable to employees of the SNCF, SNCF Réseau and SNCF Mobility.
The agreement provided for in Article L. 2162-1 of the Transportation Code is negotiated and entered into within the framework of a joint parity commission composed of representatives of employers and representatives of trade union organizations representative of employees of all enterprises entering the scope of the same article. For the purposes of this article andArticle L. 2232-6 of the Labour Code, the representativeness of employee union organizations is appreciated in accordance with the terms set out in article L. 2122-5 of the same code, holding the results of the last elections in these companies.
The ownership of the property of the public domain of the State entrusted to the Société nationale des chemins de fer français and necessary for the rail transport carried out for the defence needs is transferred to SNCF Réseau. On the date of this transfer, SNCF Réseau is substituted for SNCF Mobility for rights and obligations of any kind, including intangible, attached to these same assets.
In the absence of agreement on 31 December 2014 between the Société nationale des chemins de fer français and Réseau ferré de France, the list of goods concerned is set by decree of ministers responsible for transport, defence, fields and budget.
These transfers are effected as of January 1, 2015, under the conditions set out in Article 29 II and III.
The members of the Authority for the regulation of railway activities in office on the date of publication of this Act shall exercise their mandate until the end of the Act.
The Vice-Presidents appointed by the Presidents of the National Assembly and the Senate shall be appointed upon expiry of the current term of the members of the College, respectively appointed by the Presidents of the National Assembly and the Senate.
The Government is empowered, under the conditions provided for in Article 38 of the Constitution and within twelve months of the promulgation of this Act, to take, by order, all measures of a legislative nature to bring into line the existing legislative provisions with the amendments made by this Act, to repeal the provisions that have become unenforceable as a result of the coming into force of this Act and to complete the transposition, initiated by this Act, of the Directive 2012/34/te
A bill of ratification is tabled before Parliament within four months of the issuance of the order.
Derogation from the provisions of Labour code relating to the duration of mandates, advance professional elections are held within each public institution comprising the public railway group within one year of the formation of the public railway group.
Effective January 1, 2015 and until the announcement of the results of the professional elections, the representativeness of trade union organizations at the railway public group level is measured in accordance with the Articles L. 2122-1 to L. 2122-3 of the Labour Code, adding the votes cast in the first round of the last elections of the members holding the works councils and establishment of the Société nationale des chemins de ferré de France. From 1 January 2015, by derogation from the first two paragraphs of Article L. 2143-5, representative trade union organizations at the level of the railway public group designate central trade union delegates. On that same date, the terms of reference of the central union delegates appointed to the Société nationale des chemins de ferré de France and Réseau ferré de France are terminated.
The terms of reference of the staff representatives in progress at the time of the formation of the public railway group are maintained from the formation of the public railway group in each industrial and commercial public establishment until the results of the advance elections mentioned in the first paragraph of this article are announced.
This Act comes into force on 1 January 2015, with the exception of 7° to 10° of I of Article 13, I of Article 25 and sections 37 and 38.
This law will be enforced as a law of the State.
Done in Paris, August 4, 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Ecology, Sustainable Development and Energy,
Royal
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Economy, Production Recovery and Digital,
Arnaud Montebourg
Minister of Labour, Employment and Social Dialogue,
François Rebsamen
State Secretary for Transport, the Sea and Fisheries,
Frédéric Cuvillier
