Key Benefits:
The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2014-701 DC of 9 October 2014;
The President of the Republic enacts the following legislation:
I.-Before Book I of the Rural and Maritime Fisheries Code, a preliminary book is added as follows:
« PRELIMINARY Book
"OBJECTIVES OF POLICY IN FAVOR OF AGRICULTURE, AGREEMENT AND MARITIME PAST
"Art. L. 1.-I.-The policy in favour of agriculture and food, in its international, European, national and territorial dimensions, aims:
« 1° As part of the Government's food policy, ensure that people have access to safe, healthy, diversified, good quality and sufficient food, produced in economically and socially acceptable conditions by all, promoting employment, environmental protection and landscapes, and contributing to mitigation and adaptation to the effects of climate change;
« 2° To develop production and transformation channels that combine economic, social performance, especially through a high level of social, environmental and health protection, capable of meeting the double challenge of competitiveness and ecological transition, in a context of international competition;
« 3° To support income, develop employment and improve the quality of life of farmers and employees and to preserve the family character of agriculture and the autonomy and individual responsibility of the operator;
« 4° To support research, innovation and development, in particular biosoured products and plant chemistry;
« 5° To contribute to the protection of public health and health of farmers and agricultural workers, to the well-being and health of animals, to the health of plants and to the prevention of zoonoses;
« 6° To develop added value in each of the agricultural and food sectors and to strengthen the export capacity of France;
« 7° To seek the balance of trade relations, in particular by a better sharing of value added;
« 8° To participate in the development of the Territories in a balanced and sustainable manner, taking into account specific situations in each region;
« 9° To encourage the territorial anchorage of the production, processing and marketing of agricultural products, including through the promotion of short circuits, and to promote the diversity of products and the development of productions under signs of identification of quality and origin;
« 10° To promote consumer information on the location and mode of production and processing of agricultural and agri-food products;
« 11° To promote the conversion and development of agriculture and biological industries within the meaning of Article L. 641-13;
« 12° To contribute to the energy transition, by contributing to energy savings, the development of renewable energy and the nation's energy independence, including the optimal and sustainable development of agricultural and agri-food by-products from a circular economy perspective;
« 13° To contribute to food aid;
« 14° To respond to population growth, by rebalancing the terms of trade between countries in a European framework and international cooperation based on respect for the principle of food sovereignty that allows for sustainable and equitable development, fighting hunger in the world and supporting the emergence and consolidation of food autonomy in the world;
« 15° To contribute to the collective organization of actors;
« 16° To develop risk prevention and management systems;
« 17° To protect and value agricultural land.
"The rural development policy set out in Article L. 111-2 and the special provisions of the agricultural professions in respect of social protection and labour law set out in Book VII contribute to these purposes.
"II.-Public policies aim to promote and sustain agroecological production systems, including organic production, that combine economic, social performance, especially through a high level of social, environmental and health protection.
"These systems favour the autonomy of farms and the improvement of their competitiveness, by maintaining or increasing economic profitability, by improving the added value of productions and by reducing the consumption of energy, water, fertilizer, phytopharmaceutical products and veterinary medicines, in particular antibiotics. They are based on biological interactions and the use of ecosystem services and potentials offered by natural resources, in particular water resources, biodiversity, photosynthesis, soils and air, maintaining their capacity to renew from a qualitative and quantitative perspective. They contribute to mitigation and adaptation to the effects of climate change.
"The State encourages the use by farmers of innovative practices and crop systems in an agro-ecological approach. As such, it supports professional actors in the development of biocontrol solutions and ensures that the evaluation and marketing authorization processes of these products are accelerated.
"The State facilitates the interaction between social sciences and agronomic sciences to facilitate the production, transfer and pooling of knowledge, including on agricultural materials, necessary for the transition to agroecological models, using, inter alia, associative or cooperative networks.
"III.-The State shall ensure, in particular, the implementation of its Senegalese missions, the safety of food.
"The national food programme determines the objectives of the food policy mentioned in 1° of this article, including social justice, youth food education and the fight against food waste. In order to ensure the territorial anchorage of this policy, it specifies the modalities to involve territorial authorities in the achievement of these objectives. It offers categories of actions in the areas of education and information to promote food balance and diversity, local and seasonal products, as well as nutritional and organoleptic quality of food supply, in accordance with the guidelines of the national nutrition and health programme defined in the nutrition and health programmeArticle L. 3231-1 of the Public Health Code.
"The national food program encourages the development of short circuits and geographical proximity between agricultural producers, processors and consumers. It includes actions to be implemented for the supply of collective, public and private food, seasonal agricultural products or products under signs of quality and origin identification, particularly from organic farming.
"Actions that meet the objectives of the national food program and the objectives of the regional sustainable agriculture plans, as defined in Article L. 111-2-1 of this Code, may take the form of territorial food projects. The aim is to bring producers, processors, distributors, local authorities and consumers together and to develop agriculture in the territories and the quality of food.
"The National Food Council participates in the development of the national food program, including through the analysis of the expectations of society and the organization of public debates, and contributes to the monitoring of its implementation. Discussions are also organized in each region by the regional economic, social and environmental council, referred to in theArticle L. 4134-1 of the General Code of Territorial Communities.
"IV.-The objective of the policy of installation and transmission in agriculture is:
« 1° To contribute to the renewal of generations in agriculture;
« 2° To promote the creation, adaptation and transmission of farms in a family and non-family environment;
« 3° To promote the diversity of production systems in the territories, in particular those that generate employment and value-added and those that combine economic, social performance, especially through a high level of social, environmental and health protection, especially those of agro-ecology;
« 4° Maintain a number of agricultural operators across the territories to address accessibility, landscape maintenance, biodiversity and land management issues;
« 5° To accompany all the installation projects;
« 6° To encourage forms of progressive installation that allow access to the responsibilities of the Chief Operating Officer while developing a project of exploitation, and to promote the individualization of professional paths.
"As part of this policy, the State facilitates access to agricultural land in transparent and equitable conditions. It provides training in the trades of agriculture, forest, aquaculture, processing and marketing of agricultural products and related trades, in a manner that is adapted to economic, social, environmental and health developments and to the development of the territories.
"V.-The policy for agriculture and food takes into account the specificities of the overseas territories as well as all the economic, social and environmental issues of these territories. Its objective is to promote the development of overseas agricultural productions, by supporting their access to markets, research and innovation, the organization and modernization of agriculture through the structuring in competitive and sustainable organized sectors, employment, the satisfaction of local food demand through local productions, the development of renewable energies, special quality approaches and family farming, as well as to respond to the specificity of local food demand by local productions
"VI.-The policy for agriculture and food takes into account the specificities of mountain territories, in accordance withArticle 8 of Act No. 85-30 of 9 January 1985 relating to mountain development and protection. It recognizes the positive contribution of farms to the maintenance of space and the preservation of mountainous natural environments, particularly in terms of biodiversity. It contributes to the maintenance of agricultural activity in the mountains, by sustaining the specific support mechanisms that are granted to it to fight the invasion by the friche of pastoral space and to preserve it from the damage caused by the great predators.
" VII-The policy for agriculture and food takes into account the specificities of wetlands, in accordance withArticle L. 211-1 of the Environmental Code.
"Art. L. 2.-The policy of marine fisheries, aquaculture and offshore activities as defined in Article L. 911-2 of this Code contributes to the food policy and development of coastal areas, by promoting the competitiveness of the industry and the marketing of quality products, as part of a sustainable exploitation of the resource. »
II.-After the 3rd of article L. 111-2 of the same code, it is inserted a 3rd bis as follows:
"3° bis Maintain and develop the fields of livestock and pastoralism because of their essential contribution to the development and development of the territories; "
III.-Article L. 121-1 of the forest code is amended as follows:
(a) After the first paragraph, eight subparagraphs are inserted:
"The state is watching:
« 1° Adaptation of forest species in the middle;
« 2° To optimise carbon storage in wood and forests, wood and wood products;
« 3° Maintaining biological balance and diversity and adapting forests to climate change;
« 4° The regeneration of forest stands in satisfactory conditions of sylvo-cynegetic balance, in the sense of last paragraph of Article L. 425-4 of the Environmental Code ;
« 5° To the satisfaction of the needs of the wood industries, in particular by the balance of the age classes of forest stands at the national level;
« 6° To strengthen the competitiveness and sustainability of wood-use industries, the optimal development of national forest resources, and the training of new timber trades;
« 7° Territorial development. » ;
(b) The second paragraph is amended to read:
- at the beginning of the first sentence, the word "She" is replaced by the words "The Forest Policy";
-the third sentence is deleted.
IV.-Section 1 of Act No. 99-574 of 9 July 1999 on agricultural orientation is repealed.
V.-A the first sentence of Article 124 III of the Financial Law for 2002 (No. 2001-1275 of 28 December 2001), the words: "of public funding established at theArticle 1 of Act No. 99-574 of 9 July 1999 referred to above are replaced by the words: "public funding."
I.-Article L. 611-1 of the Rural and Maritime Fisheries Code is amended as follows:
1° The first paragraph is amended to read:
(a) After the word: "interested" are inserted the words: "from the establishment referred to in Article L. 621-1, from the establishment referred to in Article L. 681-3, from the regions";
(b) After the word "food", the words "and the National Council of the Mountain" are inserted;
2° The second to sixth preambular paragraphs are replaced by a sub-item:
"The council is competent for all agricultural, agri-food, halio-food, agro-industrial and halio-industrial productions. When the issues to be decided affect forest production, the High Council for Forest and Timber is represented in an advisory capacity. When issues related to agri-food or halio-food quality are discussed in the board, the National Institute of Origin and Quality is represented in an advisory capacity. » ;
3° 4° and 6° are repealed and the last two paragraphs are deleted; 5° and 7°, respectively, become the 3° and 4°;
4° At 3°, as a result of this I, after the word "guidelines" are inserted, the words "especially those resulting from the consultation conducted within the establishment referred to in Article L. 621-1 and within the establishment referred to in Article L. 681-3,"
5° After the 7th, four sub-items are inserted:
"With the aim of threefold economic, social and environmental performance, the council ensures:
“(a) To the coherence of the policy of adaptation of operating structures and actions for rural development with the policy of orientation of productions, which results from the consultation conducted within the establishment referred to in Article L. 621-1 and within the establishment referred to in Article L. 681-3;
“(b) Coherence of sectoral economic actions carried out by these institutions with those carried out by recognized inter-professional organizations;
"(c) To the coherence of the activities carried out in research, experimentation and agricultural development, financed by the special assignment account “Agriculture and rural development”. »
II.-The title II of Book VI of the same code is amended as follows:
1° After the first paragraph of Article L. 621-2, it is inserted a paragraph as follows:
"The institution exercises its competence in accordance with the policies of the State. It ensures that the actions it implements with those implemented by the regions and the establishment referred to in Article L. 681-3 for the whole overseas, taking into account the objective of triple economic, social and environmental performance of the production lines. » ;
2° After the 3° of the article L. 621-3, it is inserted a 3° bis as follows:
"3° bis Accompany, encourage and enhance innovation and experimentation in the fields of agriculture, fisheries and aquaculture; » ;
3° Article L. 621-5 is amended as follows:
(a) In the second paragraph, after the words: "The State", the words "areas" are inserted;
(b) At the beginning of the second sentence of the third paragraph, the words: "Governments" are replaced by the words: "The State, if any, its public institutions, the regions";
(c) The penultimate paragraph is supplemented by the words: "with respect for the public policies defined by the State";
4° Article L. 621-8 is amended as follows:
(a) The first paragraph is replaced by two subparagraphs:
"The information necessary for the knowledge of the productions, markets and data of foreign trade as well as the work of the observatory referred to in Article L. 692-1 shall be provided to the establishment referred to in Article L. 621-1 by any person involved in the production, processing or marketing of agricultural and food products, in accordance with the terms established by decree.
"This information as well as the categories of operators required to transmit them are those required under the regulations of the European Union or those listed by decree. » ;
(b) In the second paragraph, the words "at the same institution" are replaced by the words "at the establishment referred to in Article L. 621-1";
5° In Article L. 621-8-1, the word "second" is replaced by the word "last".
III.-Section 3 of Chapter II of Title III of Book IX of the same Code is supplemented by an article L. 932-6 as follows:
"Art. L. 932-6.-The establishment referred to in Article L. 621-1 shall, under conditions fixed by decree, manage a fund to supplement the bond made by the purchasers in the tidal hall to guarantee the purchases to which they make or intend to proceed. Territorial authorities or their groupings may participate, through the payment of funds, in the establishment of this fund. To this end, they shall enter into a convention with the fund manager, which shall specify, inter alia, the conditions under which the fund keeps them informed of the status of the commitments of the fund and the conditions for the return of the funds paid in the event of a substantial change in the rules of operation of the fund or the termination of its activity. »
The same code is amended:
1° At the end of the fourth sentence of the first paragraph of Article L. 311-1, the words: "of these farms" are replaced by the words: "farm farms";
2° Title I of Book III is supplemented by a chapter V as follows:
“Chapter V
"Economic and Environmental Interest Group
"Art. L. 315-1.-May be recognized as a group of economic and environmental interests any legal person whose members collectively carry a multi-year project to modify or consolidate their agricultural production systems or modes and their agronomic practices by aiming at both economic, social and environmental performance. Social performance is defined as the implementation of measures to improve the working conditions of members of the group and their employees, to promote employment or to combat isolation in rural areas.
"This legal entity must include several farmers and may include other natural or legal persons, private or public. Farmers must hold together the majority of votes in the bodies of the group.
"The recognition of the quality of a group of economic and environmental interests is granted by the representative of the State in the region after a selection, after the opinion of the president of the regional council.
"The quality of economic and environmental interest grouping is recognized for the duration of the multi-year project.
"Art. L. 315-2.-To allow recognition of a grouping as an economic and environmental grouping, the multi-year project referred to in Article L. 315-1 shall:
« 1° Associate several farms in a coherent territory that promotes synergies;
« 2° Propose actions related to agro-ecology to improve the economic, social and environmental performance of these farms, including by promoting technical, organizational or social innovation and agricultural experimentation;
« 3° Respond to the economic, social and environmental issues of the territory where the relevant farms are located, including those identified in the regional plan for sustainable agriculture referred to in Article L. 111-2-1, consistent with existing territorial development projects;
« 4° Provide modalities for the consolidation, dissemination and reuse of economic, environmental and social results.
"Art. L. 315-3.- Coordination of actions to capitalize and disseminate the results of economic and environmental interest groups is ensured in connection with interested agricultural development organizations:
« 1° At the regional level, by the Regional Chamber of Agriculture, under the supervision of the representative of the State in the region and the president of the Regional Council;
« 2° At the national level, by the Permanent Assembly of the Chambers of Agriculture, under the supervision of the Minister for Agriculture.
"Art. L. 315-4.-A decree defines the national framework for the implementation of articles L. 315-1 and L. 315-2. It fixes:
« 1° The procedure for recognition of the quality of economic and environmental interest grouping;
« 2° Types of economic, environmental and social criteria that can be considered for the evaluation of project quality;
« 3° Methods of monitoring, capitalization and dissemination of economic, environmental and social results;
« 4° The conditions under which the quality of economic and environmental interest grouping can be removed.
"Art. L. 315-5.-The actions carried out within the framework of their multi-year project by farmers members of an economic and environmental interest group for the benefit of other member farmers are presumed to be taken from mutual assistance within the meaning of Article L. 325-1.
"The same is true, without prejudice to the regulations that apply to them, of exchanges between farmers members of a group of economic and environmental interests, seeds or plants that do not belong to a variety protected by a plant certificate and produced on a farm outside of any contract for the multiplication of seeds or plants intended to be marketed.
"Art. L. 315-6.-All or part of the actions set out in the multi-year project referred to in Article L. 315-1 and related to agricultural production may benefit from increases in the allocation of public aids. The criteria for increasing government aids favour farmers.
"In the context of multi-year projects referred to in Article L. 315-1, collective farm methane facilities within the meaning of Article L. 311-1 are encouraged. » ;
3° After the second paragraph of Article L. 510-1, it is inserted a paragraph as follows:
"In conditions specified by decree, the network of the Chambers of Agriculture and, within it, each establishment contributes to the improvement of the economic, social and environmental performance of the farms and their industries and accompanies, in the territories, the entrepreneurial and responsible approach of the farmers as well as the creation of companies and the development of employment. » ;
4° The first paragraph of Article L. 325-1 is supplemented by the words: ", including those entering the extension of the act of production".
I.-Article L. 211-3 of the Environmental Code is amended as follows:
1° The III becomes an IV;
2° It is re-established a III as follows:
"III.-In the parts of the vulnerable areas affected by pollution, delimited under I or 8° of II, in which an annual monitoring mechanism for epic nitrogen has been established, the administrative authority may impose:
« 1° To persons who hold or commercialize, on a professional basis, nitrogen fertilizing materials in this area, including carriers of these materials and spreading service providers, an annual declaration relating to nitrogen quantities that they have processed, received, delivered, ceded, free or expensive in the area, or have ceded or delivered from that area;
« 2° To any other person who sends or delivers nitrogen fertilizing material to this area for agricultural use, an annual declaration of nitrogen quantities that it has shipped or delivered. »
II.-The I of Article L. 213-12 of the same code is supplemented by a paragraph as follows:
"Interdepartmental institutions or organizations established pursuant to sections L. 5421-1 to L. 5421-6 of the same code and recognized territorial public basin institutions on the effective date of the Act No. 2014-58 of 27 January 2014 the modernization of the territorial public action and the affirmation of the metropolises maintain this recognition until they change their status as a mixed union, and no later than January 1, 2018. »
III.-Article L. 411-27 of the Rural and Maritime Fisheries Code is amended as follows:
1° The third preambular paragraph is replaced by two sub-items:
" Clauses for the licensee's compliance with practices for the preservation of the water resource, biodiversity, landscapes, quality of products, soils and air, the prevention of natural hazards and the control of erosion, including obligations to maintain a minimum level of ecological infrastructure, may be included in leases in the following cases:
"to ensure, on the leased parcel(s), the maintenance of these practices or infrastructure; » ;
2° In the last paragraph, the references: "of the three preceding paragraphs" are replaced by the references: "from the third to the last paragraphs of this article".
IV.-In the second paragraph of Article L. 411-33 of the same code, the word "permanent" is replaced by the words "whose duration is more than two years".
V.-A.-After the second paragraph of article L. 411-35 of the same code, two paragraphs are inserted:
"When one of the proprietors of the lease ceases to participate in the operation of the leased property, the copier who continues to operate has three months from the date of this termination to request the lessor by registered letter with request for notice of receipt that the lease continues on its sole name. The owner can only object to it by entering within a period fixed by decree the parity court, which then decides on the application. This paragraph applies to leases concluded for more than three years, unless the termination of activity of the copier is due to a force majeure case.
"The recommended letter shall, on the one hand, reproduce fully the provisions of the third paragraph of this article and, on the other hand, expressly mention the grounds alleged for that application and the date of termination of the activity of the copier. »
B.-The A is applicable to current leases. If one of the co-sponsors ceased to participate in the operation before the date of publication of this Act, the three-month period referred to in the same A shall commence from that date.
VI.-Article L. 411-37 of the same code is amended as follows:
1° At the beginning of the first paragraph, the mention is added: "I.-";
2° After the third preambular paragraph, it is inserted as follows:
"II.-With the prior agreement of the lessor, the lessee may make available to any legal person other than those referred to in I, with a predominantly agricultural vocation, of which he is a member, for a period that may not exceed that during which he or she is a holder of the lease, all or part of the property of which he or she is a tenant, without that transaction being allowed to allocate shares.
"The request for prior agreement must be addressed to the lessor by registered letter with a request for a notice of receipt, no later than two months before the date of effect of the disposition. In the event of a nullity, the application for agreement mentions the name of the legal person, provides the statutes and specifies the references of the plots that the lessee makes available to him. If the lessor does not disclose its opposition within two months, the agreement is deemed to have been acquired. The lessee informs the lessor that he ceases to make the leased property available to the legal person and informs him of any change. This notice must be sent, by registered letter with a request for notice of receipt, within two months of the change of situation. » ;
3° The fourth paragraph is amended to read:
(a) In the beginning, the words are added: "III.-In the event of the disposition of property under the conditions laid down in I or II,"
(b) The words: "of the leased property available" are replaced by the words: "of these goods".
VII.-[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2014-701 DC of 9 October 2014. ]
VIII.-Article L. 820-1 of the same code is amended as follows:
1° After the second preambular paragraph, a sub-item reads as follows:
"-the accompaniment of collective approaches to practices and systems to combine economic, social and environmental performance, especially those of agro-ecology; » ;
2° After the word: "thes", the end of the first sentence of the last paragraph is as follows: "other persons concerned, especially agricultural professional organizations and local authorities. »
IX.-Section L. 820-2 of the same code is supplemented by the words: ", in particular, national agricultural and rural organizations and organizations comprising entities whose legal or regulatory purpose is part of agricultural development missions."
X.-In the second paragraph of Article L. 461-4 of the same code, the word "four" is replaced by the word "five".
The third paragraph of Article L. 411-34 of the Rural and Maritime Fisheries Code is as follows:
"The lessor may request the termination of the lease within six months of the day on which the death is notified when the deceased lessee does not leave a spouse, partner of a civil pact of solidarity or entitled to meet the conditions set out in the first paragraph."
Article L. 411-69 of the same code is supplemented by a paragraph as follows:
"The outgoing lessee's claim for compensation for improvements to the leased fund is prescribed by twelve months from the end of the lease, barely forfeited. »
The 3rd of article L. 411-71 of the same code is supplemented by two sentences as follows:
"The amount of the allowance may be determined by comparison between the state of the fund when the lessee enters the premises and that condition when it comes out or through expertise. In this case, the expert may use any method to accurately assess the amount of compensation due to the outgoing lessee; "
I. - The first two sentences of the second paragraph of Article L. 411-58 of the same code are replaced by three sentences as follows:
"However, the lessee may object to the recovery when he or she or, in the case of copiers, one of them is either less than five years from the age of retirement in the old age insurance of agricultural operators, or less than five years of age allowing him to benefit from the full-rate pension. In each of these cases, the lease is extended in full law for a period equal to that which must allow the lessee or one of the copiers to reach the corresponding age. The same lease can only be extended once. »
II. - Article L. 411-64 of the same code is amended as follows:
1° After the third preambular paragraph, a sub-item reads as follows:
"The lessee may apply to the lessor for the full-right deferral of the effective date of the leave at the end of the cultural year in which he or she has attained the age to receive a full-rate pension. » ;
2° In the fourth paragraph, the words: "two cases above" are replaced by the words: "cases mentioned in the second and third paragraphs".
I. - The second sentence of the second paragraph of Article L. 411-74 of the same code is supplemented by the words: "and equal to the rate of legal interest mentioned in theArticle L. 313-2 of the Monetary and Financial Code increased by three points."
II. - I applies to proceedings that are in effect on the day on which this Act comes into force.
At the end of the first sentence of the first paragraph of Article L. 418-3 of the same code, the words "at least five years" are replaced by the words "nine years".
Chapter III of title II of book III of the same code is amended as follows:
1° The first two paragraphs of Article L. 323-2 are replaced by five paragraphs, as follows:
"A common farming group is said to be total when it is the purpose of pooling all of their agricultural production activities, which correspond to the control and operation of a biological cycle of a plant or animal character and constitute one or more steps necessary for the course of this cycle, including activities of marine crops. In the event that only part of these activities are shared, the grouping is said to be partial. A single common farm group cannot be total for some of the partners and part for others.
"The activities referred to in the first paragraph of this Article may be supplemented by the sharing of other agricultural activities referred to in Article L. 311-1.
"The associates of a total common farming group may not be engaged outside the grouping, either individually or in a societal setting, in an activity that corresponds to the control and operation of a biological cycle of a plant or animal character and constitutes one or more steps necessary for the conduct of this cycle.
"The partners of a common farm group cannot engage outside the group, either individually or in a societal setting, in any of the activities mentioned in the same article L. 311-1 practiced by the group.
"A total common farming group may, without losing its quality, participate, as an associated legal entity of another company, in the production and, where appropriate, in the marketing of agricultural methane products, as defined in section L. 311-1. » ;
2° Article L. 323-7 is amended as follows:
(a) The last two sentences of the last two paragraphs are deleted;
(b) It is added a paragraph to read:
"The decisions referred to in the second and third paragraphs of this section are subject to the agreement of the administrative authority referred to in Article L. 323-11. » ;
3° Articles L. 323-11 and L. 323-12 are as follows:
"Art. L. 323-11. - Common farm groupings are approved by the administrative authority.
"Before issuing an approval, the administrative authority shall verify, on the basis of the statements of the persons concerned and the information available to it, the compliance of the group with the provisions of this chapter. In particular, it checks the quality of the associates' chief of operations, the adequacy between the dimension of the common operation and the number of partners as well as the effectiveness of the work in common.
"When issuing an approval, the administrative authority shall decide on the terms and conditions of access of the members of the group to the aids of the common agricultural policy, pursuant to Article L. 323-13.
"The conditions and conditions for the accreditation of joint farm groupings and access to the aids of the common agricultural policy are specified by regulation.
"Art. L. 323-12. - The conditions for the review and withdrawal of the approval referred to in Article L. 323-11, in particular in the event of movement of associates, work exemptions or carrying out activities outside the grouping in ignorance of the provisions of this chapter, are specified by regulation.
"Companies that, as a result of an amendment to their object or status or as a result of the conditions of their operation, cannot be viewed as joint farm groupings, within the meaning of this chapter and the texts taken for its application, shall be subject to the withdrawal of the approval they have obtained.
"However, the administrative authority may, for a maximum period of one year renewable once, maintain the accreditation of a group according to the conditions it determines on the record. This period runs from the date on which the group no longer complies with the conditions governing common farm groupings. » ;
4° Article L. 323-13 is supplemented by a paragraph as follows:
"For the implementation of the rules of common agricultural policy, this principle applies only to agricultural groupings of total common farming and as long as the partners have contributed, by their contributions in kind, in cash or in industry, to strengthen the farming structure of the grouping under conditions defined by decree. »
In the second sentence of the first paragraph of Article L. 113-3 of the same code, after the word "common" are inserted the words: ", farms with limited responsibility".
I. - Article L. 322-3 of the same code is amended as follows:
1° In the first sentence of the first paragraph, the words: "and insurance and capitalization enterprises governed by the insurance code or their groupings constituted for this purpose are replaced by the words: ", insurance and capitalization enterprises governed by the insurance code or their groupings constituted for this purpose, agricultural cooperatives and agricultural collective interest societies";
2° The second paragraph is deleted.
II. - Title II of Book V of the same code is amended as follows:
1° After L. 521-1, an article L. 521-1-1 is inserted as follows:
"Art. L. 521-1-1. - The relationship between the co-operator partner and the agricultural cooperative to which it adheres or between an agricultural cooperative and the union of agricultural cooperatives to which it adheres is governed by the specific principles and rules of this title and by the Act No. 47-1775 of 10 September 1947 having the status of cooperation and defined in the statutes and rules of procedure of agricultural cooperatives or unions. It is based, in particular, on the inseparable character of the double quality of service user and partner referred to in paragraph I of Article L. 521-3. » ;
2° Section L. 521-3 is amended as follows:
(a) At the beginning of the first paragraph, the mention is added: "I. -";
(b) After the g, it is inserted an h as follows:
“(h) The obligation of the board responsible for the administration of the corporation to make available to each co-operator partner, in accordance with the terms set out in the rules of procedure, a document summarizing the company's commitment, as it results from the statutes. This document specifies the duration of commitment, the social capital subscribes, the quantities and characteristics of the products to be delivered and the terms and conditions of payment and determination of the prices of the goods to be delivered, including, where appropriate, the deposits and additional prices. » ;
(c) It is added a II as follows:
“II. - The statutes may provide that the duration of engagement of new co-operators partners includes a probationary period, which cannot exceed one year.
"During the probationary period, these co-operators associates have the same rights and obligations as other co-operators partners. Upon the expiry of this period, the admission is final, unless the co-operator partner decides otherwise or the reasoned decision of the board of directors has been heard and duly summoned.
"At the end of the probationary period and in the event of the withdrawal of the new partner, the new partner shall be reimbursed for his social shares. » ;
3° After the same article L. 521-3, an article L. 521-3-1 is inserted as follows:
"Art. L. 521-3-1. - The board responsible for the administration of the company defines the terms and conditions for determining and paying the price of the supply of goods, services or transfers of supply, including deposits and, where appropriate, additional prices, and proposes a distribution of the available annual surpluses referred to in the I of Article L. 521-3. This distribution is decided by the ordinary general assembly. All of these elements are the remuneration of the partner.
"When the company collects, in a raw state, products referred to in the first paragraph of Article L. 441-8 of the Commercial Code, the administrative body determines criteria for fluctuations in prices of agricultural and food raw materials significantly affecting the cost of production of these products. When these criteria, brought to the attention of the co-operating partners in accordance with the terms and conditions set out in the rules of procedure, are met, the administrative body shall deliberate on any modification of the terms and conditions for determining the price of the inputs of these products. » ;
4° Section L. 522-3 is amended as follows:
(a) The first paragraph is supplemented by the words: ", especially active employees";
(b) In the third paragraph, the words: "one voice" are replaced by the words: "at least one voice, recorded as an active employee voice,"
5° In the first sentence of the penultimate paragraph of Article L. 522-4, after the word: "general", the words are inserted: "or more than one quarter of the votes when the active employees are majority in their midst";
6° The first paragraph of Article L. 522-5 is supplemented by two sentences as follows:
"In this case, the cooperative society or the union is subject to a review of the conformity of its situation and its operation with the principles and rules of cooperation at least once every five years. This control is carried out by an approved federation for the revision referred to in Article L. 527-1. » ;
7° After the article L. 524-1-2, an article L. 524-1-3 is inserted as follows:
"Art. L. 524-1-3. - The board responsible for the administration of the company ensures the management of the society and the proper functioning of it. Without limitation other than that of powers and powers expressly reserved for general assemblies by this title or, possibly, by the statutes of each cooperative, it has the most extensive powers within the limits of the social object.
"He conducts the controls and audits that he considers appropriate. The president or director of the company is required to communicate to each member of the board responsible for the administration of the company all the documents and information necessary to carry out his or her mission.
"A person called to attend meetings of the board responsible for the administration of the corporation shall be held at the discretion in respect of information that is confidential and presented as such by that body. » ;
8° Section L. 524-2-1 is amended as follows:
(a) After the first paragraph, three subparagraphs are inserted:
"The board responsible for the administration of the company shall report in its report on the activity and outcome of the whole company, the subsidiaries of the company and the companies it controls, by branch of activity. Companies that hold long-term financial instruments whose underlying is wholly or part of an agricultural raw material also indicate in their report the means used to avoid a significant effect on the course of these agricultural raw materials. This report includes information, by underlying category, on the long-term financial instruments, the underlying of which is made up of an agricultural raw material that they hold.
"The report referred to in the second paragraph of this article also contains information relating to the application of the second paragraph of Article L. 521-3-1.
"If the cooperative or union establishes consolidated accounts, this information is included in the group management report. » ;
(b) In the second paragraph, after the word "sequently", the words "and if applicable" are inserted;
(c) At the end of the a, the words ", if any" are deleted;
9° Article L. 524-3 is as follows:
"Art. L. 524-3. - The functions of a member of the board of directors, the board of supervision or the board of directors are free of charge and shall, on justification, only be reimbursed for costs, as well as, if any, the payment of a compensatory allowance for the time spent on the administration of the cooperative. Each year, the General Assembly determines a total amount for the compensatory allowance.
"The report referred to in section L. 524-2-1 describes the terms and conditions for the distribution of compensatory allowance referred to in the first paragraph of this section. He mentions the specific missions carried out, as well as the time spent by members of the board of directors, supervisory board or directorate on the administration of the corporation in the performance of their mandate. » ;
10° After the same article L. 524-3, an article L. 524-3-1 is inserted as follows:
"Art. L. 524-3-1. - Directors or members of the Supervisory Board and the Management Board shall be offered the training necessary to carry out their duties in the first year of each term. The ordinary general assembly referred to in Article L. 524-2-1 approves the budget for these trainings. » ;
11° Article L. 527-1 is amended as follows:
(a) After the first preambular paragraph, a sub-item reads as follows:
"This revision is implemented by certified reviewers carrying out their duties on behalf of and on behalf of a registered federation for the revision of which they are employed. » ;
(b) The third paragraph reads as follows:
"The latter ensures the organization and control of the approved federations for the revision, particularly for the revision operations conducted under sections L. 522-5 and L. 527-1-3. Its mission is also to facilitate the recruitment and training of reviewers, to approve them and to monitor their activities. It participates in the development of standards published by the High Council for Agricultural Cooperation and defines the methods of their application. It may also monitor and monitor the implementation of the revision on delegation of the High Council for Agricultural Cooperation pursuant to the fifth paragraph of Article L. 528-1. It provides information and training on standards. » ;
12° Sub-section 2 of chapter VII, section 1, is supplemented by an article L. 527-1-3 as follows:
"Art. L. 527-1-3. - The revision is carried out in accordance with standards developed, approved and published by the High Council for Agricultural Cooperation. It shall be a report, prepared in accordance with the requirements of the High Council for Agricultural Cooperation, and a report to the Board of Directors or the Supervisory Board.
"If the report determines that the cooperative corporation or union ignores the principles and rules of cooperation, the reviewer agrees with the governing and administrative bodies of the corrective actions to be taken, as well as the deadline for their implementation. These bodies may still be affected by the malfunctions identified.
"The board responsible for the administration of the corporation shall inform the ordinary annual general meeting of the revision and of the measures it has taken or intends to take as a result of the reviewer's conclusions.
"In the event of a failure of the cooperative corporation or of the union at the expiry of the deadlines granted, in the event of a refusal to implement the agreed corrective measures or in the event of a refusal to submit to the revision, the reviewer shall inform the High Council of Agricultural Cooperation.
"In the event that the High Council for Agricultural Cooperation is seized by the reviewer, this authority shall notify the management and administration bodies of the company of the breaches and shall set a time limit for them to remedy them.
"When corrective actions have not been taken within the specified time limit, the High Council for Agricultural Cooperation shall convene an extraordinary general assembly of the company by enjoining it to take the necessary corrective measures.
"When the normal functioning of the cooperative society or the union has not been restored within six months of the meeting of the extraordinary general assembly, the High Council for Agricultural Cooperation may withdraw its approval, after placing the cooperative society in a position to present its observations. » ;
13° Article L. 528-1 is amended as follows:
(a) The fifth preambular paragraph is replaced by two sub-items:
"It also aims to define the principles and to develop, approve and publish the standards of revision, as well as to monitor and monitor its implementation. It may delegate these monitoring and control missions after obtaining approval from the competent administrative authority on the delegate and the contents of the delegation.
"He appoints a mediator of agricultural cooperation, who may be seized of any dispute concerning the relationship between a partner and the agricultural cooperative to which he adheres, between agricultural cooperatives and between an agricultural cooperative or a union and the union to which he joins. It may be seized by the partners and by any agricultural cooperative or union and, where appropriate, by the High Council. It takes any initiative to promote amicable resolution of the dispute between the parties in accordance with the texts, rules and principles of cooperation. It annually transmits to the High Council an assessment of the mediations carried out. In carrying out his duties, he takes into account the opinions and recommendations made by the agricultural trade relations mediator pursuant to Article L. 631-27. » ;
(b) The second sentence of the eighth preambular paragraph is replaced by three sentences as follows:
"Two Government Commissioners are placed with the High Council: one appointed by the Minister for Agriculture and the other appointed by the Minister for Social and Solidarity Economy. The Commissioner of Government appointed by the Minister for Agriculture may request the inclusion of issues on the agenda. It may also oppose a deliberation of the High Council, under conditions specified by the decree in the Council of State provided for in the last paragraph. »
III. - After the first paragraph of Article L. 551-5 of the same code, it is inserted a paragraph as follows:
" Organised producers can also benefit from increases in the allocation of public aids to investment whose objectives correspond to those pursued by the organization. »
IV. - Article L. 551-7 of the same code is as follows:
"Art. L. 551-7. - Under the conditions set out in Article 165 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 concerning the joint organization of the markets of agricultural products and repealing the regulations (EEC) No. 922/72, (EEC) No. 234/79, (EC) No. 1037/2001 and (EC) No. 1234/2007 of the Council, the Minister responsible for agriculture may decide that the individual economic operators or the associations »
V. - Are validated, subject to judicial decisions passed in force of evidence, the contributions made to producers not members by the associations of producer organizations recognized in the fruit and vegetable sector for a marketing campaign prior to 2014, as they would be contested by a means derived from what the authority having made the decrees making these contributions mandatory was not competent to enable these associations to
VI. - Section L. 551-8 of the same code is repealed.
VII. - [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2014-701 DC of 9 October 2014. ]
Article L. 611-8 of the Rural and Maritime Fisheries Code is amended as follows:
1° At the beginning, the mention is added: "I. -";
2° It is added a II as follows:
“II. - Failure to comply with the obligations set out in I constitutes a misleading business practice within the meaning of section 1 of chapter I, title II, of Book I of the Consumer Code. »
I.-The title III of Book VI of the same code is read as follows: "Interprofessional agreements and agreements on agricultural or food products".
II.-Chapter I of title III of Book VI of the same code is amended as follows:
A.-Article L. 631-24 is amended as follows:
1° I is thus modified:
(a) The first paragraph is replaced by three subparagraphs:
"The sale of agricultural products for resale or processing may be subject to:
« 1° At the conclusion of written sales contracts between producers and buyers, or between economic operators mentioned in the first paragraph of Article L. 551-1, owners of the goods, and buyers;
« 2° A proposal for contracts written by buyers to the economic producers or operators mentioned in the first paragraph of the same article L. 551-1, owners of the goods. » ;
(b) The first sentence of the second subparagraph is amended as follows:
-the word: " criteria" is replaced by the words: "prices or criteria";
- after the word "payment" are inserted the words ", to the rules applicable in the event of force majeure";
(c) In the second sentence of the second paragraph, the reference: "in the first paragraph" is replaced by the references: "in the second and third paragraphs";
(d) At the end of the a, the references: ", L. 632-4 and L. 632-12" are replaced by the reference: "and L. 632-4";
(e) The penultimate sub-paragraph is replaced by five sub-items as follows:
"The interprofessional agreement referred to in a or decree in the Council of State referred to in fixed b, by product or class of products, by category of buyers and, if applicable, by mode of marketing, the minimum duration of the contract.
"Unless the producer abandons the contract in writing, the minimum term of the contract so provided shall not exceed five years. When the contract relates to a product whose producer has engaged in production for less than five years, the purchaser may not terminate the contract before the end of the minimum period, unless the producer fails to perform the contract or force majeure, and a notice must be provided in case of non-renewal of the contract. The interprofessional agreement referred to in a or the decree in the Council of State referred to in b may provide that the minimum period fixed is extended, within two additional years, for contracts relating to a product whose producer has engaged in production for less than five years.
"It is considered a producer who has engaged in production for less than five years the natural or legal person who has settled or started a new production during this period. The same is true of an agricultural company that incorporates a new partner who meets the conditions set out in this paragraph and holds at least 10% of its social capital.
"The inter-professional agreement referred to in a or the decree in the Council of State referred to in b sets the deadline for the compliance of the contracts under way on the date of its intervention with a producer who has engaged in production for less than five years. As soon as the buyer has given its agreement to the assignment of a contract to a new producer satisfying the conditions of qualification or professional experience provided for in Article L. 331-2 engaged in the production for less than five years, the remaining duration of the assigned contract, if it is less than the minimum duration provided by the agreement or decree in the Conseil d'Etat, is extended to achieve this duration.
"A decree in the Council of State specifies the products considered to be subject to the same production for the application of this article. » ;
(f) In the first sentence of the last paragraph, the reference: "in the penultimate paragraph" is replaced by the references: "in the eighth to tenth paragraphs";
(g) Two subparagraphs are added:
"The inter-professional agreement referred to in a or the decree in the Council of State referred to in b provides that when, in accordance with the law of the European Union, a producer organization is authorized to negotiate the contracts of sale on behalf of and on behalf of its members under a given mandate to that effect, the assignment of agricultural products intended for resale or processing shall be subject to the proposal of a written framework contract to the buyer. This framework contract includes all the clauses mentioned in the fourth paragraph.
"The interprofessional agreement referred to in a or the decree in the Council of State mentioned in b may also, in this case, make it mandatory for the buyer to transmit to the organization of producers information concerning the volume, characteristics and prices of the products delivered by its members. » ;
2° II is thus amended:
(a) In the third paragraph, after the word: "inside" are inserted the words: "or the rules or decisions prescribed by these statutes or deriving from them" and the word "second" is replaced by the word "fourth";
(b) The last paragraph is deleted;
3° The second paragraph of the third paragraph reads as follows:
"It is not applicable to direct sales to the consumer, to transfers made for the benefit of charitable organizations for the preparation of meals for disadvantaged persons, or to the sale at firm prices of agricultural products on the tiles assigned to producers within the national interest markets defined in theArticle L. 761-1 of the Commercial Code or other physical markets of wholesale agricultural products. » ;
B.-Article L. 631-25 is amended as follows:
1° In the first paragraph, after the word: "When", the words "proposal or" are inserted;
2° After the fifth preambular paragraph, two sub-items are inserted:
"or not to hand over to the producer organization the proposal for a framework contract under the penultimate paragraph I of Article L. 631-24;
"or not to transmit the information provided in the last paragraph of the same I."
C.-After article L. 631-25, an article L. 631-25-1 is inserted as follows:
"Art. L. 631-25-1.-The failure to meet the time limit set at third paragraph of Article L. 441-8 of the Commercial Code, not to establish the record provided for in that third paragraph or to infringe, in the course of renegotiation, the secrets of manufacture or the secret of business shall be liable to an administrative fine whose amount and conditions of pronouncement are defined in the penultimate paragraph of the same article. » ;
D.-Sont added sections 3 and 4 as follows:
“Section 3
“The ombudsman for agricultural trade relations
"Art. L. 631-27.-An agricultural trade relations mediator is appointed by decree.
"It may be seized of any dispute relating to the conclusion or execution of a contract for the sale or delivery of agricultural products, or the sale or delivery of food products intended for resale or processing, including disputes related to the renegotiation of the price provided for in the resale or processingArticle L. 441-8 of the Commercial Code. It takes any initiative to promote amicable resolution of the dispute between parties.
"It may make any recommendations on the evolution of the regulation relating to contractual relations referred to in the second paragraph of this article, which it transmits to the ministers responsible for the economy and agriculture.
"It may also issue an opinion on any cross-cutting issue relating to contractual relations, at the request of an inter-professional organization or a professional or trade union organization.
"On a joint request from the Ministers responsible for the economy and agriculture, it can issue recommendations on the modalities for equitable sharing of value added between the stages of production, processing, marketing and distribution of agricultural and food products.
"These advices and recommendations specify how different modes of production, processing and marketing are taken into account, including those of products derived from organic farming or benefiting from another sign of quality and origin identification.
"It may refer to the Trade Practice Review Board set out in Article L. 440-1 of the same Code.
“Section 4
“The resolution of disputes
"Art. L. 631-28.-A dispute between professionals relating to the performance of a contract for the sale of agricultural or food products shall be the subject of a mediation procedure prior to any referral by the judge, unless the contract otherwise provides or in the event of an appeal to arbitration.
"However, unless adjudication is made, the recourse to mediation is required in the event of a dispute over the renegotiation of the price under theArticle L. 441-8 of the Commercial Code.
"The mediator is chosen by the parties to the contract. The duration of the mediation mission is determined by the mediator. It may renew the mediation mission or terminate it before the expiry of the period it has set, on its own motion or at the request of one of the parties. The Chapter I of Title II of Law No. 95-125 of 8 February 1995 relating to the organization of jurisdictions and civil, criminal and administrative proceedings is applicable to this mediation.
"Art. L. 631-29.-The extended inter-professional agreements referred to in a of I of Article L. 631-24 and in the second paragraph of Article L. 632-2-1 or the decree referred to in b of I of Article L. 631-24 may specify the terms of the contract for which a recourse to arbitration is recommended in case of disputes. »
III.-Section L. 551-1 of the same code is supplemented by a paragraph as follows:
"These organizations may also, if they receive a warrant issued for this purpose, ensure the defence of the rights that one or more of their members draw from a contract for the sale of agricultural products. A producer organization may take legal action in the interest of several of its members in disputes involving the same buyer and relating to the application of the same clause. It may also, under the same conditions, represent them in mediation proceedings. »
The transformation of an agricultural union governed by title III of Book I of the second part of the Labour Code, designated under theArticle L. 653-10 of the Rural and Maritime Fisheries Code, in an association governed by the law of 1 July 1901 relating to the contract of association or by the local law maintained in force in the departments of Moselle, Bas-Rhin and Haut-Rhin does not prevail the creation of a new legal entity. Accreditations, authorizations, direct or indirect financial aids or benefits and the current conventions benefit the association from the transformation.
The profits on a stay of taxation, the latent surplus-values included in the union's assets and the profits not yet imposed on the stocks are not subject to immediate taxation, on the dual condition that no change is made to the accounting records and that the imposition of such profits, surplus-values and profits remains possible under the new tax regime applicable to the association.
This section applies to changes made between January 1, 2014 and December 31, 2019.
I.-Chapter II of Book VI title III of the Rural Code and Maritime Fisheries Code is amended as follows:
1° In the first paragraph of Article L. 632-1, the words: "the most representative of agricultural production and, as the case may be, of processing, marketing and distribution" are replaced by the words: "representing agricultural production and, as the case may be, processing, marketing and distribution may, if they represent a significant part of these sectors of activity,"
2° Article L. 632-1-2 is supplemented by a paragraph as follows:
"The recognized inter-professional organizations for a specific product group may create within them specialized sections competent for one or more of these products. If requested by a grouping under the conditions set out in the first paragraph and representing at least 70% of the production of one or more products, the creation of a specialized section corresponding to that grouping cannot be refused. » ;
3° In the third paragraph of Article L. 632-1-3, the references: "L. 632-3 and L. 632-4" are replaced by the references: "L. 632-3, L. 632-4 and L. 632-6";
4° The last sentence of the second paragraph of Article L. 632-2-1 is replaced by two sentences as follows:
« The two first paragraphs of Article L. 441-8 of the Commercial Code are applicable to these standard contracts. The first four paragraphs of this Article shall apply to contracts entered into under these Model Contracts. » ;
5° Article L. 632-4 is amended as follows:
(a) After the first paragraph, four subparagraphs are inserted:
"The extension of the agreements is also subject to compliance with the conditions provided by the European Union law applicable to these agreements.
"For the application of Article 164 of Regulation (EU) No. 1308/2013 of the European Parliament and of the Council of 17 December 2013 concerning the joint organization of the markets of agricultural products and repealing the regulations (EEC) No. 922/72, (EEC) No. 234/79, (EC) No. 1037/2001 and (EC) No. 1234/2007 of the Council, the representativeness of interprofessional organizations is appreciated. The volumes taken into account are those produced, processed or marketed by professional operators to whom are likely to apply the obligations provided by the agreements. In addition, where the determination of the proportion of the volume of production or marketing or processing of the product or products concerned poses practical problems, the interprofessional organization is viewed as representative if it represents two thirds of these operators or their turnover.
"For production, these conditions are presumed to be met when trade union organizations of agricultural operators representing at least 70% of the votes in the elections of the agricultural chambers participate in the inter-professional organization, directly or through specialized associations adhering to these organizations.
"For any sector of activity, these conditions are presumed to be met when the inter-professional organization demonstrates that the agreement whose extension is requested has not been the object, within the month following its publication by this organization, of the opposition of professional organizations bringing together economic operators of this sector of activity representing in total more than one third of the volumes of the sector of activity concerned. » ;
(b) In the second paragraph, after the reference: "L. 632-1", the reference is inserted: "and the last paragraph of Article L. 632-1-2";
(c) The first sentence of the fourth paragraph is as follows:
"When the agreement includes a contract referred to in the second paragraph of Article L. 632-2-1 or Article L. 631-24, the administrative authority may submit it to the Autorité de la concurrence. » ;
(d) The last sentence of the penultimate paragraph is replaced by two sentences as follows:
"When the submission of additional documents is necessary for the instruction of the extension request, the competent authority may extend this two-month non-renewable period. When the agreement is notified pursuant to Article 8 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations and rules relating to the services of the information society, the time limits of instruction shall be suspended until the notice of the European Commission is received or the expiry of the period granted to it. » ;
(e) Before the last preambular paragraph, a subparagraph shall read:
"If, at the end of the time limit for deciding on the application for an extension, the competent authority has not notified its decision, this application is deemed to be accepted. » ;
6° Article L. 632-6 is amended as follows:
(a) At the end of the first sentence of the third paragraph, the words: "in conditions defined by decree" are replaced by the words: "when they also benefit from the agreements mentioned in the first paragraph";
(b) The last paragraph is as follows:
"Without prejudice to the application, if applicable, ofArticle L. 441-6 of the Commercial Code, the extended agreement may specify the conditions under which the contribution debtors compensate the costs induced for the inter-professional organization by a failure to report or by a payment outside the time limits it provides. » ;
7° In the last paragraph of Article L. 632-7, the words: "that are necessary for the fulfilment of the tasks set out in Articles L. 632-1 to L. 632-3 and Article L. 632-6, under the conditions" are replaced by the words and a sentence so written: "they must be disposed of to achieve the objectives under which they have been recognized. They may also provide them with the data necessary for the preparation and appeal of contributions for their financing and provided for by an agreement meeting the conditions mentioned in the first paragraph of Article L. 632-4, whether or not this agreement is made mandatory. The conditions of this communication are ";
8° Section L. 632-8 and section 2 are repealed;
9° The second paragraph of Article L. 632-9 is replaced by three paragraphs as follows:
"Without prejudice to the possibility of requesting the competent authority to amend the provisions that govern them in accordance with their proposal, the inter-professional organizations created by law or regulation that have been recognized as inter-professional organizations, within the meaning of Article 157 of Regulation (EU) No. 1308/2013 of the European Parliament and of the Council of 174/2013 concerning the joint organization of the markets of agricultural products and repealing the regulations
"These new statutes are notified to the authority referred to in Article L. 632-1. Their prefecture deposit is the subject of a notice published in the Official Gazette.
"Beginning with this publication, the legislative or regulatory provisions governing their organization and operation are repealed which are rendered unenforceable by the adoption of these new statutes. The list of provisions thus repealed is made public in the notice referred to in the third paragraph. » ;
10° In article L. 682-1, the references: "L. 632-12, L. 632-13," are deleted.
II.-are or remain repealed:
1° 7th of Article 2 and Articles 3 and 6 of the Law of 11 October 1941 concerning the organization of the seed, seed and seed market;
2° Sections 2 to 11 of Act No. 48-1284 of 18 August 1948 on the creation of the interprofessional council of Bordeaux wine.
III.- Recognition of the dairy interprofessional organization by the Act No. 74-639 of 12 July 1974 relative to the interprofessional dairy organization is recognized in application of theArticle L. 632-1 of the Rural and Maritime Fisheries Code. The regional interprofessional centres of the dairy economy are assimilated to the specialized sections mentioned in the last paragraph of this same article.
IV.-Le second paragraph of Article 2 I of Law No. 99-574 of 9 July 1999 of agricultural orientation is thus written:
"This provision is not applicable to establishments and organizations whose expertise is exercised exclusively in the product sector under the sign of quality and origin identification. »
I. - Collective and generic information campaigns on fresh products, carried out by agricultural professional or inter-professional organizations covering, inter alia, the quality of products, the nutritional benefits and culinary uses of products, the knowledge of the industry's trades or agro-environmental approaches, are provided with free periodic information spaces from public radio and television companies.
The professional or interprofessional organizations of the agricultural sectors concerned - fresh meats, fresh fruit and vegetables, fresh dairy products - can contribute to the financing of any radio or television program without prejudice to the responsibility and editorial independence of the radio and television companies, as soon as the message broadcast in exchange for financing deals exclusively with the generic collective promotion of the products of these sectors and their properties, to the exclusion of the commercial companies
The terms and conditions of application of this I are specified by decree.
II. - The loss of revenues resulting from I for public radio and television companies is compensated, on a competitive basis, by the creation of an additional fee to the rights mentioned in the sections 575 and 575 A the general tax code.
Title I of Book VII of the Rural and Maritime Fisheries Code is thus amended:
1° Chapter VII is supplemented by section 4 as follows:
“Section 4
“Safety and health protection cooperation
"Art. L. 717-10. - Employers and self-employed workers who carry out the activities mentioned in 1°, 2° and 4° of Article L. 722-1 at the same workplace cooperate in order to prevent the risks resulting from their simultaneous or successive interventions and adopt appropriate occupational risk prevention measures. Order donors help to implement these measures.
"A decree in the Council of State determines the modalities of this cooperation. » ;
2° Chapter IX is thus amended:
(a) Article L. 719-8 is supplemented by a paragraph as follows:
"The same applies to self-employed persons and employers when carrying out an activity referred to in 1°, 2° and 4° of Article L. 722-1 at the same workplace, if they have not implemented the obligations set out in Article L. 717-10. » ;
(b) In section L. 719-9, the reference: "to section L. 717-9" is replaced by the references: "to sections L. 717-9 and L. 717-10".
Article L. 718-1 of the same code is amended as follows:
1° In the first paragraph, the words: "is constituted at the departmental level" are replaced by the words: "may be constituted at the departmental, interdepartmental or regional level,"
2° In the second paragraph, the words "regional or national" are replaced by the words "interdepartmental or regional".
I. - Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order the necessary provisions to amend:
1° La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La Legislative section of the Rural and Maritime Fisheries Codeto:
(a) To ensure the conformity and coherence of these provisions with the law of the European Union;
(b) To amend or supplement, to the extent necessary to ensure compliance with the provisions of these books and European Union agricultural law, the provisions relating to the search for and recognition of violations and offences and, where appropriate, to institute or abolish sanctions;
(c) To simplify the process of recognition of protected labels of origin, protected geographical indications, labels and traditional specialties guaranteed as well as the conditions under which the conditions of production and control are defined common to several of them and the conditions of establishment of control plans;
(d) Provide for the representation of staff in the permanent council of the National Institute of Origin and Quality;
(e) To correct material errors, including incorrect or obsolete references;
2° The legislative provisions of the General Tax and Tax Code Rural Code and Maritime Fishing applicable in the field of alcohol and wine, in order to simplify them, to draw the consequences of the evolution of European Union law and to ensure the coherence of their scopes and sanctions regimes that they provide.
II. - Orders referred to in I shall be made within twelve months of the publication of this Act. For each order, a bill of ratification is tabled before Parliament within three months of the issuance of this order.
Chapter V of Book VI title VI of the Rural Code and Maritime Fisheries is supplemented by an article L. 665-6, which reads as follows:
"Art. L. 665-6. - The wine, produced by the vineyard, the vineyards, as well as the ciders and poirés, the spirituous drinks and the beers from the local traditions are part of the cultural, gastronomic and landscape heritage protected from France. »
I.-After the 1st of Article L. 712-4 of the Intellectual Property Code, it is inserted a 1° bis as follows:
« 1° bis The Director of the National Institute of Origin and Quality, as long as there is a risk of involvement in the name, image, reputation or reputation of an original name or geographical indication referred to in the articles L. 641-5, L. 641-10, L. 641-11 and L. 641-11-1 rural code and maritime fisheries; "
II.-Section 1 of chapter III of Book VI, title IV, of the Rural Code and Maritime Fisheries is supplemented by articles L. 643-3-1 to L. 643-3, as follows:
"Art. L. 643-3-1.-Any organization whose mission is to contribute to the protection of a name of origin or of a geographical indication referred to in articles L. 641-5, L. 641-10, L. 641-11 and L. 641-11-1 of this code may ask the director of the National Institute of Origin and Quality to exercise the right of opposition to the registration of a mark that he holds ofArticle L. 712-4 of the Intellectual Property Code where there is a risk of a breach in the name, image, reputation or reputation of any of these signs.
"Art. L. 643-3-2.-A la demande d'un organismes de défense et de gestion d'un vin ou d'un spiritueux bénéficier d'une appellation d'origine et après avis de l'interprofession competent, quand elle existe, le Ministre chargé de l'agriculture peut rendre obligatoire, par arrêté, l'apposition sur chaque contenant d'un device unitaire permet d'authentifier le produit mis à la commercialisation.
"The authentication device mentioned in the first paragraph must be in accordance with a technical specifications defined by decree.
"The failure to comply with the obligation provided for in this section entails a suspension of the operator's authorization.
"Art. L. 643-3-3.-The commercial use of terms that may mislead the public on the fact that the products concerned receive an official sign of quality and origin is a practice prohibited by the 2° of Article L. 121-1 of the Consumer Code. »
Article L. 111-2-1 of the Rural and Maritime Fisheries Code is amended as follows:
1° In the first paragraph, the words "of the State" are deleted;
2° The second paragraph is amended to read:
(a) The first sentence is supplemented by the words "and regions";
(b) In the second sentence, the words "that the State leads" are replaced by the words "that the State and the regions lead";
3° In the fourth paragraph, the words: "The prefect of the region led" are replaced by the words: "The representative of the state in the region and the president of the regional council jointly lead" and the words: "he takes" are replaced by the words: "they take";
4° After the word: "participation", the end of the fifth paragraph is thus drafted: "The draft regional plan for sustainable agriculture is subject to the approval of the regional council, after the advice of the competent mass committee. The plan is then arrested by the representative of the State in the region, under conditions fixed by decree in the Council of State. »
I.-Chapter II of Book I of the same code is amended as follows:
1° The first paragraph of Article L. 112-1 is as follows:
"The observatory of natural, agricultural and forestry spaces develops relevant tools to measure the change of destination of natural, forestry and agricultural spaces. It assesses, in cooperation with regional observatories of natural, agricultural and forestry spaces, the consumption of these spaces and provides methodological support to the territorial authorities and the commissions provided for in Article L. 112-1-1 for the analysis of the consumption of these spaces. It is in cooperation with regional observatories of natural, agricultural and forestry spaces. The observatory conducts its missions based on the work and tools of the National Institute for Geographical and Forest Information. » ;
2° Article L. 112-1-1 is as follows:
"Art. L. 112-1-1.-In each department, a departmental commission for the preservation of natural, agricultural and forestry spaces is established, chaired by the prefect, which includes representatives of the State, local authorities and their groupings, agricultural and forestry professions, agricultural chambers and national agricultural and rural organizations, landowners, notaries, registered associations for the protection of the environment and federations
"In departments whose territory includes mountain areas, representatives of local authorities have at least one representative of a municipality or public intercommunal cooperation institution located, in whole or in part, in these areas.
"This commission can be consulted on any issue relating to the reduction of natural, forestry and agricultural land and on how to contribute to the limitation of the consumption of natural, forest and agricultural spaces. It emits, under the conditions defined by urban planning codean opinion on the opportunity, with regard to the conservation objective of natural, agricultural or forestry lands, of certain urban planning procedures or authorizations. It may request consultation on any other development or urban planning project or document, with the exception of projects of local urban planning for municipalities within the scope of an approved territorial coherence scheme after the promulgation of the Act No. 2014-1170 of 13 October 2014 the future for agriculture, food and forest.
"When a project or a planning or urban planning document results in a reduction of areas affected to productions with a sign of quality and origin identification, the director of the National Institute of Origin and Quality or his representative participates, with a deliberate voice, in the meeting of the commission during which the project or document is examined.
"When a project of development, modification or revision of a local plan of urban planning, a document of urbanism taking place or a communal map has for consequence, under conditions defined by decree, a substantial reduction of the areas affected to productions benefiting from a protected name of origin or a substantial impairment to the conditions of production of the name, the competent authority of the State seizes the commission of the project. The Commission may only be adopted after the Commission's consistent opinion.
"When the representative of the State did not consider as substantial the reduction of agricultural surfaces concerning vineyard lands classified as controlled label of origin or the achievement of the conditions of production but that the commission nevertheless rendered an unfavourable opinion, the competent administrative authority which approves the project is obliged to make known the motives for which it decides not to follow this opinion in the act of approval.
"The fifth paragraph of this section does not apply in the proceedings for the application of the second paragraph of Article II L. 123-13 and articles L. 123-14 and L. 123-14-1 urban planning code.
"When the project or document on which the commission is consulted gives rise to the public inquiry referred to in chapter III of title II of Book I of the Environmental Code, the Commission's notice is attached to the public inquiry file. » ;
3° After the article L. 112-1-1, an article L. 112-1-2 is inserted as follows:
"Art. L. 112-1-2.-In Corsica, a territorial commission for the preservation of natural, agricultural and forestry spaces, chaired jointly by the representative of the State in the territorial community of Corsica and by the president of the executive council or their representatives, and composed in accordance with the first two paragraphs of Article L. 112-1-1, exercises, under the same conditions, the competences vested in the same article in the departmental commission of the preservation of natural, agricultural and agricultural spaces. » ;
4° The first paragraph of Article L. 112-2 is thus amended:
(a) In the first sentence, after the word "geographical", the words ", either of their agronomic quality" are inserted;
(b) After the word: "if applicable", the end of the second sentence is thus written: ", and after the advice of the municipal council of the interested communes, on proposal of the deliberative organ of the competent public institution in the matter of local plan of urbanism or plan of territorial coherence, after the opinion of the agricultural chamber, of the national institute of origin and quality in the areas of controlled label of origin and of the departmental commission of public . » ;
5° In the first sentence of the second paragraph of Article L. 112-3, the word "two" is replaced by the word "three".
II.-The article L. 112-1-1 of the same code, in its writing resulting from 2° of the I of this article, is supplemented by a paragraph thus written:
"The representative of the State in the department shall, every five years, charge the departmental commission for the preservation of natural, agricultural and forestry spaces to carry out an inventory of land considered to be fried, which may be rehabilitated for the exercise of an agricultural or forestry activity. »
III.-Chapter V of title III of Book I of the same code is amended as follows:
1° The last two sentences of 1° of Article L. 135-3 are replaced by a sentence as follows:
"The land association has the land thus incorporated into its perimeter within the framework of a multi-year pasture agreement or a lease with its users, whose duration is defined by its statutes. » ;
2° After the words: "the agreement", the end of the second sentence of Article L. 135-5 is thus written: "of the majority of the owners representing more than two thirds of the land area of the properties or two thirds of the owners representing more than half of the land area of the properties. »
IV.-After the first occurrence of the word "agriculture", the end of the first paragraph of Article L. 125-5 of the same code is thus written: "or a public institution of intercommunal cooperation, requires the departmental commission of land development, on the basis of the inventory of the lands considered to be friches provided for in Article L. 112-1-1, to propose the perimeter in which it would be of general interest to re-value the plots clearly This period is reduced to two years in mountain areas. The President of the General Council shall, for advice, present the report of the Departmental Land Management Commission to the Prefect, the relevant public inter-communal cooperation institutions and the Chamber of Agriculture, and the General Council shall determine the scope or scope for the implementation of the procedure for the development of uncultivated or manifestly underexploited lands. »
V.-A the second sentence of the first paragraph of Article L. 411-57 of the same code, the references: "of the fourteenth and fifteenth paragraphs" are replaced by the reference: "of the last paragraph of the 6th".
VI.-The urban planning code is thus modified:
1° In the first sentence of the first paragraph of Article L. 111-1-2, in the second paragraph of Article L. 122-6, in the first paragraph of Article L. 122-6-2, at the end of the first sentence of the sixth paragraph and in the second sentence of the eighth paragraph of Article L. 123-1-5, and in the second sentence of the second paragraph of Article L. 123-9, the words: "consumption of natural spaces"
2° In the first paragraph of the article L. 122-1-2, after the word "biotics", the words "agriculture, preservation of agronomic potential" are inserted;
3° The last paragraph of Article L. 122-1-5 is as follows:
"He sets out, by geographic sector, quantified objectives of space-saving consumption and the fight against urban spreading and describes, for each of them, the issues that are unique to him. » ;
4° The 4th of Article L. 122-8 is supplemented by the words "natural or forested";
5° In the second paragraph of Article L. 123-1-2, the words "agricultural surfaces" are replaced by the words "agricultural surfaces and development";
6° The seventh to last paragraphs of Article L. 123-1-5, 6°, are replaced by two paragraphs, as follows:
"In agricultural or natural areas and outside the areas mentioned in this 6°, the regulations may designate buildings that may be subject to a change of destination, provided that this change of destination does not compromise the agricultural activity or the landscape quality of the site. The change of destination is subject, in the agricultural area, to the consistent view of the departmental commission for the preservation of agricultural, natural and forestry spaces provided for in article L. 112-1-1 of the rural code and the marine fisheries, and in the natural area, to the consistent view of the departmental commission of nature, landscapes and sites.
"In agricultural or natural areas and outside the areas mentioned in this 6°, residential buildings may be extended as long as this extension does not compromise the agricultural activity or the landscape quality of the site. The regulations specify the height, location and density conditions of the extensions to ensure their integration into the environment and their compatibility with the maintenance of the natural, agricultural or forest character of the area. » ;
7° The last sentence of the first paragraph of Article L. 123-6 is as follows:
"Every development of a local plan of urban planning of a municipality outside the scope of an approved territorial coherence scheme and resulting in a reduction of the areas of natural, agricultural and forest areas is subject to the departmental commission of the preservation of natural, agricultural and forest areas provided for in theArticle L. 112-1-1 of the Rural and Maritime Fisheries Code.
8° Article L. 124-2 is amended as follows:
(a) In the second sentence of the third paragraph, the words: "consumption of agricultural spaces" are replaced by the words: "preservation of natural, agricultural and forestry spaces";
(b) The second sentence of the fourth preambular paragraph reads as follows:
"However, the draft revision is subject to the departmental commission for the preservation of natural, agricultural and forestry spaces only if it is, in a commune outside an approved territorial coherence scheme, a reduction in areas where constructions are not allowed, referred to in the second paragraph. » ;
9° Article L. 143-1 is amended as follows:
(a) The first paragraph is amended to read:
-in the first sentence, after the word: "Department", the words are inserted: "or a public institution or a mixed union referred to in article L. 122-4" and, after the words: "intervention", are inserted the words: "associated with action programmes";
-in the second sentence, after the word: "approved" are inserted the words: "and associated action programmes";
(b) Two subparagraphs are added:
"The public institution or the mixed union referred to in the same article L. 122-4 can only define such a perimeter in the territory of the municipalities that make up it.
"When a public institution or a mixed union referred to in article L. 122-4 is at the initiative of the peri-urban agricultural and natural areas protection and development peri-urban areas, public investigations prior to the creation of the peri-urban peri-urban peri-urban areas and the territorial coherence framework may be concurrent. » ;
10° Section L. 145-3 is amended as follows:
(a) In the last sentence of the first paragraph of I, after the word: "Notices", are inserted the words: "of the departmental commission for the preservation of natural, agricultural and forest spaces and";
(b) In c of III, after the reference: "4°", the references are inserted: "I and II";
11° At the beginning of the first sentence of the second paragraph of Article L. 111-1-2, the words: "The constructions or installations referred to in 4° of the same I shall be replaced by the words: "The deliberation referred to in 4° of this Article shall be submitted".
VII.-Section L. 641-6 of the Rural and Maritime Fisheries Code is supplemented by a paragraph as follows:
"These conditions of production can include measures to promote the preservation of the terroirs. »
VIII.-Act No. 2014-366 of 24 March 2014 for access to housing and a renovated urban planning is thus amended:
1° Article 129 II reads as follows:
"II.-Larticle L. 122-1-9 of the urban planning code comes into force after the publication of this Act. The legislative bodies of public institutions that have initiated the development, revision or modification of a territorial coherence scheme prior to the publication of this Act may, however, opt for the application of the same section L. 122-1-9 in its earlier drafting of this Act. The territorial coherence schemes developed or revised prior to that date, as well as those whose development, modification or revision procedure has been completed after that same date in accordance with the provisions previously applicable to that date, are in accordance with that section L. 122-1-9 in its drafting resulting from this Act at the time of their next revision. » ;
2° Section 135 is supplemented by a III as follows:
"III.-The annulment or declaration of illegality of a local plan of urban planning or urban planning document taking place or of a communal map acting after December 31, 2015 having the effect of implementing the document immediately prior, in application of theArticle L. 121-8 of the urban planning code, may, where appropriate, bring into force the immediately preceding land occupancy plan, by derogation from section L. 123-19 of the same code in its drafting resulting from this Act. » ;
3° The first two paragraphs of Article 139 II are thus written:
"Section L. 122-1-2 of the urban planning code, in its drafting resulting from this Act, comes into force on the day after the publication of this Act. The legislative bodies of public institutions that have initiated the development, revision or modification of a territorial coherence scheme prior to the publication of this Act may, however, opt to apply the same section L. 122-1-2 in its drafting before this Act. The territorial coherence schemes developed or revised prior to that date, as well as those whose development, modification or revision procedure has been completed after that same date in accordance with the provisions previously applicable to that date, are brought into line with that section L. 122-1-2 in its drafting resulting from this Act at the next revision.
"Sections L. 123-1-2 and L. 123-1-3 of the same Code, in their drafting as a result of this Act, come into force after the publication of this Act. However, the legislative bodies of public institutions that have initiated the development, revision or modification of a local urban planning plan prior to the publication of this Act may opt to apply the same sections L. 123-1-2 and L. 123-1-3 in their writing before this Act. The local urban planning plans developed or revised prior to that date, as well as those whose development, modification or revision procedure is completed after that same date in accordance with the provisions previously applicable to that date, are in accordance with the said sections L. 123-1-2 and L. 123-1-3 in their drafting resulting from this Act at their next revision. »
IX.-A first sentence of the last paragraph of article L. 123-19 of the urban planning code, the second occurrence of the word: "before" is replaced by the words: "after".
X.-The 3rd of the VI comes into force after the publication of this Act. The legislative bodies of public institutions that have initiated the development, revision or modification of a territorial coherence scheme prior to the publication of this Act may, however, opt for the application of last paragraph of Article L. 122-1-5 of the urban planning code in its writing before this Act. The territorial coherence schemes developed or revised prior to that date and those whose development, modification or revision procedure has been completed after that same date in accordance with the provisions previously applicable to that date are brought into compliance with this Act at their next revision.
The first of Article L. 2411-10 of the General Code of Territorial Communities is as follows:
« 1° For the benefit of agricultural operators having their real and fixed domicile, an operating building and the seat of their operation in the territory of the section and operating agricultural properties on it; and, if the competent authority decides, for the benefit of agricultural operators having an operating building hosting, during the winter period, their animals in the territory of the section in accordance with the regulation of allocation and operator of agricultural goods on that territory; "
The Rural and Maritime Fisheries Code is amended as follows:
1° In the second sentence of the first paragraph of article L. 121-16, after the words: "if applicable," the words are inserted: "by a land and agricultural expert";
2° After the article L. 123-4-1, an article L. 123-4-2 is inserted as follows:
"Art. L. 123-4-2.-The proposed new parcel and related programme of work of agricultural and forestry land development established by the municipal or inter-communal land development commission is submitted by the president of the General Council to a public inquiry organized under the conditions set out in chapter III of title II of Book I of the Environmental Code, in terms defined by decree in the Council of State. » ;
3° Article L. 126-5 is as follows:
"Art. L. 126-5.-The determination of the afforestation control areas provided for in Article L. 126-1 of this Code and the perimeters of the communes included in the areas where this regulation is applied are subject to a public inquiry conducted under the conditions set out in Chapter III of Title II of Book I of the Environmental Code and in terms defined by decree in the Council of State. » ;
4° The second paragraph of Article L. 152-1 is supplemented by a sentence as follows:
"It is the subject of a public inquiry conducted in accordance with the terms set out in Chapter I of Title I of the Code of Expropriation because of public utility. » ;
5° The last paragraph of Article L. 161-10-1 is as follows:
"The pre-disposal investigation of a rural path under section L. 161-10 and this section shall be conducted in accordance with code of expropriation because of public utility and in terms set by decree in the Council of State. »
I.-After article L. 112-1-1 of the same code, an article L. 112-1-3 is inserted as follows:
"Art. L. 112-1-3.-Projects of public and private works, works or developments which, by their nature, their dimensions or their location, are likely to have significant negative consequences on the agricultural economy are the subject of a preliminary study including at least a description of the project, an analysis of the initial state of the agricultural economy of the territory concerned, the study of the effects of the project on it, the measures envisaged
"Preliminary study and compensation measures are taken by the owner.
"A decree determines the terms and conditions for the application of this article, including the projects of public and private works, works or arrangements that must be studied beforehand. »
II.-The I shall enter into force on a date fixed by decree and no later than 1 January 2016.
Title IV of Book I of the Rural and Maritime Fisheries Code is thus amended:
1° Article L. 141-1 is amended as follows:
(a) I is thus written:
"I.-Real Estate and Rural Settlement Corporations may be established to carry out the following tasks:
« 1° They work primarily to protect agricultural, natural and forest areas. Their interventions are intended to promote the installation, maintenance and consolidation of agricultural or forestry farms in order to achieve a sustainable economic dimension in accordance with the criteria of the regional agricultural management framework, as well as the improved distribution of farms. These interventions contribute to the diversity of production systems, including those that combine economic, social and environmental performance and those related to organic farming within the meaning of Article L. 641-13;
« 2° They contribute to the diversity of landscapes, the protection of natural resources and the maintenance of biological diversity;
« 3° They contribute to the sustainable development of rural territories, within the framework of the objectives defined in Article L. 111-2;
« 4° They ensure transparency in the rural land market. » ;
(b) The 3rd of the II is thus written:
« 3° Acquire shares or shares of companies with the main purpose of farming or property, in particular, by derogation from Article L. 322-1, all or part of the shares of agricultural land groupings or rural land groupings; » ;
(c) At the beginning of the first sentence of the first paragraph of the 1st paragraph of the III, the words: "In the cases referred to in the 1st and 2nd of the II" are deleted;
(d) It is added an IV as follows:
"IV.-1. The structure of all land-use and rural establishment societies transmits annually to the High Council for Forest and Timber the assessment of their forest-related activities.
“2. Land and rural development companies participate in the meetings and provide technical support to the work of the departmental commission for the preservation of natural, agricultural and forestry spaces provided for in Article L. 112-1-1. They are also represented by the structure that brings them together, mentioned in the 2nd of the II of Article L. 141-6, to the Observatory of Natural, Agricultural and Forest Spaces under Article L. 112-1. » ;
2° After L. 141-1, insert items L. 141-1-1 and L. 141-1-2 as follows:
"Art. L. 141-1-1.-I.-For the exercise of their missions, the land development and rural establishment companies are previously informed by the notary or, in the case of an assignment of shares or shares of companies, by the assignor, under conditions fixed by decree in the Council of State, of any assignment between assets entered into on an expensive basis or free of charge relating to goods or rights of furniture or real estate This obligation of information is also applicable to the assignments of usufruct or nue-property, for which, in particular, the consistency and value of the property concerned are specified.
"II.-If a property or immovable or immovable right on which a land development and rural establishment is authorized to exercise the right of preemption under sections L. 143-1 and L. 143-7 is alienated to the benefit of a third party in violation of the obligation of information referred to in I of this section, the said corporation may, within six months of publication of the notice of sale or, It may, within a period of six months from the date on which it was informed, request the High Court to cancel a free assignment if it considers that the assignment should have been notified to it as an expensive assignment.
"III.-If a movable or immovable property or property that does not fall within the scope of II is alienated to the benefit of a third party in breach of the obligation of information referred to in I, the administrative authority may, ex officio or at the request of the land development and rural establishment corporation, make an administrative fine, at least equal to the amount fixed at theArticle 131-13 of the Criminal Code for fifth class contraventions and not more than 2% of the amount of the transaction. The costs resulting from the measures necessary to carry out this sanction are borne by the offender. The administrative authority shall notify the author beforehand of the breach of the facts against him, of the provisions he has breached and of the penalties he has imposed. She informs him of the time available to make his written submissions and, where appropriate, the terms and conditions under which he may be heard if he so requests. She informs her of her right to be assisted by the advice of her choice. The decision to sanction cannot be taken more than a year after the facts are found. It may be the subject of a full judicial remedy before the administrative court.
"Art. L. 141-1-2.-The land-use and rural establishment companies shall transmit to the administrative authority, under the conditions set out in section L. 331-5, the information they receive, pursuant to section L. 141-1-1, on the assignments of shares or shares of companies concerning companies that have obtained an authorization to operate.
"For the exercise of their missions and the transparency of their actions, land management and rural establishment companies:
« 1° The information they hold on the price, surface, nature and cadastral reference of the property involved in the assignment and, where appropriate, the analysis that arises from it shall be authorized to communicate to the public and private individuals in charge of a public service mission;
« 2° Communicate to the services of the State, in conditions set by decree, the information they hold on the evolution of prices and the extent of changes in destination of agricultural land. » ;
3° Article L. 141-6 is as follows:
"Art. L. 141-6.-I.-Real and rural development societies are established at the regional or interregional level. They must be approved by the ministers responsible for agriculture and the economy. Their area of action is defined in the accreditation decision.
"II.-Proposed to obtain the approval referred to in I, the companies whose statutes provide:
« 1° The presence in their board of directors of three colleges with representatives:
“(a) Trade union organizations with a general purpose of representative agricultural operators at the regional level, as well as regional agricultural chambers, to which may be added, in order to reach the number of members required for this college, other agricultural professional representatives proposed by the regional agricultural chambers;
“(b) Territorial authorities in their area of action and, where appropriate, public institutions attached to them;
"(c) Other persons, including the State, shareholders of the company and representatives of approved environmental protection associations and departmental, interdepartmental or regional federations of hunters;
« 2° Membership in a structure comprising all registered land and rural development societies and participation in the equalization fund managed by this structure, under conditions fixed by decree in the Council of State.
"The colleges mentioned at 1° are composed by seeking a balanced representation of women and men.
"When a land-use and rural settlement corporation has been incorporated as an anonymous corporation, its statutes may provide, by derogation from theArticle L. 225-17 of the Commercial Codeto increase the number of board members to twenty-four.
"III.- Public communities and legal persons representing economic, environmental and social interests of a rural nature may participate in the social capital of land-use and rural establishment societies. » ;
4° Section 1 of chapter II is supplemented by an article L. 142-5-1 as follows:
"Art. L. 142-5-1.-When a land development and rural settlement company sells a land whose productions are subject to organic farming within the meaning of Article L. 641-13, it assigns it as a priority to a candidate who undertakes to pursue a farm in organic farming for a minimum period of six years.
"When a land-use and rural settlement company sells wooded land with an area of less than ten hectares, the choice of the attribute is a priority on a contiguous wooded landowner. In the event that several owners meet the same criteria, the one whose wooded land is the subject of one of the management documents mentioned to the 2° of Article L. 122-3 of the Forest Code is a priority.
"The allocation priority provided for in the second paragraph of this Article shall not apply to the wooded areas referred to in Article L. 143-4, paragraph 6, of this Code, or to the wooded lands assigned jointly to a residential or operating building to which they are adjacent, or to the wooded lands assigned with other unwooded plots if the agricultural surface is predominant. » ;
5° Article L. 143-1 is amended as follows:
(a) The first two preambular paragraphs are replaced by six preambular paragraphs:
"For the benefit of land-use and rural establishment companies, a right of pre-emption in the event of an expensive alienation of property for agricultural use and of movable property attached to them or of bare land for agricultural purposes, subject to the I of Article L. 143-7. For the purposes of this article, land is considered to be agricultural, either in a protected agricultural area created pursuant to Article L. 112-2 of this Code, or within a perimeter delimited under Article L. 143-1 of the urban planning code, or in an agricultural area or a natural and forest area delimited by a urban planning document. In the absence of a urban planning document, are also viewed as agricultural plots land located in areas or areas not yet urbanized in the municipalities, excluding wood and forests.
"This right of pre-emption may also be exercised in the event of an expensive alienation of residential buildings that are part of an agricultural operation. It may also be exercised in the event of an expensive alienation of buildings located in the areas or spaces mentioned in the first paragraph and which have been used for the exercise of an agricultural activity over the last five years preceding the alienation, to make them agricultural use. Section L. 143-10 of this Code is not applicable in this case.
"The land is assimilated to bare land, which only supports sinters, ruins or temporary installations, occupations or equipment that are not likely to permanently undermine their agricultural vocation.
"When the alienation in a cost-effective manner carries in a joint manner on agricultural land and the decoupled payment rights created under the Common Agricultural Policy, this right of pre-emption can be exercised globally on the whole so constituted for the sole purpose of a joint surrender of the land and rights thus acquired, in accordance with the terms set by decree.
"The land-use and rural establishment corporations may exercise their right of pre-emption in the event of an expensive alienation of the usufruct or the nue-property of the property referred to in this section. They may only pre-empt the nue-property of these properties in cases where they hold the usufruct or are able to acquire it concurrently, or where the duration of the remaining usufruct does not exceed two years, [Dispositions declared non-conforming to the Constitution by Constitutional Council Decision No. 2014-701 DC of 9 October 2014].
"The land-use and rural establishment corporations may, subject to Article L. 143-7, exercise their right of pre-emption in the event of an alienation in an expensive capacity of all the shares or shares of a corporation that is the principal object of the exploitation or agricultural property, where the exercise of that right is the purpose of the installation of a farmer. » ;
(b) It is added a paragraph to read:
"In the event of a lack of understanding of the provisions of this chapter by a land-use and rural establishment corporation, the Minister for Agriculture may suspend, for a period not exceeding three years, the right of pre-emption of that corporation. In the event of reiteration of defects, the approval referred to in section L. 141-6 may be withdrawn. » ;
6° After L. 143-1, articles L. 143-1-1 and L. 143-1-2 are inserted as follows:
"Art. L. 143-1-1.-The land-use and rural settlement corporation is authorized to exercise its right of pre-emption only on a portion of the alienated property where the alienation simultaneously carries on agricultural or agricultural land and on one or more of the following categories of property:
« 1° Agricultural buildings and movable property attached to them;
« 2° Buildings mentioned in the second paragraph of Article L. 143-1;
« 3° Property for which it does not enjoy a right of pre-emption.
"This right of pre-emption can be exercised only on land for agricultural use or purpose and the movable property attached to them, or on these lands and one of the categories of property mentioned in 1° and 2° or on both categories.
"When the land-use and rural settlement company informs the seller of its intention to pre-empt only part of the property on sale, the owner may require that it acquire all alienated property. If it accepts partial pre-emption, it may require that the land development and rural settlement corporation compensate for the loss of value of non-acquired property. In the absence of an amicable agreement on the amount of compensation, the compensation is fixed by the High Court.
"Art. L. 143-1-2.-Where, pursuant to the last paragraph of section L. 143-1-1, the land development and rural settlement corporation has been required to acquire property, the land development and rural settlement corporation must return the property to the purchased purchaser.
"In the event of a refusal to acquire by the latter, it must propose them to surrender to one or more of the attribute candidates of the portion of the property that has motivated the pre-emption decision or to propose them to surrender in one of the purposes provided for in Article L. 143-2.
"In the event of a refusal of acquisition by these attributes or in the event of an impossibility of surrender in any of the purposes provided for in the same article L. 143-2, it may assign such property to any person who is a candidate, in accordance with the missions referred to in Article L. 141-1.
" Whatever the attribute, the sale price of these properties cannot exceed their purchase price by the land-use and rural settlement company, plus the costs it incurred. » ;
7° Article L. 143-2 is amended as follows:
(a) At the end of the first paragraph, the reference: "by theArticle 1 of Act No. 99-574 of 9 July 1999 agricultural orientation is replaced by the reference: "to Article L. 1";
(b) 2° is thus written:
« 2° The consolidation of farms in order to enable them to achieve a viable economic dimension in accordance with the criteria of the regional master plan for farms and the improvement of the division of existing farms under the conditions set out in section L. 331-2. » ;
(c) The 8th is thus written:
« 8° Environmental protection, primarily through the implementation of appropriate agricultural practices, within the framework of strategies defined by the State, territorial authorities or their public institutions or approved by these public persons pursuant to this Code or environmental code ;
8° Article L. 143-4 is amended as follows:
(a) In the first paragraph of 6°, the words: "woody surfaces" are replaced by the words: "Plots classified in kind of wood and forests in cadastre";
(b) It is added an 8° as follows:
« 8° The acquisitions of the nue-property of a property by its usufructiers and those of the usufruct of a property by its nue-owners. » ;
9° Article L. 143-7 is as follows:
"Art. L. 143-7.-I.-For the definition of the conditions for the exercise of the right of pre-emption referred to in Article L. 143-1, the land development and rural establishment corporation shall apply to the competent administrative authority of the State of a request indicating the areas in which it considers it necessary to be able to exercise that right and, where appropriate, the minimum land to which it should apply. This authority collects the opinion of the departmental commissions for the orientation of agriculture and the relevant chambers of agriculture in the area under review and consults the public under conditions to collect its observations. In view of these opinions and the synthesis of the results of the public consultation, the conditions for the exercise of the right of pre-emption are set by decree for each land-use and rural establishment.
"II.-On the occasion of the renewal of the multi-year programme of activity of the land development and rural settlement corporation, on the basis of the Government or society commissioners' request, a review of the conditions for the exercise of the right of pre-emption may be conducted in accordance with the terms and conditions set out in I.
"III.-The illegality, for defects in form or procedure, of the decree setting or amending the conditions for the exercise of the right of preemption of a land-use and rural settlement corporation cannot be invoked by way of exception after the expiration of a period of six months from its publication. The cancellation of the decree setting or amending the conditions for the exercise of the right of pre-emption of a land-use and rural settlement corporation does not allow for the questioning of pre-emption decisions that have become final. » ;
10° Article L. 143-7-1 is amended as follows:
(a) In the first sentence of the third paragraph, the words: "the acquisition of one" are replaced by the words: "to acquire";
(b) It is added a paragraph to read:
"When the land-use and rural settlement corporation exercises, at the request and on behalf of the department, the right of pre-emption provided for in the 9th of Article L. 143-2, it may make use of the procedure for revising the selling price provided for in Article L. 143-10. » ;
11° Article L. 143-7-2 is supplemented by a paragraph as follows:
"Previously to any retrocession, she also informs them of her intention to put on sale any property located in the territory of their commune. » ;
12° In the second sentence of Article L. 143-12, the words: "the authorization provided for in the second paragraph of" are replaced by the words: "the decree provided for in".
I.-After article L. 141-8 of the same code, an article L. 141-8-1 is inserted as follows:
"Art. L. 141-8-1.-Employment and Rural Development Corporations establish annually an analytical accounting, in accordance with rules and an accounting plan common to all these societies. The Government ' s Commissioners shall receive such records. »
II.-A Article L. 141-9 of the same code, the reference "L. 141-8" is replaced by the reference "L. 141-8-1".
I.-The preliminary chapter of title III of Book III of the same Code is as follows:
“Preliminary Chapter
"The policy of installation and transmission in agriculture
"Art. L. 330-1.-The State shall determine the national regulatory framework for the policy of installation and transmission in agriculture, including the nature and criteria for the allocation of aids to the facility. This is implemented at the regional level under the joint authority of the regional prefect and the president of the regional council or, for Corsica, under the authority of the president of the executive council of the territorial community of Corsica. This policy includes a component relating to the installation of young people who do not have the required diplomas, but are engaged in training.
"In order to benefit from the facility, candidates must justify their ability to carry out a viable project through the detention of a professional capacity. Applicants develop a comprehensive installation project covering economic and environmental aspects.
"Art. L. 330-2.-In order to facilitate access to the responsibilities of the Chief Operating Officer, it is established, under conditions fixed by decree, a progressive installation system established over a maximum of five years.
"Art. L. 330-3.-Any person following training or internships for his or her plant in agriculture and meeting conditions defined by decree may be granted a social insurance contract for the installation in agriculture concluded with the State, if it does not fall under a social security regime.
"The persons referred to in the first paragraph shall have the status of trainees of continuing vocational training, pursuant to Part 6 of the Labour Code, except where they conduct the operational application internship referred to in the second paragraph of Article L. 741-10 of this Code. Articles L. 6342-2 and L. 6342-3 the labour code is applicable to them.
"The social insurance contract for the facility in agriculture does not preclude payment of any remuneration or allowance outside of the periods during which the person receives remuneration for a job or internship.
"A decree determines the content of the social insurance contract for the installation in agriculture, its maximum duration and the conditions of its renewal.
"Art. L. 330-4.-I.-Agricultural farms are assisted when the operator, at least fifty-seven years of age, employs full-time and maintains in employment during the duration of the assistance, with the aim of transmitting the company to it, a person, other than a parent or allied to the third degree, who is:
« 1° An employee who is at least twenty-six years of age and not more than thirty years of age upon arrival on the farm;
« 2° A trainee who is not more than thirty years old upon arrival on the operation.
"When his or her journey or situation justifies it, this person may be employed part-time, with his or her agreement. Its weekly duration of work can then be less than four-fifths of the weekly duration of full-time work.
"When the employee is a trainee, the amount of assistance the company receives is reduced under the conditions set out in the Order in Council mentioned in III.
"II.-The payment of the assistance is conditional, if any, upon obtaining the authorization referred to in section L. 331-2 and, where the operator is not the owner of all or part of the operation to be transmitted to the owner's agreement on the transfer of the lease.
"III.-The duration and amount of assistance and the conditions under which such assistance is reimbursed when the commitments are not made are fixed by decree. The amount of assistance is calculated on the basis of the weekly duration of the transmission recipient's work.
"IV.-This article is not an obstacle to the application of Articles L. 5121-17 to L. 5121-21 of the Labour Code farms and employees of these farms. However, the same employee cannot be taken into account under these two schemes.
"Art. L. 330-5.-Except in the event of force majeure, at least three years before their retirement, agricultural operators shall notify the administrative authority of their intention to cease their operation and its characteristics and indicate whether it will become available. This information may be made available to the public. This notification is necessary to eventually benefit, on the scheduled date, from the authorization to continue the development of the operation or part of it under the conditions set out in sections L. 732-39 and L. 732-40.
"Retirement management services and agencies individually inform each farmer of this obligation four years before it reaches the age required for retirement.
"It is created in each department a directory to the installation. It is responsible for facilitating linkages between assignors and regenerators, especially for non-family facilities. »
II.-The first sentence of Article L. 331-4 of the same code is supplemented by the words "or, in the case provided for in Article L. 330-4, before the expiry of the cultural year following that of the end of the payment of aids".
III.-Book VII of the same code is amended as follows:
1° Section L. 741-10 is amended as follows:
(a) In the second paragraph, the words: "young farmers" are replaced by the words: "candidates for installation" and, after the words: "an application internship" are inserted the words: "in operation";
(b) In the last paragraph, the references: ", b and f" are replaced by the reference: " and b" and the references: ", 8° and 9°" are replaced by the reference: " and 8° of the II";
2° The 9° of Article L. 751-1 is repealed.
IV.-The title I of Book V of the same code is amended as follows:
1° Section L. 511-4 is amended as follows:
(a) The 4th is thus written:
« 4° Assure a public service mission related to the installation policy on behalf of the State, whose terms are defined by decree. In Corsica, this mission is entrusted to the establishment mentioned in article L. 112-11; » ;
(b) It is added a 5° as follows:
« 5° Contributes to the improvement of women's access to the status of operator, by the establishment of actions and the dissemination of specific information. » ;
2° Article L. 513-1 is supplemented by a paragraph as follows:
"is responsible for the management of a national observatory of the facility to analyze the installation and transmission data, which it collects in particular from the facility referred to in section L. 313-1 and from the organizations referred to in section L. 723-1. »
V.-The second paragraph of Article 1605 nonies of the General Tax Code is as follows:
"The proceeds of this tax shall be affected, within the limit provided for in the cap I of Article 46 of Law No. 2011-1977 of 28 December 2011 for 2012, to a fund included in the Service and Payment Agency budget. This fund funds measures for planting and transmission in agriculture. It supports, among other things, actions that facilitate the transmission and access to land, activities of animation, communication and support, innovative projects and collective or individual investments. »
I.-Chapter II of Book III title I of the Rural and Maritime Fisheries Code is amended as follows:
1° Section 1 is as follows:
“Section 1
"The Regional Agricultural Farms Master Plan
"Art. L. 312-1.-I.-The regional agricultural management framework sets out the conditions for the implementation of Chapter I of Title III of this book. It determines, in order to meet all the objectives mentioned in Article L. 331-1, the orientations of the regional policy of adaptation of farm structures, taking into account the specificities of the different territories and of all the economic, social and environmental issues defined in the regional plan of sustainable agriculture.
"II.-The regional master plan for farms shall, taking into account the guidance referred to in I of this section, set the surface threshold beyond which the authorization to operate is required under section L. 331-2. This threshold is between the third party and once the average regional useful agricultural surface is established under conditions established by the decree mentioned in the V of this article. The Regional Agricultural Operations Master Plan identifies equivalencies on the average regional useful agricultural surface, by type of production, in particular for the productions referred to in Article L. 641-5 and for off-ground production workshops. Where appropriate, these equivalencies may be fixed by natural region or territory with consistency in agricultural matters, taking into account the average useful agricultural surface of the spaces concerned.
"III.-The Regional Agricultural Operations Master Plan sets out, in order to meet all of the objectives and orientations referred to in this section, the order of priorities between the different types of operations affected by an application for authorization referred to in section L. 331-2, taking into account the economic and environmental interest of the operation.
"The different types of operations affected by a request for authorization are the installation of farmers, the expansion or meeting of farms and the maintenance or consolidation of existing farms.
"The criteria for assessing the economic and environmental interest of an operation, based on which the order of priorities is established, are as follows:
« 1° The economic dimension and viability of the agricultural farms concerned;
« 2° The contribution of the proposed operation to the diversity of regional agricultural productions, to the diversity of agricultural production systems and to the development of proximity circuits;
« 3° The implementation by the farms concerned of agricultural production systems to combine economic performance and environmental performance, including those in the biological production mode within the meaning of Article L. 641-13;
« 4° The degree of participation of the applicant or, where the applicant is a legal entity, of its associates in the direct exploitation of the property subject to the application within the meaning of the first paragraph of section L. 411-59;
« 5° The number of non-workers and employees, permanent or seasonal, on the farms concerned;
« 6° The environmental impact of the planned operation;
« 7° The structure of the relevant farms;
« 8° The personal situation of the persons mentioned in the first paragraph of the V.
"The Regional Agricultural Operations Master Plan can determine the order of priorities by assigning weight to the various elements taken into account.
"IV.-The Regional Agricultural Operations Master Plan sets out the criteria for assessing the economic dimension and sustainability of the farms affected by the application for authorization referred to in Article L. 331-2. It specifies the criteria under which an operation leads to an enlargement or concentration of excessive exploitations in order to diminish the diversity of productions and the number of jobs of the farms concerned for the purposes of Article L. 331-1 and Article L. 331-3-1.
"V.-For the purposes of this section, are considered to be affected by the application for authorization referred to in Article L. 331-2 the applicant's farms, other applicants for the resumption and that of the applicant in place.
"A decree in the Council of State specifies the conditions for the application of this article, including the modalities for the development and revision of the regional framework of agricultural farms. » ;
2° Sections 4 and 5 are repealed.
II.-The same code is amended as follows:
1° The last two sentences of the first paragraph of Article L. 142-6 are thus written:
"The maximum duration of the conventions is six years, renewable once, regardless of the size of the rural buildings available. The same applies to the provision of rural buildings under agreements with the State, a territorial community or a public institution. » ;
2° In the first sentence of Article L. 314-1-1, the words: "in application of Article L. 313-1" are deleted;
3° In the first paragraph of Article L. 411-40, the words: "whose surface is at least equal to the minimum surface of installation" are replaced by the words: ", whose surface is at least equal to the threshold referred to in Article L. 312-1";
4° In the last paragraph of Article L. 412-5, the words: "the minimum installation surface provided for in theArticle L. 312-6 of the Rural and Maritime Fisheries Code are replaced by the words: "the threshold referred to in Article L. 312-1".
III.-Chapter I of Title III of Book III of the same Code is amended as follows:
1° Sections L. 331-1 and L. 331-2 are replaced by sections L. 331-1, L. 331-1-1 and L. 331-2 as follows:
"Art. L. 331-1.-The control of farm structures applies to the development of agricultural lands or off-ground production workshops within an agricultural farm, regardless of the form or mode of legal organization of the farm and the title under which development is assured.
"The main objective of structural control is to encourage the installation of farmers, including those engaged in a phased installation process.
"This control also aims to:
« 1° Consolidate or maintain farms in order to enable farms to achieve or maintain a viable economic dimension in accordance with the criteria of the regional agricultural management framework;
« 2° Promote the development of production systems to combine economic performance and environmental performance, including those related to biological production within the meaning of Article L. 641-13, and their sustainability;
« 3° Maintain a diversified, employment-rich and value-added agriculture, including by limiting the expansions and concentrations of farms for the benefit, direct or indirect, of the same excessive natural or legal person in relation to the criteria specified in the regional agricultural management scheme.
"Art. L. 331-1-1.-For the purposes of this chapter:
« 1° A total of all production units that are directly or indirectly developed by the same person, regardless of their status, form or mode of legal organization, whose activities are referred to in Article L. 311-1;
« 2° It is deemed to be an expansion of operations or a meeting of farms for the benefit of a person that, for the person, establishing an agricultural operation as an individual or as part of a legal entity, to increase the area of such exploitation [Dispositions declared non-conformal by Constitutional Council Decision No. 2014-701 DC of 9 October 2014]; the disposition of property of an operator partner upon entry into a corporation is also considered to be an expansion or a meeting of operations for the benefit of that corporation;
« 3° In order to determine the total valued area, the applicant's total land area shall be taken into account, in any form and in all productions, by applying the equivalencies set out in the regional agricultural management framework for the different types of production. The woods, cuts and friches are excluded, with the exception of the lands located in Guadeloupe, Guyana, Martinique or La Réunion and referred to in Article L. 181-4 and those located in Mayotte and referred to in Article L. 182-12. They are also excluded from the ponds other than the ones used for fish farming.
"Art. L. 331-2.-I.-Sont subjected to prior authorization the following operations:
« 1° Facilities, expansions or meetings of farms for the benefit of an agricultural operation developed by one or more natural or legal persons, where the total area considered to be valued exceeds the threshold set by the regional agricultural management scheme. However, the constitution of a corporation is not subject to prior authorization when it results from the transformation, without further modification, of an individual exploitation held by a natural person who becomes the sole operator partner or when it results from the intake of individual exploitations held by two spouses or two persons bound by a civil solidarity pact that become the sole operator partners;
« 2° Regardless of the area in question, facilities, expansions or meetings of farms resulting in:
“(a) To remove an agricultural farm whose area exceeds the threshold mentioned at 1° or to reduce the area of an operation below that threshold;
“(b) To deprive an agricultural operation of a building essential to its operation, unless it is rebuilt or replaced;
« 3° Regardless of the area involved, facilities, expansions or meetings of farms for the benefit of an agricultural operation:
“(a) Including one of the members with the operator's quality does not meet the conditions of capacity or professional experience set by regulation;
“(b) Not having a member with an operator quality;
"(c) When the operator is a multi-active operator, meeting the conditions of capacity or professional experience, whose extra-agricolic revenues exceed 3,120 times the hourly amount of the minimum growth wage, with the exception of operators engaged in a progressive installation arrangement, as defined in section L. 330-2;
« 4° Where the Regional Agricultural Operations Master Plan provides, expansions or meetings of farms for property whose distance from the applicant's headquarters is greater than a maximum fixed;
« 5° The creations or extensions of capacity of off-ground production workshops beyond a production threshold set by the regional agricultural farms master plan.
"II.-The transactions subject to authorization under I shall, by derogation from that same I, be subject to a prior declaration when the agricultural property to be valued is received by donation, lease, sale or succession of a parent or allied to the third degree included and the following conditions are met:
« 1° The declarant shall meet the conditions of capacity or professional experience mentioned in the 3rd of the I;
« 2° Assets are free to rent;
« 3° Assets are held by a parent or ally within the meaning of the first paragraph of this II for at least nine years;
« 4° Assets are intended for the installation of a new farmer or for the consolidation of the farmer's operation, provided that the total surface of the farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer' farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farmer's's farmer's farmer's farmer's farmer's farmer's farmer's farmer's farm is not exceeded the surface after consolidation threshold by the surface of the surface of the surface of the surface of the surface of the surface of the surface of the surface area of the surface area of the surface area of the surface area of the surface of the surface area of the land under section II of section L.
"For the purposes of this II, the shares of a corporation constituted between members of the same family are assimilated to the property they represent.
"III.-Where the development of agricultural property by the candidate to whom the land development and rural settlement corporation intends to retrocede them is subject to authorization to operate under I, the favourable opinion given to the surrender by the Commissioner of the Government representing the Minister for Agriculture shall be such authorization.
"In this case, the advertisement of the retrocession project is the advertisement provided for in the first paragraph of Article L. 331-3.
"If he or she considers that, in the light of the other applications for the surrender or development of the property and the grounds for refusal under section L. 331-3-1, the applicant for surrender shall not be authorized to exploit the property that he or she intends to acquire, the Commissioner of the Government expressly mentions in his or her notice. This mention is in the event of a refusal of the authorization to operate referred to in Article L. 331-2. » ;
2° Article L. 331-3 is as follows:
"Art. L. 331-3.-The administrative authority shall publicize the applications for authorization before it, in accordance with the terms defined by decree.
"It shall verify, taking into account the reasons for refusal provided for in section L. 331-3-1, whether the conditions of the operation permit to issue the authorization referred to in section L. 331-2 and shall decide on the application for authorization by a reasoned decision. » ;
3° After L. 331-3 are inserted articles L. 331-3-1 and L. 331-3-2 as follows:
"Art. L. 331-3-1.-The authorization referred to in section L. 331-2 may be refused:
« 1° Where there is a candidate for recovery or a preneur in place meeting a higher priority with respect to the regional agricultural structure master scheme referred to in Article L. 312-1;
« 2° When the operation compromises the viability of the licensee's operation in place;
« 3° If the operation leads to an expansion or concentration of farms for the benefit of the same excessive person under the criteria set out in 3° of Article L. 331-1 and specified by the regional model of agricultural structures pursuant to Article L. 312-1, except in the case where there is no other candidate for the resumption of the operation or the property under consideration, or a preneur in place;
« 4° In the case of the provision of land to a company, where the company results in a reduction in the number of employees or non-workers, permanent or seasonal, on the farms concerned.
"Art. L. 331-3-2.-The authorization referred to in section L. 331-2 may be issued only for a portion of the application, in particular if some of the parcels on which it carries are the subject of other priority applications. » ;
4° Article L. 331-5 is supplemented by a paragraph as follows:
"The authorizations referred to in Article L. 331-2 issued to companies composed of at least two associate operators shall be communicated by the administrative authority to the relevant land development and rural establishment corporation. The administrative authority shall transmit to the administrative authority the information it receives, pursuant to Article L. 141-1-1, on the assignments of shares or shares of corporations relating to such companies within six years of the date on which the authorization referred to in Article L. 331-2 was issued. » ;
5° Article L. 331-7 is amended as follows:
(a) [Dispositions declared not in conformity with the Constitution by Constitutional Council decision No. 2014-701 DC of 9 October 2014. ]
(b) [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2014-701 DC of 9 October 2014. ]
IV.-A the last sentence of the third paragraph of Article L. 642-1 of the Commercial Code, the words: " dispositions of 1° to 4° and 6° to 9° of Article L. 331-3" are replaced by the words: "priority of the Regional Master Plan for Agricultural Farms referred to in Article L. 312-1".
Book VII of the Rural and Maritime Fisheries Code is amended as follows:
1° Article L. 722-5 is as follows:
"Art. L. 722-5.-I.-The minimum importance of the operation or agricultural enterprise required for their leaders to be considered as chief of operation or agricultural enterprise under the activities referred to in Article L. 722-1 is determined by the minimum subjugation activity. The minimum subjugation activity is achieved when one of the following conditions is met:
« 1° The valued area is at least equal to the minimum subject area referred to in Article L. 722-5-1, taking into account, where appropriate, equivalence coefficients applicable to specialized agricultural productions;
« 2° The working time required for the conduct of the activity is, in case the activity cannot be valued according to the condition mentioned in 1°, at least 1 200 hours per year;
« 3° The person's professional income is at least equal to the lump sum, referred to in section L. 731-16, applicable to sickness, disability and maternity insurance contributions where the person develops an farm or an agricultural business whose importance is greater than the minimum set out in section L. 731-23 and has not claimed his or her pension rights. This condition is deemed to be met when the occupational income decreases but remains at least higher than the above-mentioned lump sum of 20%.
"II.-If the condition provided for in 1° of I is not met, the area of the farm or agricultural enterprise is converted to working time on the basis of an equivalence between the minimum surface of subjugation and 1,200 working hours for the assessment of the condition referred to in 2° of the same I. The working time resulting from this conversion is added to the working time required for the conduct of the activity mentioned at the same 2°.
"III.-In the event of co-operation or exploitation in societal form, the minimum activity of the farm or agricultural enterprise required for members or associates participating in the work to be considered as chief of operation or agricultural enterprise is equal to that set out in 1° or 2° of I.
"IV.-The terms and conditions of application of this article shall be determined by decree. » ;
2° After the article L. 722-5, an article L. 722-5-1 is inserted as follows:
"Art. L. 722-5-1.-The minimum subjugation surface is fixed by prefectural order, on the proposal of the competent agricultural mutuality fund. Its value may vary by natural regions or infra-departmental territories and by type of production, with the exception of off-ground productions.
"The minimum surface of poly-culture-breeding coverage may not be less than 30% at the minimum level of national subjugation, except in mountain or disadvantaged areas where the lower limit may reach 65%; the minimum area of national subjugation is fixed by order of the Minister for Agriculture.
"For off-ground productions, an order of the Minister for Agriculture sets out the equivalence coefficients applicable uniformly to the entire territory, on the basis of the minimum national subjugation surface provided for in the second paragraph. » ;
3° Article L. 722-6 is amended as follows:
(a) In the first sentence, the words: "not subject to the minimum import requirement set out in Article L. 722-5 are" are replaced by the words: "more subject to the minimum activity condition set out in Article L. 722-5 may remain";
(b) At the end of the second sentence, the word "article" is replaced by the word "paragraph";
(c) It is added a paragraph to read:
"By derogation from sections L. 722-4 and L. 722-5, persons who benefit from the progressive installation scheme referred to in Article L. 330-2 and whose occupational income is at least equal to the lump sum, referred to in Article L. 731-16, applicable to sickness, disability and maternity insurance contributions less than 20% or whose area valued is greater than one-quarter of the minimum area of pay, » ;
4° In article L. 722-7, after the reference: "L. 722-5," the words are inserted: "in his writing before the Act No. 2014-1170 of 13 October 2014 for the future for agriculture, food and the forest,"
5° Article L. 723-3 is supplemented by a paragraph as follows:
"They propose to the prefect the minimum subjugation surface provided for in Article L. 722-5-1. » ;
6° Section L. 731-23 is amended as follows:
(a) At the beginning of the first sentence of the first paragraph are added the words: "Subject to the 3rd I of Article L. 722-5,"
(b) It is added a paragraph to read:
"The persons referred to in this article shall cease to be liable for this assessment as long as they meet the conditions referred to in 3° of Article L. 722-5. » ;
7° Article L. 732-39 is amended as follows:
(a) In the fourth paragraph, the reference: "second paragraph" is replaced by the reference: "2° of the I" and the reference: "to article L. 312-6" is replaced by the reference: "at 1° of the same I";
(b) The penultimate paragraph is thus written:
"The order referred to in section L. 722-5-1 shall, within the maximum limit of two-fifths of the minimum subject area, determine the extent to which a farmer is authorized to continue the operation or development without it obstructing the service of old-age insurance benefits liquidated by a mandatory plan. »
The 2nd of Article L. 722-2 of the same code is supplemented by the words: "including the work of landscape masonry necessary for the execution of the previous work".
I.-Article L. 311-2 of the same code is as follows:
"Art. L. 311-2.-A register of agricultural assets shall be maintained in accordance with the conditions set out in the decree, in which all agricultural chiefs of operations shall meet the following criteria:
« 1° It operates deemed agricultural activities within the meaning of section L. 311-1, with the exception of marine crops and forest activities;
« 2° It is indebted to the contribution due to the insurance against industrial accidents and occupational diseases, referred to in Article L. 752-1, or it falls within 8° or 9° of Article L. 722-20 and holds, directly or indirectly, the majority of the corporation's social capital.
"The information contained in this register is grouped within a database administered by the Permanent Assembly of the Chambers of Agriculture referred to in Article L. 513-1. In order to supply this database, the agricultural social mutuality funds referred to in Article L. 723-1 as well as the formalities centres of the enterprises of the agricultural chambers provide the necessary information that they own or that they process because of their competence. Agricultural social mutuality funds remain owners and responsible for the information they transmit and are responsible for updating and correcting them if necessary. The formalities centers of the companies of the agricultural chambers are responsible for the delivery of the data communicated to them by the farmers. Registration in the register of persons meeting the criteria mentioned in the first paragraph of this section is automatic.
"The Permanent Assembly of the Chambers of Agriculture transmits to the administrative authority the list of persons registered in the register of agricultural assets.
"A decree in the Council of State may limit the benefit of certain public aids to natural persons registered in the register of agricultural assets or to legal persons in which such persons exercise their activity.
"Any person registered in the agricultural asset register who applies to the company formalities centre in the Agriculture Chamber is issued a free certificate of registration in this register.
"A decree, taken after the advice of the National Commission on Informatics and Freedoms, specifies the conditions for the application of this article.
"The Permanent Assembly of the Chambers of Agriculture prepares an annual report on the contents of the agricultural asset register. »
II.-Section L. 341-2 of the same code is repealed.
III.-The second paragraph of Article L. 912-7-1 of the same code is as follows:
"-a register of registration of conchyliculture companies, composed from the mandatory declaration of any natural or legal person carrying out activities of marine cultures, which mentions, inter alia, the legal form and consistency of the farm(s) on which the activities are carried out; "
I.-Chapter I of Book VII title VI of the same code is supplemented by a section 3 as follows:
“Section 3
"Advanced withdrawal for the sustainability of agricultural workers and non-salaries
"Art. L. 761-22.-Les Articles L. 351-1-4 of the Social Security Code and L. 732-18-3 of this Code are applicable in the departments of Bas-Rhin, Haut-Rhin and Moselle.
"For the assessment of permanent physical incapacity, it is applied to articles L. 761-16 and L. 761-21.
"The terms and conditions of application of this article shall be determined by decree.
"Art. L. 761-23.-A contribution covering the additional expenses resulting from retirements at the age of the year Articles L. 351-1-4 of the Social Security Code and L. 732-18-3 of this Code is responsible for the local agricultural accident insurance scheme governed by the local social insurance code of 19 July 1911 applicable in the departments of Lower Rhine, Upper Rhine and Moselle.
"Art. L. 761-24.-An agreement between the Central Fund for Agricultural Social Mutuality and the Agricultural Accident Insurance Funds of the departments of Bas-Rhin, Haut-Rhin and Moselle determines the financial relations necessary for the payment of the contribution referred to in Article L. 761-23. »
II.-In light of the specificity of work in the forest, within one year of the publication of this Act, social partners negotiate a collective agreement providing for the terms and conditions under which employees performing work referred to in this ActArticle L. 154-1 of the Forest Code From the age of fifty-five, an early cessation of activity benefit.
After chapter II of title I of Book VII of the Rural Code and Maritime Fisheries, a chapter II bis is inserted as follows:
“Chapter II bis
« Title emploi-service agricole
"Art. L. 712-2. - Any company, except those mentioned in the articles L. 1251-42 and L. 1252-1 the Labour Code, whose employees are governed by the agricultural wage system and meet the conditions set out in Article L. 712-3 of this Code may join a service to assist in the fulfilment of its social obligations, called “Titre emploi-service agricole” and proposed by the farm social mutuality funds.
"Art. L. 712-3. - The title employment-agricultural service can only be used in metropolitan France and by companies:
« 1° The staff member does not exceed twenty employees with an indefinite contract;
« 2° Or who, regardless of their workforce, employ, within one hundred and nineteen consecutive or non-consequential days, employed employees in the activities or establishments mentioned in 1° to 3° and 6° of Article L. 722-20. When the company's workforce exceeds the threshold mentioned in 1° of this section, the agricultural employment-service service may be used only in respect of those employees.
"Art. L. 712-4. - The use of employment-agricultural service service allows the company to:
« 1° To obtain the calculation of wages due to employees, taking into account the provisions of the collective agreements applicable to the occupational sector concerned, as well as all the contributions and contributions created by law and the mandatory or non-binding treaty contributions and contributions;
« 2° Under the conditions mentioned in the articles L. 133-5 and L. 133-5-3 the Social Security Code, the social declarations that must be addressed to the various bodies responsible for the management of a compulsory or supplementary social security regime, to the leave funds mentioned in theArticle L. 3141-30 of the Labour Code and to the institution referred to in Article L. 5312-1 of the same code.
"Art. L. 712-5. - Based on information collected from the company, the farm social mutuality funds issue to the employee a payroll which is deemed to meet the conditions set out in theArticle L. 3243-2 of the Labour Code.
"Art. L. 712-6. - The employer who uses the title employment-agricultural service is deemed to satisfy, by handing over to the employee and sending to the agricultural social mutuality fund the elements of the job title which are intended for them, the following formalities:
« 1° Rules relating to the establishment of a contract of employment, under the conditions provided for in theArticle L. 1221-1 of the Labour Code ;
« 2° The pre-employment declaration provided for in Article L. 1221-10 of the same code;
« 3° The issuance of a work certificate under Article L. 1234-19 of the said Code;
« 4° The establishment of a written contract under the conditions and deadlines set out in sections L. 1242-12, L. 1242-13 and L. 3123-14 of the same code.
"Art. L. 712-7. - The employer who uses the title employment-agricultural service may issue a warrant to a third party to carry out the related formalities.
"Art. L. 712-8. - The effective date that may not be after July 1, 2016 and the terms of application of this chapter shall be determined by decree. »
Within one year of the promulgation of this Act, the Government shall submit to Parliament a report examining the possibilities and the opportunity to ascribe to the agricultural social regime persons engaged in social reception activities that support the operation.
I. - After Article L. 111-2-1 of the Rural and Maritime Fisheries Code, an article L. 111-2-2 is inserted as follows:
"Art. L. 111-2-2. - The territorial food projects referred to in Article L. 1 III are developed in a concerted manner with all actors in a territory and meet the objective of structuring the agricultural economy and implementing a territorial food system. They participate in the consolidation of territorialized sectors and in the development of consumption of products from short circuits, particularly in the field of organic production.
"At the initiative of the State and its public institutions, territorial authorities, associations, groups of economic and environmental interest defined in Article L. 315-1, farmers and other actors of the territory, they meet the objectives defined in the regional plan of sustainable agriculture and are formalized in the form of a contract between committed partners.
"They rely on a shared diagnosis of agriculture and food on the territory and the definition of operational actions for the realization of the project.
"They can mobilize public and private funds. They can also generate their own resources. »
II. - At the end of the second sentence of Article L. 111-5 of the same code, the reference: "to Article L. 230-1" is replaced by the reference: "to the III of Article L. 1".
III. - Section L. 230-1 of the same code is repealed.
IV. - In the first paragraph of Article L. 541-1 of the Consumer Code, the reference "L. 230-1" is replaced by the reference "L. 1".
V. - In the last paragraph of Article L. 3231-1 of the Public Health Code, the reference: "to Article L. 230-1" is replaced by the reference: "to Article L. 1 III".
After Section 9 of Chapter II of Title I of Book III of Part II of the Education Code, a section 9 bis is inserted as follows:
“Section 9 bis
"Food education
"Art. L. 312-17-3. - Food information and education, consistent with the national nutrition and health programme guidance referred to inArticle L. 3231-1 of the Public Health Code and the national food programme referred to in Article L. 1 of the Rural and Maritime Fisheries Code, are provided in schools, within the framework of the teachings or territorial educational project referred to in Article L. 551-1 of this Code. »
I. - Book II of the Rural and Maritime Fisheries Code is amended as follows:
1° Article L. 201-2 is supplemented by a paragraph as follows:
"People who exercise or organize the exercise of the right to hunt shall be subject to the requirements of this book. » ;
2° Section L. 201-4 is amended as follows:
(a) At 2°, after the word: "custody," are inserted the words: "moving animals,"
(b) It is added a 4° as follows:
"4° Imposition to the persons mentioned in the last paragraph of Article L. 201-2 of the specific control measures adapted to these hazards and the wild nature of the animals in the territories on which they organize the hunting exercise or on which they exercise their right to hunt. » ;
3° In the first paragraph of Article L. 201-7, the reference: "in the last paragraph" is replaced by the references: "in the last two paragraphs" and the word "phytosanitary" is replaced by the word "health";
4° In Article L. 201-8, after the word: "plants", the words are inserted: "and the persons mentioned in the last paragraph of Article L. 201-2";
5° Sub-section 2 of chapter II, section 2 of title I is amended to read:
(a) The title is thus written: "Identification of equinees and camelids";
(b) The first paragraph of Article L. 212-9 is amended as follows:
- in the first and last sentences, after the word "equidated", are inserted the words: "and camelids";
- in the second sentence, after the word "equided", are inserted the words: "or a camelid";
6° Section 1 of Chapter IV of Title I is supplemented by an article L. 214-5 as re-established:
"Art. L. 214-5. - The Minister for Agriculture may designate national reference centres for animal well-being, which include providing technical expertise and contributing to the dissemination of research results and technical innovations. » ;
7° In the third paragraph of Article L. 221-4, after the words: "the animal" are inserted the words: "or, for equine, allowing the identity of the animal to be established."
8° Article L. 221-5 is supplemented by a paragraph as follows:
"- officials and non-registered officers of the National Office for Hunting and Wildlife for wildlife animals. » ;
9° Article L. 223-4 is as follows:
"Art. L. 223-4. - Owners or holders of animals are required to carry out or carry out the prevention, monitoring and control measures imposed by the regulations in respect of first-class health hazards and second-class health hazards regulated.
"The persons referred to in the last paragraph of section L. 201-2 are required, with respect to wildlife or game species authorized to hunt, to carry out or carry out the measures for the prevention, monitoring and control that the regulations impose on them with respect to the health hazards of the first class and sanitary hazards of the second class under regulation.
"In the event of a deficiency or refusal, these operations may be carried out ex officio, at the expense of the concerned, by the administrative authority. » ;
10° After the first sentence of the first paragraph of Article L. 223-5 are inserted two sentences as follows:
"For game species authorized to hunt, this statement is the responsibility of the hunter or the hunter. For wildlife species in protected natural areas, this declaration is made by the owner or manager of the territories concerned. » ;
11° After the article L. 223-6-1, an article L. 223-6-2 is inserted as follows:
"Art. L. 223-6-2. - To prevent first-class health hazards and second-class health hazards regulated, the administrative authority may take the following measures:
"1° Order, on any property, hunts and beatings intended to reduce populations of wildlife, in the conditions provided for in theArticle L. 427-6 of the Environmental Code ;
« 2° Prohibit, on the territories and for the duration it determines, the feeding of animals of wild fauna, taking into account the provisions of the departmental schematics of cyngetic management;
« 3° Imposition to any person who sees the death of wildlife animals under abnormal conditions that suspect the occurrence of diseases to report it promptly to the mayor or a health veterinarian. » ;
12° Article L. 223-8 is amended as follows:
(a) At 7°, after the word "sale", are inserted the words: "or to yield";
(b) After 9°, three sub-items are inserted:
« 10° Limitation or prohibition of hunting, modification of hunting, cynégétic and authorized maximum sampling plans or destruction or removal of wildlife animals, subject to sections L. 411-1 and L. 411-2 of the Environmental Code;
« 11° Disinfection, development or implementation of specific modalities for the maintenance of plant cover and areas frequented by sensitive wildlife, without prejudice to the allocation of public assistance.
"The measures set out in 10° and 11° apply to persons referred to in the last paragraph of Article L. 201-2 of this Code. » ;
(c) In the fourteenth paragraph, the reference: "9°" is replaced by the reference: "11°".
II. - Title II of Book IV of the Environmental Code is amended as follows:
1° Article L. 421-5 is amended as follows:
(a) After the fourth preambular paragraph, a sub-item reads as follows:
"They also carry out actions to monitor health hazards involving game play as well as actions to prevent the spread of health hazards between game species, domestic animals and man. » ;
(b) After the fifth preambular paragraph, a sub-item reads as follows:
"They contribute, at the request of the prefect, to the execution of prefectoral orders authorizing sampling. They act in this framework in collaboration with their members. » ;
2° The last sentence of Article L. 425-1 is as follows:
"It is approved, after the advice of the competent departmental commission on hunting or wildlife, by the prefect, which checks in particular that it is compatible with the principles set out in Article L. 420-1 and the provisions of Article L. 425-4 of this Code and takes into account the regional health hazard control scheme defined in Article L. 425-4Article L. 201-12 of the Rural and Maritime Fisheries Code.
3° Article L. 425-2 is supplemented by a 6° as follows:
« 6° Provisions to monitor health hazards in game species and to participate in the prevention of the spread of health hazards between game species, domestic animals and man. »
Article L. 213-1 of the Rural and Maritime Fisheries Code is amended as follows:
1° References: "Articles L. 211-1 to L. 211-15" are replaced by references: "Articles L. 211-1 to L. 211-6, L. 211-8 to L. 211-15";
2° It is added a paragraph to read:
"The presumption under section L. 211-7 of the same code is not applicable to sales or exchanges of domestic animals. »
The first paragraph of Article L. 426-3 of the Environmental Code is amended as follows:
1° After the first sentence is inserted a sentence as follows:
"A specific threshold, below this minimum threshold, can be set for a meadow crop. » ;
2° In the second sentence, the words "this threshold" are replaced by the words "the thresholds".
I. - Article L. 427-6 of the same code is supplemented by a paragraph as follows:
"For the application of the first paragraph to the wolf, it is recognized, as long as a proven attack occurs on livestock, whether it is caused by a single animal or a pack. In this case, the prefect shall promptly issue to each of the relevant breeders or shepherds an authorization to draw the wolf valid for a period of six months. »
II. - The removal of wolves is allowed in reinforced protection areas.
A reinforced protection area is defined by pre-fectoral order, for a maximum of one year when significant damages resulting in large-scale disturbance to livestock are observed, despite protective measures that could ensure a balance between economic and social interests and environmental protection.
A specific destruction ceiling is determined for each of the reinforced protection areas, in accordance with a national ceiling.
Reinforced areas of protection against wolf cannot adversely affect the retention of this species in a favourable state of conservation in the national territory.
I.- Title III of Book II of the Rural and Maritime Fisheries Code is amended as follows:
1° Part II of Article L. 231-1 is supplemented by a paragraph as follows:
"The results of the controls carried out pursuant to the national multi-year official control plan are made public on a regulatory basis. » ;
2° Article L. 233-1 is as follows:
"Art. L. 233-1.-I.-Where, as a result of a breach of section L. 231-1 or of the regulations made for its application, an establishment present or is likely to pose a threat to public health, the officers authorized under section L. 231-2 may still require the operator to carry out, within such time as they determine, the work, cleaning operations, other personnel training actions required
"The operator is invited to submit its written or oral comments within the time limit provided to the operator upon receipt of the stay, if any, by being assisted by a board of its choice or by being represented. In the event of an emergency and to prevent serious and imminent dangers to public health, the administrative authority may order the immediate closure of all or part of the institution or the immediate cessation of one or more of its activities until the measures permitting the reopening of the institution or the resumption of activities without risk to public health.
"A decision made pursuant to this I may enjoin the operator of the establishment to display, in a place visible from the outside, the whole or an extract of that decision.
"II.-If, upon expiry of the time limit set by the implementation, the operator has not implemented the prescribed measures, the administrative authority may:
« 1° Obligate the operator to record in the hands of a public accountant an amount corresponding to the amount of the prescribed corrective actions, which is returned to the operator as they are executed. The recovery of this amount as in respect of foreign tax and domain claims is carried out. For the recovery of this sum, the State enjoys a privilege of the same rank as that provided for in theArticle 1920 of the General Tax Code ;
« 2° Permit, at the operator's expense, to carry out prescribed corrective actions. The amounts recorded pursuant to 1° of this II may be used to pay the expenses incurred by executing the prescribed measures on an ex officio basis;
« 3° If the time limit for carrying out prescribed measures cannot be extended without risk to public health, order the closure of any or all of the establishment or the termination of one or more activities until the prescribed measures are completed.
"With the exception of an emergency, the measures provided for in this II shall be taken after the operator has been able to make representations within a specified time limit, if any, by being assisted by counsel of his or her choice or by being represented.
"III.-The opposition, before the administrative judge, to the enforceable state taken under an order of consignation ordered by the administrative authority, has no suspensive character. » ;
3° Article L. 235-2 is as follows:
"Art. 235-2.-I.-Where, as a result of a failure to comply with the animal feed regulations for the purposes of this title, an establishment present or is likely to pose a threat to public health, the officers authorized under section L. 231-2 may still require the operator to carry out, within a specified time, the work, the necessary cleaning operations, the actions of training of personnel and other measures
"The operator is invited to submit its written or oral comments within the time limit provided to the operator upon receipt of the stay, if any, by being assisted by a board of its choice or by being represented. In the event of an emergency and to prevent serious and imminent dangers to public health, the prefect may order the immediate closure of all or part of the institution or the immediate cessation of one or more of its activities until the measures permitting the reopening of the institution or the resumption of activities without risk to public health.
"A decision made pursuant to this I may enjoin the operator of the establishment to display, in a place visible from the outside, the whole or an extract of that decision.
"II.-If, upon expiry of the time limit set by the implementation, the operator has not implemented the prescribed measures, the prefect may:
« 1° Obligate the operator to record in the hands of a public accountant an amount corresponding to the amount of the prescribed corrective actions, which is returned to the operator as they are executed. The recovery of this amount as in respect of foreign tax and domain claims is carried out. For the recovery of this sum, the State enjoys a privilege of the same rank as that provided for in theArticle 1920 of the General Tax Code ;
« 2° Permit, at the operator's expense, to carry out prescribed corrective actions. The amounts recorded pursuant to 1° of this II may be used to pay the expenses incurred by executing the prescribed measures on an ex officio basis;
« 3° If the time limit for carrying out prescribed measures cannot be extended without risk to public health, order the closure of any or all of the establishment or the termination of one or more activities until the prescribed measures are completed.
"With the exception of an emergency, the measures provided for in this II shall be taken after the operator has been able to make representations within a specified time limit, if any, by being assisted by counsel of his or her choice or by being represented.
"III.-The opposition, before the administrative judge, to the enforceable state taken under an order of consignation ordered by the administrative authority, has no suspensive character. »
II.-The 1st of this article comes into force from the publication of the decree referred to in last paragraph of Article L. 231-1 of the Rural and Maritime Fisheries Code, in its writing resulting from this article and, no later than 1 January 2016. Where applicable, the development of the provisions of this decree is preceded by an experiment.
The departmental laboratories of analyses of general councils participate in the public health security policy of France.
The conditions for the execution of public service missions to which they are charged are specified by regulation.
I.-Article L. 243-3 of the Rural and Maritime Fisheries Code is amended as follows:
1° After the word: « assignments », the end of the 3° is deleted;
2° It is added a 13° as follows:
« 13° Beekeeping technicians, justifying appropriate skills defined by decree, acting under the authority and responsibility of a veterinarian for acts specified by order. »
II.- Agents authorized under the 3° of Article L. 243-3 of the Rural and Maritime Fisheries Code, in its writing prior to the coming into force of this Act, are deemed to have the appropriate powers referred to in 13° of the same section L. 243-3, in its version resulting from this Act, up to a date fixed by the decree it provides and no later than 31 December 2017.
I.-Book I of Part 5 of the Public Health Code is amended as follows:
1° After L. 5141-13, articles L. 5141-13-1 and L. 5141-13-2 are inserted as follows:
"Art. L. 5141-13-1.-Est prohibits the fact, for professionals referred to in Article L. 5143-2 and the groupings referred to in Article L. 5143-6, for registered users referred to in Article L. 5143-3, for manufacturers and distributors of medicines, as well as for associations representing them, to receive benefits in kind or in cash, in any form referred to by direct article, in a form referred to in It is also prohibited that these companies propose or procure these benefits.
"The first paragraph of this section also applies to students destining themselves to the professions of veterinary or pharmacist and to the associations representing them.
"However, the first paragraph does not apply to the benefits provided by agreements between the professionals referred to in Article L. 5143-2, the veterinarians and pharmacists referred to in Article L. 5143-8 and the companies referred to in Article L. 5142-1, provided that these conventions are expressly and for the real purpose of the research or scientific assessment activities and that they are, prior to their application, subject to the application, It does not apply to the benefits provided by the agreements between students destining themselves to the professions referred to in Article L. 5143-2 and the companies referred to in Article L. 5142-1 when these conventions are for the purpose of research activities in the preparation of a diploma.
"It also does not apply to the offered hospitality, either directly or indirectly, at promotional events or at events of a purely professional and scientific nature when it is provided by a convention passed between the companies referred to in Article L. 5142-1, the professionals referred to in Article L. 5143-2 and the veterinarians and pharmacists referred to in Article L. 5143-8 and submitted for advice to the board of the relevant meeting The same applies to students who are destined to the professions referred to in Article L. 5143-2, for hospitality offered, in a direct or indirect manner, at scientific events in which they participate, as long as this hospitality is of a reasonable and limited level to the main object of the event.
"A decree in the Council of State determines the modalities for the application of this article. In particular, the Committee specifies the modalities for the transmission of these conventions and the deadlines for action by the competent authorities. If they issue an unfavourable notice, the company shall forward this notice to the professionals referred to in Article L. 5143-2 or to the groupings referred to in Article L. 5143-6, prior to the implementation of the agreement. If there is no response from the ordinal authorities within the time limit, the notice is deemed favourable. The company is required to notify the competent ordinal proceeding if the agreement has been implemented.
"Art. L. 5141-13-2.-I.-Business that produces or markets veterinary drugs or provides benefits associated with these products is required to make public the existence of the conventions they enter into with:
« 1° The professionals mentioned in article L. 5143-2 and the groups mentioned in article L. 5143-6, as well as the associations representing them;
« 2° Students interested in the veterinary profession or pharmacist profession, as well as the associations representing them;
« 3° higher education institutions providing training of veterinarians;
« 4° Higher education institutions providing pharmacists training;
« 5° foundations, scholarly societies and consulting companies or organizations involved in the product or benefit sector referred to in the first paragraph of this I;
« 6° News publishers, radio and television service publishers and online public communication services publishers;
« 7° Legal persons other than those mentioned in 3° and 4° of this I providing the initial or continuing training of professionals referred to in Article L. 5143-2 and groups referred to in Article L. 5143-6 or participating in this training;
« 8° Software editors help with prescription and delivery of the drug.
"II.-The companies referred to in I shall inform the public of the existence of one of these conventions that is the recipient of training or training in accordance with this Convention.
"III.-They make public, beyond a threshold set by decree, all the benefits in kind or in cash that they provide, directly or indirectly, to the natural and legal persons mentioned in I.
"IV.-A decree in the Council of State sets out the conditions for the application of this article, the nature of the information that must be made public, including the object and date of the conventions mentioned in I, the conditions for ensuring respect for the secrecy of cases and the confidentiality of research or scientific assessment, as well as the deadlines and modalities for the publication and updating of such information. » ;
2° After Article L. 5141-14, articles L. 5141-14-1 to L. 5141-14-4 are inserted as follows:
"Art. L. 5141-14-1.-I.-The companies referred to in Article L. 5142-1 shall declare to the competent administrative authority the veterinary drugs with one or more antibiotic substances that they cede. Manufacturers and distributors of medicines also mention the prescriptor veterinarian and the holders of animals to which these drugs are intended.
"II.-Professionals referred to in Article L. 5143-2 declare to the administrative authority the veterinary drugs with one or more antibiotic substances that they cede as well as the human-use drugs used under Article L. 5143-4. The statement mentions the identity of the animal owners to whom these drugs are intended, belonging to species whose flesh or products are intended for human consumption. The statement mentions the prescriptor veterinarian.
"Art. L. 5141-14-2.-On the occasion of the sale of veterinary drugs containing one or more antibiotic substances, discounts, discounts, discounts, discounts, differentiation of general and particular conditions of sale within the meaning of I of Article L. 441-6 of the Commercial Code or the delivery of free units and all equivalent practices are prohibited. Any commercial practice aimed at circumventing, directly or indirectly, this prohibition by awarding discounts, discounts or discounts on another range of products that would be related to the purchase of these drugs is prohibited.
"The conclusion of commercial cooperation contracts, within the meaning of 2° I of Article L. 441-7 of the same code, relating to veterinary drugs with one or more antibiotic substances is prohibited and, when such contracts are concluded, they are null and void.
"Art. L. 5141-14-3.-The use of veterinary medicine to drugs containing one or more antibiotic substances is carried out in accordance with recommendations of good employment practice to prevent the development of the risks to human and animal health related to antibioresistance, established, on the proposal of the National Agency for Health Safety of Food, Environment and Labour and after the advice of the National Agency for Health of the Medicine and Products
"Art. L. 5141-14-4.-I.-Any breach of the prohibitions provided for in the first paragraph of section L. 5141-14-2 is liable to an administrative fine, the amount of which cannot exceed 15,000 € for a natural person and 75,000 € for a legal person.
"II.-The amount of the fine referred to in I of this article is doubled in the event of a reiteration of the breach within two years of the date on which the first sanction decision became final.
"This fine may be accompanied by a daily violation of a maximum amount of €1,000 when the perpetrator of the offence has not terminated the failure after a time limit set by a stay.
"III.-The competent administrative authority shall notify the author beforehand of the failure of the facts against him to comply with the provisions he has breached and the penalties he has imposed. She informs him of the time available to make his written submissions and, where appropriate, the terms and conditions under which he may be heard if he so requests. She informs her of her right to be assisted by the advice of her choice.
"The decision to sanction cannot be taken more than a year from the facts. It may be the subject of a full jurisdiction appeal before the administrative court. » ;
3° Article L. 5141-16 is amended as follows:
(a) The 6th is supplemented by the words: "and those applicable to studies on veterinary drugs already benefiting from a marketing authorization";
(b) Before the last paragraph, are inserted from 17° and 18° as follows:
« 17° The competent administrative authority referred to in Article L. 5141-14-1, as well as the data referred to in the declaration referred to in the same article, the periodicity and modalities of their transmission;
« 18° Restrictions that may be made to the prescription and delivery of certain drugs, taking into account the particular risks they pose to public health. » ;
4° Article L. 5145-6 is supplemented by a 6° as follows:
« 6° Either where the information referred to in Article L. 5141-14-1 concerning the wholesale and retail sale and distribution of drugs containing one or more antibiotic substances is not transmitted to it. » ;
5° After the article L. 5142-6, articles L. 5142-6-1 and L. 5142-6-2 are inserted as follows:
"Art. L. 5142-6-1.-People who make information by demarcation or prospecting for veterinary drugs, including medicines, are required to meet the qualification conditions defined by decree, which ensure that they have sufficient scientific knowledge.
"Employers of the persons mentioned in the first paragraph also ensure the updating of their knowledge.
"They are obliged to give them instructions to report to the company all information relating to the use of veterinary drugs, including medicines, which they provide advertising, in particular the adverse effects that are brought to their knowledge by the people visited.
"Art. L. 5142-6-2.-By derogation from the first paragraph of Article L. 5142-6-1, may also carry out the activities defined in the same first paragraph:
« 1° Persons engaged in such activities for at least three years in the ten years preceding the publication of the Act No. 2014-1170 of 13 October 2014 the future for agriculture, food and forest;
« 2° Persons other than those mentioned in the 1st who carried out these activities on the date of publication of the same Act, provided that, within four years of the same date, the conditions set out in the first paragraph of Article L. 5142-6-1 or under the conditions of training defined by the administrative authority are met. » ;
6° The last paragraph of section L. 5143-2 is replaced by three paragraphs as follows:
"This article is not applicable to detention for assignment to users or to the provision of details, free of charge or expensive:
“(a) Pest control products intended for the external treatment of pets, with the exception of those subject to mandatory prescription of a veterinarian under section L. 5143-5 or whose marketing authorization indicates, pursuant to section L. 5141-5, that they are not to be applied in the condition on the animal;
“(b) Veterinary medicines for aquarium fish and accreditation basins, with the exception of those that are subject to mandatory prescription of a veterinarian under section L. 5143-5. » ;
7° After the first sentence of the second paragraph of Article L. 5143-6, a sentence is inserted as follows:
"This list cannot include antibiotics. » ;
8° After the g of Article L. 5144-1, it is inserted a paragraph as follows:
"A joint decision of Ministers responsible for agriculture and health sets out the list of products mentioned in f and g."
9° After L. 5144-1, an article L. 5144-1-1 is inserted as follows:
"Art. L. 5144-1-1.-Critical substances of critical importance are those whose efficacy must be primarily preserved in the interests of human and animal health, the list of which is set by order of ministers responsible for agriculture and health, following the advice of the National Health Safety Agency for Food, Environment and Labour and the National Health Agency of the drug and health products. »
II.-Book IV of the fifth part of the same code is amended as follows:
1° Article L. 5442-10 is as follows:
"Art. L. 5442-10.-I.-Est punished by two years imprisonment and 150,000 € fine:
« 1° The fact for any person to prescribe veterinary medicines in breach of the obligations set out in articles L. 5143-2, L. 5143-5 and L. 5143-6 and the restrictions imposed under section L. 5141-16;
« 2° The fact for individuals and groupings referred to in articles L. 5143-2 and L. 5143-6 to issue medicines in unawareness of the obligations set out in articles L. 5143-2, L. 5143-5 and L. 5143-6 and the restrictions imposed under article L. 5141-16;
« 3° For an animal owner or professional owner, act to circumvent the obligations set out in sections L. 5143-2, L. 5143-5 and L. 5143-6 and the restrictions imposed under section L. 5141-16, with a view to obtaining veterinary drugs;
« 4° The fact, for persons authorized to prescribe or issue veterinary drugs, is to form an agreement to obtain benefits, of any kind, to the detriment of the holder of animals or third parties.
"II.-Is punishable by five years' imprisonment and a fine of €375,000 for any person not to comply with the conditions of importation, manufacture, acquisition, detention, issuance, sale or sale of substances referred to in Article L. 5144-1, as set out in Articles L. 5144-1 to L. 5144-3.
"The penalties are increased to seven years' imprisonment and to 750,000 € when:
« 1° The offences referred to in the first paragraph of this II were committed by manufacturers, importers, distributors of the substances referred to in Article L. 5144-1, health professionals defined in Part IV of this Code or veterinarians;
« 2° These same offences were committed in organized gangs;
« 3° The offences of sale or sale for free of charge referred to in the first paragraph of this II were committed on a telecommunications network to an unspecified public. » ;
2° Section L. 5442-11 is replaced by sections L. 5442-11 to L. 5442-14 as follows:
"Art. L. 5442-11.-Est punished by three years in prison and 45,000 € in fine:
« 1° administering to an animal a medicinal premix in breach of section L. 5141-11;
« 2° To issue a medicinal premix to a person other than an establishment authorized under section L. 5142-2 for the manufacture of medicinal foods or a breeder for the extemporaneous preparation of drug products under the conditions specified in section L. 5143-3.
"Art. L. 5442-12.-I.-East is punishable by €37,500 in fines, for companies referred to in L. 5142-1, to propose or provide benefits, in kind or in cash, to professionals referred to in L. 5143-2, to groups referred to in L. 5143-6, to registered users referred to in L. 5143-3, to food manufacturers and distributors.
"II.-The fact, for professionals referred to in Article L. 5143-2, the groupings referred to in Article L. 5143-6, the registered users mentioned in Article L. 5143-3, the manufacturers and distributors of drug products, as well as the associations representing them, is to receive, in ignorance of Article L. 5141-13-1, benefits in kind or in cash,
"When these acts are committed in a state of legal recidivism under the conditions set out in theArticle 132-10 of the Criminal Code, they are punished by six months in prison and 9 000 € in fine.
"People may be sentenced, as a supplementary penalty, to the prohibition of the practice of pharmacist or veterinarian for a period of not more than 10 years.
"III.-The legal persons convicted of the offences provided for in I and II of this article shall be liable to the penalties prescribed in 2° to 5° and 9° of Article 131-39 of the Criminal Code.
"Art. L. 5442-13.-Est punishable by 45,000 € to fine the fact for companies producing or marketing veterinary drugs or providing benefits associated with these products not to make public the conventions referred to in I of Article L. 5141-13-2 concluded with the natural and legal persons mentioned in the same I, as well as the advantages mentioned in III of the same article they provide.
"Art. L. 5442-14.-The manufacture, distribution, advertising, offer of sale, sale, import and export of falsified medicines defined in article L. 5111-3 for veterinary use shall be punished by five years imprisonment and by a fine of €375,000. These sentences are extended to seven years imprisonment and 750,000 € fine when:
« 1° The falsified drug is dangerous for the health of the animal or man or for the environment;
« 2° The offences provided for in the first paragraph of this article were committed by veterinary pharmaceutical establishments authorized under Article L. 5142-2, professionals referred to in Article L. 5143-2 or groups referred to in Article L. 5143-6;
« 3° These same offences were committed in organized gangs;
« 4° Offences of advertising, offer of sale or sale of falsified drugs were committed on a telecommunications network to an unspecified public. »
III.- Contracts entered into prior to the effective date of this Act and falling under sections L. 441-6 and L. 441-7 the Commercial Code is in compliance with section L. 5141-14-2 of the Public Health Code by December 31, 2014. After that date, the terms of contracts contrary to the provisions of the same section are deemed to be unwritten.
To allow, by December 31, 2016, a 25% reduction in the use of antibiotics in each of the three families of fluoroquinolones and third and fourth-generation cephalosporins, all actors are sensitized to the risks associated with antibiotic resistance; good farming practices and good practices of prescription and use of these substances are preferred, as well as the development of alternatives to avoid the use of them. At the end of this period, a reduction assessment is carried out and a new objective is defined.
I.-The title V of Book II of the Rural and Maritime Fisheries Code is amended as follows:
1° Article L. 251-8 is read as follows:
"II.-In the absence of a ministerial order, the measures mentioned in I may be taken by order of the prefect of the region. » ;
2° At the beginning of the first paragraph of Article L. 251-9, the words are added: "Without emergencies,"
3° Section L. 253-1 is amended as follows:
(a) The second paragraph reads as follows:
"Unfortunate natural preparation is composed exclusively of basic substances, as defined in Article 23 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, of 21 October 2009, concerning the placing on the market of phytopharmaceutical products and repealing Directives 79/117/ EEC and 91/414/ EEC of the Council, namely natural substances for biostimulant use. It is obtained by a process accessible to any end user. Biostimulant natural substances are permitted under a regulatory procedure. » ;
(b) It is added a paragraph to read:
"The deadlines for the evaluation and authorization to market biocontrol products mentioned in Article L. 253-6 are set by decree in the Council of State. » ;
4° Article L. 253-5 is as follows:
"Art. L. 253-5.-Any commercial advertisement is prohibited for products referred to in Article L. 253-1, except for biocontrol products on a list prepared by the administrative authority.
"By derogation from the first paragraph of this article, advertising to professional users of the products referred to in Article L. 253-1 is authorized in the distribution points of products to these users and in the publications intended for them.
"A decree defines the conditions under which advertising inserts are presented. These advertisements highlight the principles of integrated struggle, good practices in the use and application of products for the protection of human and animal health and the environment, and potential dangers to human and animal health and the environment. » ;
5° After the first paragraph of Article L. 253-6, three paragraphs are inserted as follows:
"The plan provides measures for the development of biocontrol products, which are agents and products using natural mechanisms in the context of the integrated fight against crop enemies. They include in particular:
« 1° The macro-organisms;
« 2° Phytopharmaceuticals including micro-organisms, chemical mediators such as pheromones and kairomones and natural substances of plant, animal or mineral origin. » ;
6° Section 6 of chapter III is amended as follows:
(a) The title is supplemented by the words: "and monitoring";
(b) An article L. 253-8-1 is added as follows:
"Art. L. 253-8-1.-In addition to the biological monitoring of the territory provided for in Article L. 251-1, the administrative authority shall ensure that a device for the monitoring of the adverse effects of phytopharmaceutical products on humans, livestock, including domestic bees, on cultivated plants, on biodiversity, on wild fauna, on water and soil, on the quality of food produced This monitoring system, known as phytopharmacovigilance, takes into account, inter alia, the health monitoring devices of persons and workers provided by the Public Health Code and Labour code and environmental monitoring devices. It applies without prejudice to the specific monitoring requests contained in the product marketing authorization decision.
"The holders of the marketing authorization shall communicate to the bodies designated by the administrative authority the information they have regarding an incident, accident or adverse effect of this product on the human being, on the treated plants, on the environment or on the health safety of the foodstuffs or feeds derived from the plants to which this product has been applied, or relating to a decrease in the effectiveness of this product, in particular as a result of the onset of resistance. Manufacturers, importers, distributors or professional users of a phytopharmaceutical product, as well as advisors and trainers of users of phytopharmaceutical products, are also required to communicate to these designated bodies any information of the same nature they have.
"Organisms participating in phytopharmacovigilance, in particular the bodies designated by the administrative authority pursuant to the second paragraph, shall transmit to the National Food, Environment and Labour Safety Agency the information they have under the first two paragraphs.
"For the purposes of this Article, the potentially harmful or potentially unacceptable effects referred to in Article 56, paragraph 1, of Regulation (EC) No. 1107/2009 of the European Parliament and of the Council, of 21 October 2009, concerning the marketing of phytopharmaceutical products and repealing Council Directives 79/117/EC and 91/414/ EEC.
"A decree in the Council of State specifies the modalities for the designation of the bodies to which the information is addressed, their obligations and the modalities for the transmission of information and the content of it. » ;
7° The second sentence of the second paragraph of Article L. 253-14 becomes the last paragraph and the words: "These officers" are replaced by the words: "the agents mentioned in the first two paragraphs";
8° At 2° of the article L. 253-16, the words: "TV, broadcast and outdoor display of a product referred to in section L. 253-1, apart from distribution points" are replaced by the words: "as well as the advertisement presented outside the distribution points and publications intended for professional users of the products referred to in article L. 253-1, with the exception of the list of the products shown in the article L. 253-1,
II.-After the 8th of the 4th of Article 38 of the Customs Code, it is inserted an 8° bis as follows:
"8° bis To phytopharmaceutical products mentioned in paragraph 1 of Article 2 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, of 21 October 2009, concerning the marketing of phytopharmaceutical products and repealing Directives 79/117/ EEC and 91/414/ EEC of the Council; "
The Public Health Code is amended to read:
1° After the eighth preambular paragraph of Article L. 1313-1, a sub-item reads as follows:
"It also exercises, for phytopharmaceutical products and adjuvants mentioned inArticle L. 253-1 of the Rural and Maritime Fisheries Code, missions relating to the issuance, modification and withdrawal of the various authorizations prior to the marketing and experimentation and, for the fertilizing materials and crop materials referred to in Article L. 255-1 of the same code, the missions relating to the authorizations referred to in the first paragraph of Article L. 255-2 of that Code. » ;
2° Article L. 1313-2 is supplemented by a sentence as follows:
"At his request, he is provided with the data, synthesis and statistics that are derived from it, but also with any information useful to their interpretation. » ;
3° After Article L. 1313-3, an article L. 1313-3-1 is inserted as follows:
"Art. L. 1313-3-1. - The National Health Safety Agency for Food, Environment and Labour prepares an annual report of activity to Parliament, which reports on its activity:
« 1° As part of its missions relating to phytopharmaceuticals, adjuvants and fertilizing materials and crop materials, as provided for in the ninth paragraph of Article L. 1313-1;
« 2° As part of its risk monitoring missions, notably within the framework of the phytopharmacovigilance system provided for in Article L. 253-8-1 of the Rural and Maritime Fisheries Code. » ;
4° Article L. 1313-5 is amended as follows:
(a) The second sentence is supplemented by the reference: "and the ninth paragraph of Article L. 1313-1";
(b) It is added a paragraph to read:
"The decisions made by the Director General under this section are not subject to any hierarchical appeal. However, the Minister for Agriculture may object, by reason of order, to a decision of the Director General and ask him to proceed, within thirty days, to a further review of the record as a basis for the decision. This opposition suspends the application of this decision. » ;
5° After Article L. 1313-6, an article L. 1313-6-1 is inserted as follows:
"Art. L. 1313-6-1. - A monitoring committee for marketing authorizations, composed under conditions established by decree, is formed within the agency.
"The Director General of the Agency may, prior to any decision, consult the Market Authorization Monitoring Committee on the conditions for the implementation of the marketing authorizations for phytopharmaceutical and adjuvant products referred to in theArticle L. 253-1 of the Rural and Maritime Fisheries Codeand fertilizing materials and materials of culture pursuant to the ninth paragraph of Article L. 1313-1 of this Code.
"The minutes of the meetings of the monitoring committee on marketing authorizations are made public. »
Article L. 250-2 of the Rural and Maritime Fisheries Code is supplemented by a 5° as follows:
« 5° The inspectors of the National Health Safety Agency for Food, Environment and Labour, with regard to the production, formulation, packaging and labelling of phytopharmaceutical products, adjuvants and fertilizing materials and crop materials. »
I.-Article L. 253-7 of the same code is amended as follows:
1° The first paragraph is as follows:
"Without prejudice to the missions entrusted to the National Health Safety Agency for Food, Environment and Labour and provisions of Article L. 211-1 of the Environmental Code, the administrative authority may, in the interest of public health or the environment, take any measures of special prohibition, restriction or limitation concerning the placing on the market, the issuance, use and detention of the products referred to in Article L. 253-1 of this Code and the seeds processed by these products. It shall promptly inform the Director General of the National Health Safety Agency of Food, Environment and Labour. » ;
2° At the beginning of the second paragraph, the words "In particular" are deleted;
3° The 1° is thus modified:
(a) At the beginning, the words are added: "Without prejudice to the measures provided for in Article L. 253-7-1,"
(b) After the reference: "1107/2009", the end is deleted;
4° It is added a 4° as follows:
« 4° Appropriate devices and techniques to be implemented when using the products referred to in Article L. 253-1 of this code to avoid their training off the plot. »
II.-After the same article L. 253-7, an article L. 253-7-1 is inserted as follows:
"Art. L. 253-7-1.-A the exclusion of low-risk products or whose classification only presents certain risk phases determined by the administrative authority:
« 1° The use of the products mentioned in article L. 253-1 is prohibited in recreation courses and spaces usually attended by students in the school premises, in the spaces usually frequented by children in the nursery, stop-guarding and leisure centres, as well as in playgrounds for children in parks, gardens and green spaces open to the public;
« 2° The use of the products mentioned in the same article L. 253-1 in the vicinity of the places mentioned in the 1st of this article as well as in the vicinity of hospital and hospital centres, private health facilities, health homes, functional rehabilitation homes, establishments that accommodate or host older persons and establishments that accommodate adults with disabilities or persons with severe disease is subject to the establishment of appropriate protection measures such as haulage Where such measures cannot be put in place, the administrative authority shall determine a suitable minimum distance below which it is prohibited to use these products near these locations.
"In the event of a new construction of an establishment referred to in this section close to farms, the project holder takes into account the need for physical protection measures.
"The conditions for the application of this section are set by regulation. »
III.-At the 3rd of Article L. 253-17 of the same Code, the words: "the conditions of use, in accordance with the provisions of Article 55 of Regulation (EC) No. 1107/2009, to the provisions made for the application of Article L. 253-7, or to the provisions of Article L. 253-8 and of the provisions made for its application" are replaced by the words: "the conditions of knowledge in conformity with
IV.-After the same article L. 253-17, an article L. 253-17-1 is inserted as follows:
"Art. L. 253-17-1.-East punishable by five years' imprisonment and a fine of €375,000 to manufacture, distribute, advertise, offer for sale, sell, import, export a falsified product referred to in L. 253-1. These sentences are extended to seven years imprisonment and 750,000 € fine when:
« 1° The falsified product is dangerous for human health or the environment;
« 2° The offences provided for in the first paragraph of this article were committed by persons authorized under Article L. 254-1, persons licensed to market products referred to in Article L. 253-1, wholesalers and purchasing groupings;
« 3° These same offences were committed in organized gangs;
« 4° Offences of advertising, offer of sale or sale of falsified products were committed on a telecommunications network to an unspecified public. »
V.-Chapter IV of Book II title V of the same code is amended as follows:
1° Section L. 254-1 is amended as follows:
(a) 2° of II is supplemented by the words: "or by an agricultural operator holding the certificate referred to in II of Article L. 254-3 on farms with a useful agricultural surface less than or equal to the surface defined under the last paragraph of Article L. 732-39, or if the applied products are biocontrol products mentioned in the first paragraph of Article L. 253-5";
(b) It is added a V as follows:
"V.-The holders of the accreditation referred to in II, the persons referred to in IV of this article and the natural persons referred to in II of Article L. 254-3 shall contribute, within the framework of their activities, to the achievement of the objectives of the national plan of action provided for in Article L. 253-6, including the implementation of the integrated fight against the enemies of cultures. » ;
2° At the end of the article L. 254-3-1, the words: "the corresponding products" are replaced by the words: "the correspondents, the lot numbers and the manufacturing dates of these products";
3° Article L. 254-6 is supplemented by a paragraph to read as follows:
"In order to ensure traceability, persons who carry out the activities referred to in 1° and 2° of the same II shall keep for a period of five years a document mentioning the quantities, lot numbers and manufacturing dates of the phytopharmaceutical products they distribute or use. For those who exercise the activities mentioned in 1° of the said II for the benefit of professional users, this data is included in the register of their sales. » ;
4° After the article L. 254-6, an article L. 254-6-1 is inserted as follows:
"Art. L. 254-6-1.-The holders of the marketing authorization of phytopharmaceutical products or, if none of their establishments are registered in the national territory, the first person who makes their marketing on the national territory shall make available to the competent authority information concerning the quantities, batch numbers and dates of manufacture of the products placed on the market. » ;
5° Article L. 254-7 is amended as follows:
(a) At the outset, a sub-item is added:
"I.-People carrying on the activities referred to in 1° of II of Article L. 254-1 are obliged to formulate, to the attention of their professional users of phytopharmaceutical products, at least once a year, an individualised advice and conforming to the conditions provided for the certification they justify under the 2° of Article L. 254-2. However, they are not required to issue such advice when these clients justify having received it from another person carrying on an activity referred to in 1° or 3° of II of section L. 254-1. » ;
(b) Two sentences are added:
"It includes the indication, if any, of alternative methods. Alternative methods mean, on the one hand, non-chemical methods, within the meaning of Article 3 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, of 21 October 2009, concerning the placing on the market of phytopharmaceutical products and repealing Directives 79/117/ EEC and 91/414/ EEC of the Council, and on the other hand, the use of biocontrol products mentioned in the second paragraph » ;
(c) It is added a II as follows:
"II.-At the time of sale, a person who holds the certificate referred to in I of Article L. 254-3 is available to provide users with appropriate information regarding the use of phytopharmaceutical products, the health and environmental risks associated with such use and safety instructions to manage these risks.
"For disposal to non-professional users, distributors provide general information on the risks to human health and the environment related to the use of phytopharmaceutical products, including hazards, exposure, appropriate storage conditions and instructions for safe handling, application and disposal, as well as on low-risk alternatives. » ;
6° Section 3 is deleted and Section 1 is supplemented by Article L. 254-10, which becomes Article L. 254-7-1;
7° Article L. 254-7-1, as a result of 6°, is amended as follows:
(a) In the first paragraph, the reference: "this chapter" is replaced by the reference: "this section";
(b) After the word: "professionals", the end of the second paragraph is replaced by a sentence as follows:
"It also defines the conditions under which microdistributors may be exempted from all or part of the obligations referred to in 2° and 3° I of Article L. 254-2 and Article L. 254-3, in the sole framework of sales of products intended for non-professional use or where they relate only to natural preparations that are of little concern made exclusively of one or more basic substances, or of low-risk products. »
VI.-The first two sentences of the second paragraph of Article L. 258-1 of the same code are thus written:
"By derogation from the first paragraph, the entry into the territory of such a macro-organism for confined operations may be authorized without prior analysis of the phytosanitary and environmental risk. This authorization issued by the regional prefect specifies the containment measures to which the authorization is subordinated. »
VII.-Le a du 5° du II de l'article L. 211-3 du code de l'environnement est compléter par une sentence ainsi écrite :
"The action program may provide for the prohibition of the use of hazardous substances for health or the environment in these areas; "
After the word: "late", the end of last paragraph of Article 98 of Law No. 2010-788 of 12 July 2010 bringing national commitment to the environment is thus drafted: "to 26 November 2015. »
I. - Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make, by order, the necessary legislative provisions to:
1° Implement an experiment in support of the action plan aimed at reducing the use of phytopharmaceutical products, defining people selling phytopharmaceutical products, other than biocontrol products mentioned in first paragraph of Article L. 253-5 of the Rural and Maritime Fisheries Code, which are required to implement actions to this end, the conditions under which these persons may meet these obligations and a device of Phytopharmaceutical Product Economic Certificates that are issued to the subject persons when they justify having fulfilled their obligations as the previous on Energy Savings Certificates;
2° Modernizing and simplifying the rules applicable to fertilizing materials and crop materials, specifying their definition, the conditions under which their import, placing them on the market, their detention for marketing, sale or distribution on a free basis and their use are subject to administrative authorization and the conditions under which the exercise of these activities may be prohibited, restricted or regulated;
3° Complete the list of persons authorized to investigate and report offences in the field of animal or plant health, animal protection, health safety of food and marketing, sale or disposal, use and storage of phytopharmaceutical products, specifying the scope of their skills and the powers they have;
4° Amend and simplify the regime applicable to defence groups against pests and their federations, as provided for in Articles L. 252-1 to L. 252-5 of the Rural and Maritime Fisheries Code ;
5° Redefining and modernizing the organization and missions of the order of the veterinarians, expanding its scope of action, reforming the organization of the disciplinary system, including by clarifying the management of the administrative and disciplinary missions of the order, defining the status of the ordinal electorate, its role, the modalities of its replacement, its duties and prerogatives and by seeking the improvement of the service rendered
6° Strengthen the rules applicable to the trade of pets, including by refining the reporting threshold of the dog and cat farm activity, by regulating or prohibiting certain terms of sale and sale as free of charge of vertebrates, while preserving, on the one hand, the activity of professional breeders as non-professionals that guarantee the durability of races and species and contribute to the maintenance of the national industry Code of Criminal Procedurethe power of animal defence and protection associations to form a civil party for all offences under the single chapter of title II of Book V of the Criminal Code;
7° Adapt to European Union law the provisions relating to the transport of living animals and animal by-products, in particular by redefining water-colouring activity, and by updating and supplementing the list of sanctions mentioned to the European UnionArticle L. 228-5 of the Rural and Maritime Fisheries Code ;
8° Organize the monitoring of animal health, plant health and food, defining the respective tasks and obligations of the key monitoring actors, and the conditions under which they exchange information and coordinate their action based on the territorial mesh of departmental analysis laboratories.
II. - Orders mentioned in 2°, 3° and 7° of I shall be taken within eight months of the promulgation of this Act. The ordinances mentioned in 1°, 4°, 5°, 6° and 8° of I shall be taken within 12 months of the promulgation of this Act.
For each order, a bill of ratification is tabled before Parliament within three months of the issuance of this order.
I.-Order No. 2011-862 of 22 July 2011 concerning the organization of epidemiosurveillance, prevention and control of animal and plant diseases and the conditions of delegation of certain tasks related to sanitary and phytosanitary controls is ratified.
II.-Book II of the Rural and Maritime Fisheries Code is amended as follows:
1° The third paragraph of Article L. 251-9 is as follows:
"having met the information obligations set out in the first and last paragraphs of Article L. 201-7; »
2° In the first sentence of the second paragraph of Article L. 251-7, at the end of the first sentence of Article L. 251-14 and the second paragraph of Article L. 251-15, the reference: "L. 201-12" is replaced by the reference: "L. 201-13";
3° At the end of the second paragraph of section L. 253-8, the words: "after notice of the committee referred to in section L. 251-3" are deleted.
Section L. 613-2-2 of the Intellectual Property Code is supplemented by a paragraph to read:
"This protection does not apply in the event of an accidental or incidental presence of genetic information patented in seeds, plant multiplication materials, plants and plants or parts of plants. »
Chapter III of Book VI title II of Part II of the Code is amended as follows:
1° In the first paragraph of Article L. 623-4, after the word "use", the words "other than casual or accidental" are inserted;
2° In the first sentence of Article L. 623-24-1, the words: "in State Council" are deleted;
3° At the end of Article L. 623-24-3, the words: "the decree in the Council of State provided for in Article L. 623-24-1" are replaced by the words: "decree in the Council of State".
The first sentence of the first paragraph of Article L. 661-8 of the Rural and Maritime Fisheries Code is amended as follows:
1° The words: ", storage and marketing" are replaced by the words: "and storage";
2° After the last occurrence of the word “material” are inserted the words “for marketing purposes, as well as the rules relating to their marketing”.
I.-Book VIII of the Rural and Maritime Fisheries Code is amended as follows:
1° Article L. 800-1 is as follows:
"Art. L. 800-1.-The educational, vocational training, agricultural development and agronomic and veterinary research institutions or organizations referred to in articles L. 811-8, L. 812-3, L. 813-1, L. 813-10, L. 820-2 and L. 830-1 of this Code and to theArticle L. 152-1 of the Forest Code ensure the acquisition and dissemination of knowledge and skills to meet the challenges of economic, social, environmental and health performance of production, processing and services related to agriculture, food, territories and forestry, including agro-ecology and the cooperative and social and solidarity economy model.
"They are involved in education, research, scientific development, technology and innovation policies, food security, health security and public health, agricultural development, sustainable development, the promotion of agro-ecology, including organic farming, and territorial cohesion, at the national, European and international levels.
"They develop and implement, under conditions established by decree, joint projects in the areas mentioned in the first two paragraphs. » ;
2° An article L. 810-2 is reinstated as follows:
"Art. L. 810-2.-A technical and higher agricultural education mediator receives claims regarding the operation of the public service of agricultural education in its relations with the users and its agents. It may also be entrusted by the Minister for Agriculture with a preventive mediation mission or in conflict situations. » ;
3° Article L. 811-1 is amended as follows:
(a) The second sentence of the first paragraph is supplemented by the words: ", as well as the promotion of the diversity of agricultural production systems";
(b) The last paragraph is supplemented by two sentences as follows:
"They also participate in the fight against gender stereotypes. The regions are associated with the implementation of the missions under 2° to 5°. » ;
4° Article L. 811-2 is supplemented by a paragraph as follows:
"The organization of the diplomas mentioned in the third paragraph allows for their progressive acquisition and, to this end, the issuance of a certificate validating the achievements of those who have completed the training that prepares them. This certificate determines the level of knowledge and abilities acquired and can take the form of capitalizable units. The terms and conditions for the use of this certificate for further graduation are specified by decree. » ;
5° [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2014-701 DC of 9 October 2014. ]
6° Article L. 811-5 is amended as follows:
(a) In the first sentence of the second paragraph, after the word "students", the words are inserted: "this last procedure being the subject of an action plan within the project";
(b) After the second preambular paragraph, a sub-item reads as follows:
"A National Committee of Expertise in Educational Innovation is responsible for supporting educational innovations and experiments in agricultural education. » ;
7° Article L. 811-6 is as follows:
"Art. L. 811-6.- Departmental orders specify, for each agricultural and veterinary educational institution or, in the event of a plurality of establishments of the same class, for each class of establishments, the conditions of admission, the amount of school fees and the conditions for the allocation of international mobility assistance to students, students, apprentices and trainees of agricultural education.
"In light of the speciality of the degree prepared, the Minister for Agriculture may provide, for access to the preparatory sections for the agricultural technician's patent, a minimum percentage of students with a professional agricultural bachelor's degree, as well as appropriate criteria for the verification of their abilities. » ;
8° Article L. 811-8 is amended as follows:
(a) I is thus modified:
-the 3rd is thus written:
« 3° One or more technological workshops or farms that provide adaptation and training to professional practices and that contribute to the demonstration, experimentation and diffusion of new techniques, in keeping with the guidance of public policies for agriculture. » ;
- after the sixth preambular paragraph, a subparagraph shall read:
" Contractual agents recruited to perform their duties in the vocational training and agricultural promotion centres or in the apprenticeship training centres mentioned in the 2° can be recruited from the jobs opened by the establishment's board of directors, in full time or incomplete according to the needs of the service. » ;
(b) The first sentence of the first paragraph of the second paragraph is as follows:
"Each local public school of agricultural education and vocational training establishes a project of establishment, which defines the specific modalities of its contribution to the implementation of the missions of public education and vocational training in the trades of agriculture, food, forest, nature and territories referred to in Article L. 811-1 and describes its policy on international exchanges and participation in international cooperation activities. » ;
(c) In the second sentence of the same paragraph, the words: "from the national forecasting scheme of the mentioned agricultural education formations" are replaced by the words: "from the directions of public policies for agriculture, the national strategic project for agricultural education and the national forecasting scheme of the mentioned agricultural education formations";
(d) In the first sentence of the second paragraph of the same II, after the word "class", are inserted the words: ", pedagogical teams";
9° Chapter I of title I is supplemented by section 4 as follows:
“Section 4
« Groups of local public institutions of agricultural education and vocational training
"Art. L. 811-12.-For the implementation of the missions of agricultural education and vocational training, local public institutions of agricultural education and vocational training can join in grouping establishments, under conditions defined by decree. » ;
10° The second sentence of the second paragraph of Article L. 813-1 is supplemented by the words: ", as well as the promotion of the diversity of agricultural production systems";
11° Section L. 813-2 is amended as follows:
(a) After the fourth preambular paragraph, a sub-item reads as follows:
"The organization of the diplomas mentioned in the fourth paragraph allows for their progressive acquisition and, to this end, the issuance of a certificate validating the achievements of those who have completed the training that is being prepared. This certificate determines the level of knowledge and abilities acquired and can take the form of capitalizable units. The terms and conditions for the use of this certificate for further graduation are specified by decree. » ;
(b) The fifth paragraph is amended to read:
-the first sentence is supplemented by the words: "and describes its policy on international exchanges and participation in international cooperation activities";
- in the second sentence, the words: "from the national forecasting scheme of the agricultural education courses mentioned" are replaced by the words: "from the directions of public policies for agriculture, the national strategic project for agricultural education and the national forecasting scheme of the agricultural education formations mentioned";
12° After L. 813-8, articles L. 813-8-1 and L. 813-8-2 are inserted as follows:
"Art. L. 813-8-1.-It is established, with the Minister for Agriculture, a competent departmental advisory committee on teachers and documentation referred to in section L. 813-8.
"This committee is responsible for matters relating to staffing, employment and skills as well as matters of statutory interest to the personnel referred to in the first paragraph of this section.
"This committee includes representatives of the administration and representatives of the personnel referred to in the same first paragraph. Only staff representatives are called to vote.
"The representatives of the staff referred to in the first paragraph of the ministerial advisory committee shall be elected by a list vote with proportional representation. TheArticle 9 bis of Act No. 83-634 of 13 July 1983 bearing the rights and obligations of officials is applicable to this election, provided that the words: “union organizations of civil servants” and “union of civil servants’ unions” agree, respectively, as: “union organizations of teachers and documentation referred to in theArticle L. 813-8 of the Rural and Maritime Fisheries Code ” and “ union of unions of the teachers and documentation mentioned in theArticle L. 813-8 of the Rural and Maritime Fisheries Code “.
"A decree in the Council of State specifies the conditions for the application of this article.
"Art. L. 813-8-2.-The representatives of the teachers and documentation staff referred to in section L. 813-8 serving on the joint advisory committee, established with the Minister for Agriculture, shall be elected by a list vote with proportional representation. TheArticle 9 bis of Act No. 83-634 of 13 July 1983 referred to above is applicable to these elections, as provided for in Article L. 813-8-1. A decree in the Council of State specifies the conditions for the application of this article. » ;
13° The third paragraph of Article L. 814-2 is amended as follows:
(a) After the second sentence, a sentence as follows:
"It is established in accordance with the national strategic project for agricultural education, which is also decreed for a period of five years by the same minister, after a dialogue with all the components of agricultural education, territorial authorities and professional and trade union organizations representative of employers, farmers and agricultural workers. » ;
(b) The last sentence is supplemented by the words: "and this strategic project";
14° Article L. 815-1 is supplemented by a sentence as follows:
"They aim to offer a sufficiently diversified offer of bi-qualifying formations. »
II.-Le II de l'article L. 361-7 du même code est compléter par un alinéa ainsi écrit :
"By derogation from the first paragraph of this II, agricultural education and vocational training institutions benefit from the provisions of this chapter for the activity of their agricultural farms for educational purposes. »
III.-Article L. 718-2-1 of the same code is amended as follows:
1° In the first sentence of the second paragraph, the reference: "L. 732-25" is replaced by the reference: "L. 732-18";
2° The penultimate paragraph is thus amended:
(a) The words: "in one time" are deleted;
(b) After the word "rules" are inserted the words ", periodicity";
(c) The words are added: "and the recovery of the solidarity contribution referred to in Article L. 731-23".
IV.-Article L. 718-2-2 of the same code is supplemented by a paragraph as follows:
"The public agricultural vocational training and promotion centres and private centres contribute to ongoing training in agro-ecology. »
The Government shall submit to Parliament, by December 31, 2015, a report which examines the conditions under which the statutes of the personnel of the institutions referred to in theArticle L. 811-8 of the Rural and Maritime Fisheries Code are harmonized, up to the realization of parity, with those of the homologous bodies of general, technological and professional education, so that all of these staff are able to perform their duties with the same guarantees in institutions under general, technological and professional education and in institutions under agricultural education. He also studies the equal access to school medicine between students in schools mentioned in the same article L. 811-8 and students in general, technological and vocational education.
Prior to 31 December 2014, the Government submits to Parliament a report that examines the modalities for the development of bi-qualifying training in agricultural education, particularly in mountain areas.
I. first sentence of Article L. 312-9 of the Education Code, after the first occurrence of the word "education", are inserted the words ", including agricultural,".
II. - Title I of Book VIII of the Rural and Maritime Fisheries Code is amended as follows:
1° After the second sentence of the last paragraph of Article L. 811-1, a sentence is inserted as follows:
"They participate in the public service of digital education and distance education provided for in second paragraph of Article L. 131-2 of the Education Code.
2° The first sentence of the first paragraph of Article L. 813-1 is supplemented by the words: ", in particular to the public service of digital education and distance education provided for in the public service second paragraph of Article L. 131-2 of the Education Code "
I.-Chapter II of Book VIII title I of the Rural and Maritime Fisheries Code is amended as follows:
1° Is added a section 1 entitled “General Provisions” and comprising articles L. 812-1 to L. 812-6;
2° 2° to 6° of Article L. 812-1 are replaced by 2° to 10° as follows:
« 2° Contributes to environmental education and sustainable development and the implementation of its principles;
« 3° Participates in scientific development policy through basic, applied and clinical research activities;
« 4° Conducts research, innovation and engineering activities in the areas of education and training;
« 5° Contributes, in collaboration with relevant agencies, on the scientific and technical eve, to technological innovation and development, and to the valorization of research results, including experiments conducted in its operations, veterinary university hospital centres and technical facilities, and research conducted with the involvement of partners;
« 6° Participates in the dissemination of scientific and technical information;
« 7° Contributes to the implementation of international scientific, technical and pedagogical cooperation, including through the conclusion of agreements for the exchange of students, teachers and researchers;
« 8° Contributes to the construction of the European space of higher education and research and attractiveness of the national territory, including through the conclusion of conventions;
« 9° Promotes the diversity of recruitments and diversity and contributes to the social and professional integration of students;
"10° Provides support for agricultural technical education, including the initial and continuing training of its staff and the transfer of research results, especially in the field of agro-ecology. » ;
3° After the tenth paragraph of the same article L. 812-1, a sub-item is inserted as follows:
" Contractual officers recruited to perform their duties in higher agricultural educational institutions may be recruited from the jobs opened by the institution's board of directors, in full time or incomplete according to the needs of the service. » ;
4° After the article L. 812-5, an article L. 812-6 is inserted as follows:
"Art. L. 812-6.-The Minister for Agriculture may provide for special conditions of access to engineering training, in public agricultural higher education institutions, for students with an agricultural professional bachelor's degree who have followed a professional preparatory class in a agricultural education and vocational training institution. In the event of failure, students can validate their achievements with a view to obtaining a short higher education diploma or other certification, according to the terms defined by decree.
"Agricultural higher education institutions put in place educational support devices for students in difficulty. » ;
5° Sections 2 and 3 are added as follows:
“Section 2
« Institut agronomique, veterinary and forest de France
"Art. L. 812-7.-The French Agricultural, Veterinary and Forestry Institute is a national public administrative cooperation institution that brings together public agricultural higher education institutions, scientific and technological public institutions and research institutions under the supervision of the Minister for Agriculture. The accession of other higher education institutions or research institutions or recognized foundations of public utility is possible when their competence and vocation contribute to the policies defined in Article L. 800-1.
"Its mission is to develop and implement common research and training strategies at the national, European and international levels, including international cooperation for development. It promotes the transfer of research results and innovation in support of agricultural technical education. It provides the Minister for Agriculture with expertise in training, research, innovation, development and transfer of technology where possible to the Minister responsible for the development and conduct of public policies. It ensures the implementation of activities and projects entrusted to it by its members. It may be accredited by the Ministers responsible for agriculture and higher education to issue national diplomas in the fields corresponding to the specific competences of its members.
"It contributes to the implementation of public innovation policies, in the service of competitiveness, growth and employment.
"He participates in the development of the national research strategy defined in thearticle L. 111-6 of the search code and the national strategy of higher education definedArticle L. 123-1 of the Education Code.
"He supports agricultural technical education. To this end, it ensures the formation between its members of a network dedicated to the initial and ongoing training of teachers, education and supervision of the institutions referred to in Article L. 811-8 of this Code. It can also establish partnerships with the schools mentioned in theArticle L. 721-1 of the Education Code.
"Art. L. 812-8.-The institute referred to in section L. 812-7 is administered by a board of directors, which determines its policy, approves its budget and controls its execution. The board of directors is assisted by a strategic guidance board and by a board of members.
"The strategic direction council is composed of qualified French and foreign personalities.
"The members' council brings together at least one representative of each of the members of the French Agricultural, Veterinary and Forest Institute. It is associated with the preparation of the work and the implementation of the decisions of the Board of Directors. It is consulted by the Board of Directors prior to the adoption of the Institute's programme of work and budget. The Council of Members shall deliberate by a two-thirds majority when matters common to all member institutions so require.
"The French Agricultural, Veterinary and Forest Institute is headed by a director, appointed by decree after advice from the board of directors.
"The Chair of the Board of Directors is elected by this Board from among its members. The Board of Directors includes representatives of the State, representatives in equal numbers of the research organizations and higher education institutions members of the Institute, representatives of teachers-researchers, teachers, researchers and other staff performing their functions in the member institutions and the institute and representatives of the students who attend training in one of the member institutions, as well as qualified personalities, including as many women as men. The representatives of teachers, teachers, researchers and other staff serving in member institutions and the institute represent at least 20% of the total membership on the board of directors.
"The Institute's resources include contributions from organizations and institutions that are members of the Institute and all revenues authorized by laws and regulations.
"Art. L. 812-9.-A decree in the Council of State determines the conditions for the organization and operation of the institute. It specifies the competences that the member may exercise by delegation of its members. It sets out the conditions under which enhanced cooperation can be established between some of the Institute's members in the area of the establishment of maps of agronomic training, teaching and veterinary research, as well as cooperation between higher education and research.
“Section 3
" Miscellaneous provisions relating to higher agricultural education
"Art. L. 812-10.-By derogation fromSection L. 613-1 of the Education Code, institutions of higher education, research and cooperation created by a treaty signed by France and of which at least one of the institutes is located in France can be accredited under this institute by the ministers responsible for agriculture and higher education to issue national diplomas.
"Art. L. 812-11.-The establishment of public agricultural higher education responsible for the training of teachers and the education of agricultural education can be accredited by joint decree of ministers responsible for agriculture and higher education. This accreditation takes the institution's empowerment to issue the national master's degree in the fields of teaching, education and training.
"For the implementation of this mission, the establishment referred to in the first paragraph establishes partnerships with other public agricultural higher education institutions and with at least one of the schools mentioned in theArticle L. 721-1 of the Education Code.
"The accreditation procedures are those defined by the order referred to in the same article L. 721-1. »
II.-In the last paragraph of Article L. 813-10 of the same code, the word "to" is replaced by the references: "at 1° to 9°".
III.-A Article L. 820-2 of the same code, after the words "agricultural education", are inserted the words: ", the institutes and technical centres related to the professions referred to in Article L. 830-1 and their national coordinating structures".
IV.-Article L. 830-1 of the same code is amended as follows:
1° The last sentence of the first paragraph is supplemented by the words: ", applied research and technological innovation";
2° In the third paragraph, after the word: "agribusiness", the word "agri-food" is inserted.
V.-Before the last sentence of the first paragraph of article L. 111-6 of the search code, a sentence is inserted as follows:
"It also includes a research and agronomic innovation component. »
VI.-Article L. 522-1 of the same code is supplemented by an e as follows:
“e) Technical institutes related to the professions mentioned in theArticle L. 830-1 of the Rural and Maritime Fisheries Code and their national coordinating structures. »
VII.-The property, rights and obligations of the National Consortium for Agriculture, Food, Animal Health and the Environment are transferred to the French Agricultural, Veterinary and Forest Institute as soon as it was established. This transfer is made free of charge and does not result in the payment of any fee, allowance, tax or contribution provided for in the transferArticle 879 of the General Tax Code.
The education code is thus modified:
1° In the first paragraph of Article L. 718-7, the references: "and IV of Book VI of this Part, Chapter IX of this Title, Chapter I of Title II of this Book and Chapter I of" are replaced by the references: ", IV, VIII bis and IX of Title I and Chapter I of Title II of this Book and ";
2° The second and last sentences of the penultimate paragraph of Article L. 718-11 are deleted;
3° The first paragraph of Article L. 718-12 is supplemented by a sentence as follows:
"Representatives of teachers-researchers, teachers and researchers, representatives of other staff and representatives of users are elected by direct or indirect suffrage under conditions established by the statutes of the community. »
TheOrder No. 2012-92 of 26 January 2012 on the legislative part of the forest code is ratified.
I.-Book I of the Forest Code is amended as follows:
1° The second paragraph of Article L. 112-1 is replaced by six subparagraphs as follows:
"Acknowledged public interest:
« 1° The protection and development of wood and forests and reforestation as part of sustainable management;
« 2° Conservation of forest genetic resources and biodiversity;
« 3° The protection of the water and air quality resource by the forest as part of sustainable management;
« 4° Protection and fixing of soils by the forest, especially in mountain areas;
« 5° The fixation of carbon dioxide by wood and forests and carbon storage in wood and forests, wood and wood products, thus contributing to the fight against climate change. » ;
2° Article L. 113-1 is amended as follows:
(a) In the first sentence of the first paragraph, the words ", forest products and the transformation of wood" are replaced by the words "and wood";
(b) Two subparagraphs are added:
"When the issues on which it is to be decided have an impact on agricultural production, the Higher Council for the Guidance and Coordination of the Agricultural and Food Economy is represented in a consultative capacity.
"The Conseil Supérieur de la forêt et du bois is informed of any proposed industrial wood-processing establishment and makes a notice as long as it considers that this project involves an amendment to the national forest and timber programme, as defined in Article L. 121-2-2. » ;
3° Article L. 113-2 is amended as follows:
(a) In the first sentence, the words: "forestry products" are replaced by the words: "wood" and the words: "forest regional orientations mentioned" are replaced by the words: "forest and wood regional programmes mentioned";
(b) In the second sentence, after the word "environment", the words are inserted: ", departmental or interdepartmental federations of hunters";
(c) Two subparagraphs are added:
"A committee composed by representatives of forest owners and hunters is attached to the commission. It prepares, in consultation with the departmental commissions of the territorially competent hunting and wildlife, the results of the game damage identified during the past year. It adopts, by a two-thirds majority of its members and after consultation with the departmental commissions of the territorially competent hunting and wildlife, a program of actions to promote the establishment of a sylvocative balance in the most affected areas. If a two-thirds majority is not reached, the action programme is drawn up and arrested by the State representative in the region.
"The action programme referred to in the second paragraph shall be transmitted to State officials in the departments that the region has before the establishment of departmental cyngetical management schemes provided for in chapter V, section 1, title II, of Book IV of the Environmental Code. » ;
4° Section L. 121-2 is amended as follows:
(a) After the word "in particular", the end of the first paragraph is thus written: "in respect of the owners organized in grouping. It promotes the search for counterparties for services rendered in environmental and social matters by wood and forests that have a guarantee of sustainable management. » ;
(b) After the second preambular paragraph, a sub-item reads as follows:
"The state promotes territorial approaches and favours the initiatives of forest owners, at the scale of a coherent forest mass, in favour of sustainable and multifunctional management. » ;
5° Article L. 121-4 is as follows:
"Art. L. 121-4.-The forest policy documents referred to in Article L. 122-2 reflect, in a manner that is appropriate to the specific characteristics of wood and forests under the forest regime or belonging to individuals, the objectives of sustainable wood and forest management as defined in Article L. 121-1. » ;
6° After the article L. 121-2, an article L. 121-2-2 is inserted as follows:
"Art. L. 121-2-2.-A national forest and timber programme specifies the directions of forest policy for a maximum of 10 years. It identifies economic, environmental and social objectives based on sustainable management indicators. It defines interregional territories that justify, by their common characteristics, a coordination of the regional programmes of forest and wood, as defined in Article L. 122-1. It ensures the sharing of information on the production of forest products and products derived from the processing of wood, with a view to improving the value of wood and the development of enterprises, as well as on the production of environmental and social benefits of the forest for their development and the assessment of the terms and conditions of their remuneration.
"The draft national programme is subject to public participation by the competent administrative authority of the State, under the conditions provided for in Articles L. 120-1 to L. 120-2 of the Environmental Code. It is approved by decree, after the advice of the High Council of Forest and Wood. Its methods of development are set by decree. » ;
7° Article L. 122-1 is as follows:
"Art. L. 122-1.- Within a period of two years following the edict of the national forest and wood programme, a regional forest and wood programme adapts to each region the orientations and objectives of the national forest and wood programme. It sets, by forest mass, economic, environmental and social priorities and translates them into objectives. It defines sustainable and multifunctional management criteria and associated indicators. It identifies forest massifs with priority issues for wood mobilization. It specifies the conditions necessary for the renewal of forest lands, particularly with regard to the sylvo-cynegetic balance, by integrating, where appropriate, the action programme referred to in the second paragraph of Article L. 113-2. It defines a route for forest resources based on the geographic and forest repositories of the National Institute for Geographical and Forest Information. It defines actions to be implemented in the region.
"It is prepared by the regional commission of the forest and wood referred to in Article L. 113-2 of this Code, subject to public participation by the competent administrative authority of the State, under the conditions provided for in the Articles L. 120-1 to L. 120-2 of the Environmental Codeand arrested by the Minister for Forests.
"For Corsica, the regional forest and wood programme is stopped by the Minister for Forests, following the advice of the President of the executive council of the territorial community of Corsica.
"The Regional Forestry and Timber Commission assesses the implementation of the Regional Forest and Timber Programme and proposes, if necessary, the necessary modifications. This report is forwarded to the Minister for Forests, who communicates to the High Council for Forests and Timber a synthesis of all regional program reviews.
"Regional, departmental and local guidance documents issued by the state or by public communities that have an impact on the forest and the wood sector and on a list established by decree take into account the regional programme of the forest and wood in the region concerned. Regional guidance for the management of wildlife and its habitatsArticle L. 414-8 of the Environmental Code and the departmental cynégétic management diagrams provided for in Article L. 425-1 of the same code are compatible with the regional forest and wood programme. » ;
8° In the first paragraph of Article L. 122-2, Article L. 122-6 and at the end of the last paragraph of Article L. 312-1, the words "regional forest orientations" are replaced by the words "regional forest programmes";
9° In the first paragraph of Article L. 122-2 and in the second sentence of the second paragraph of Article L. 123-2, the words "forestry products" are replaced by the words "wood";
10° After Article L. 122-3, an article L. 122-3-1 is inserted as follows:
"Art. 122-3-1.-The management documents referred to in Article L. 122-3 and regularly entered into force have a period of five years to take into account any regulatory changes. » ;
11° Section 4 of Chapter II of Title II is repealed;
12° The last paragraph of Article L. 123-1 is as follows:
"It must be compatible with the regional forest and wood programme. » ;
13° In the first sentence of the first paragraph of Article L. 123-2 and in the first sentence of Article L. 123-3, the words "forest or" are replaced by the words "forest and";
14° Chapter V of title II is amended as follows:
(a) The title is thus written: "Protection against infringements of forest land ownership";
(b) Article L. 125-1 becomes Article L. 121-2-1;
(c) Article L. 125-1 is thus restored:
"Art. L. 125-1.- Without prejudice to the criminal proceedings in the event of cuts and removals of unauthorised trees, any occupation of wood and forests by works, infrastructures or equipment located under ground without the written agreement of the owners or without any public bondage regularly declared, with the aim of ensuring the transport of energy, telecommunications, capturing or distribution of water, shall give rise to the payment, to the profit
"If the start date of the occupation is not determined, and unless otherwise proved, the allowance shall be calculated for a period of occupancy of three years before it is discovered.
"In the absence of any regularization beyond six years of untitled occupation, the allowance is increased by 20% each additional year. » ;
15° Article L. 125-2 is repealed;
16° In the second paragraph of Article L. 133-3, after the reference: "chapter I", the reference is inserted: "of title I";
17° In the first sentence of the third paragraph of Article L. 152-1, the words: ", forest products and wood processing" are replaced by the words: "and wood";
18° The title of chapter III of title V is thus written: "Forest Genetic Resources and Reproductive Forest Materials";
19° Section 1 of the same chapter III is read as follows:
“Section 1
"General principles and scope of application
"Art. L. 153-1.-Submitted to this chapter the materials for the reproduction of forested species produced for marketing or marketed as plants or parts of plants intended for forest purposes or as seeds, with the exception of the materials shown to be intended for export or re-export to third countries.
"Art. L. 153-1-1.-On the creation or renewal of wood and forest by the planting of commercialized reproduction materials belonging to species regulated by this Code, only forest materials produced and marketed in accordance with this chapter may be used. The same applies to any plantation that may have an impact on the genetic resources of forest trees.
"Art. L. 153-1-2.-Sont defined by decree in the Council of State:
« 1° Access to forest genetic resources and associated traditional knowledge, as well as the conditions for equitable sharing of benefits arising from their use in research and development;
« 2° The conditions under which forest genetic resources may be harvested in French territory for experimentation, for scientific purposes or for selection or conservation work, and may be used in research and development actions;
« 3° Conditions for the harvesting, marketing and sustainable use of forest reproduction materials for scientific experimentation, selection, genetic conservation or for non-forest purposes.
"The list of forested species subject to the provisions mentioned in 1 and 2 and that of forested species whose trade in reproductive forest materials is regulated by this chapter shall be decided by the Minister responsible for the forest. » ;
20° After chapter III of Book I title V, a chapter III bis is inserted as follows:
“Chapter III bis
« Desserte des forêts
"Art. L. 153-8.-The department develops an annual forest resource access scheme, in consultation with the municipalities and public intercommunal cooperation institutions concerned. This scheme provides routes using departmental, communal and inter-communal roads to ensure the transport of logs from forest roads to different delivery points.
"In Corsica, the scheme of access to the forest resource is developed by the territorial community of Corsica in consultation with the relevant departments, municipalities and public institutions of intercommunal cooperation, in accordance with the plan of development and sustainable development of Corsica. It includes territorial roads. » ;
21° At the end of the second paragraph of Article L. 154-2, the words: "in State Council" are deleted;
22° In article L. 222-1, after the word "social", it is inserted the word "cynégétique";
23° Chapter VI of title V is supplemented by a section 3 as follows:
“Section 3
« Forest and Wood Strategic Fund
"Art. L. 156-4.-In accordance with articles L. 112-1 and L. 121-1 and in order to enable the valorization of all economic, social and environmental functions of wood and forests, the State contributes by the forest and wood strategic fund to the financing of investment projects, primarily in the forest, and research, development and innovation actions that fall within the framework of the strategic directions of the national programme of the These projects and actions include improving sustainable and multi-functional forest management.
"The mechanisms of abundant forest and timber strategic fund incorporate the functions of general interest of the forest referred to in Article L. 112-1.
"A decree defines the governance of the fund and the rules of eligibility for its funding. »
II.-The Rural and Maritime Fisheries Code is amended as follows:
1° In the penultimate paragraph of Article L. 126-1, the words:
"the planned regional forest orientations" are replaced by the words: "the planned regional forest and wood programme";
2° The third paragraph of Article L. 151-37 is supplemented by a sentence as follows:
"For the purpose of carrying out the work necessary for the formation of intermediaries of wood storage provided for in the 7th of Article L. 151-36, they may be pronounced by municipal decree in the mountain areas defined to the articles 3 to 5 of Act No. 85-30 of 9 January 1985 relating to mountain development and protection. » ;
3° In the first sentence of the first paragraph of Article L. 632-1-2, the words: ", forest products and wood processing" are replaced by the words: "and wood";
4° In the first sentence of the third paragraph I of Article L. 632-2, the references: "to articles L. 125-1 and L. 125-2" are replaced by the reference: "to article L. 121-2-1";
5° The 1st of Article L. 722-3 is supplemented by the words: ", as well as the production of wood and wood products intended for energy or industry."
III.-The environmental code is amended as follows:
1° In the first paragraph of Article L. 132-1, after the word "energy", the words "the National Forest Office" are inserted;
2° In Article L. 132-2, after the word "agriculture", the words ", the National Forest Office" are inserted;
3° The first paragraph of Article L. 414-8 is amended as follows:
(a) The words: "Regional forest orientations referred to in articles L. 122-1 to L. 122-3 and L. 122-6 of the new Forest code and » are deleted;
(b) Is added a sentence as follows:
"They are compatible with the regional forest and wood programs mentioned in theArticle L. 122-1 of the Forest Code.
4° Section L. 425-1 is amended as follows:
(a) The third sentence is supplemented by the words: "especially when the regional programme of the forest and wood planned for theArticle L. 122-1 of the Forest Code refers to dysfunctions with regard to sylvocynthetic balance";
(b) The penultimate sentence is thus modified:
At the beginning, the word "He" is replaced by the words "The schema";
-the words: "taking into account" are replaced by the words: "is compatible with";
The word: "that" is replaced by the words: "only with";
-the words added: "and with the regional programs of the forest and wood mentioned to theArticle L. 122-1 of the Forest Code » ;
5° At the end of the second sentence of the last paragraph of Article L. 425-4, the words: "regional forest orientations" are replaced by the words: "regional forest and wood programmes mentioned in Article L. 122-1 of the same code";
6° In the second sentence of the first paragraph of Article L. 425-6, after the word: "habitats", the words are inserted: "taking into account the forest management documents mentioned in theArticle L. 122-3 of the Forest Code and »
7° In the first paragraph of Article L. 425-12, after the word "sylvocynégétique" are inserted the words: ", defined in the regional program of the forest and wood mentioned in theArticle L. 122-1 of the Forest Code"
IV.-After the 24th of Article L. 2122-22 of the General Code of Territorial Communities, it is inserted a 25th such as:
« 25° To exercise, on behalf of the commune, the right of expropriation for public utility provided for in the third paragraph of Article L. 151-37 of the Rural and Maritime Fisheries Code in order to carry out the work necessary for the formation of intermediary wood storage areas in mountain areas. »
V.-Le 2° du III de l'article L. 123-1-5 du code de l'urbanisme est compléter par une sentence ainsi écrite :
"In the case of wooded spaces, these requirements are those provided for in Article L. 130-1; "
VI.-[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2014-701 DC of 9 October 2014. ]
After Article L. 122-7 of the Forest Code, an article L. 122-7-1 is inserted as follows:
"Art. L. 122-7-1.-For the application of the second part of Article L. 122-7 to the development document defined in paragraph 1 of Article L. 122-3:
« 1° The development document is approved by the competent forest authority after verification of its compliance with the legislation referred to in Article L. 122-8. The National Forestry Board collects the explicit agreement, when a legal or international statute requires it, from the competent authorities under these laws;
« 2° The agreement of the competent authorities under the legislation referred to in the same article L. 122-8 may be accompanied by requirements that must be incorporated into the development document. For cuts and works defined in the development document, the agreement of these authorities cannot be subject to the application of new formalities during the implementation of the development document. »
I.-The forest code is amended as follows:
1° The first paragraph of Article L. 124-1 is as follows:
"Provide sustainable management guarantees, subject to the effective implementation of the planned cuts and works programme, wood and forests managed in accordance with:"
2° Section L. 124-2 and section 2 of Chapter III of Title I of Book III are repealed;
3° c of 2° of Article L. 122-3 is repealed;
4° In the first paragraph of Article L. 124-3, the words "or presumption" are deleted;
5° At the end of the 4th of Article L. 321-1, the words: "and the codes of good forestry practices" are deleted;
6° Article L. 143-2 is as follows:
"Art. L. 143-2.-On the coastal dunes fixed by arousalous plants and, if applicable, by scattered trees, without prejudice to the application of the provisions relating to the defrauding provided for in Book III, no cuts of these plants may be made without prior authorization from the competent administrative authority of the State, except if programmed by a management document referred to in paragraph 1 or 2 of Article 122-3.
"This authorization may be subject to the execution of restoration work in a comparable dunes area from the point of view of the protection of the environment and of the public interest, for a surface corresponding to at least the area authorized.
"The applicant who does not wish to carry out the work referred to in the second paragraph may propose to fulfil its obligations by transferring to the State, a territorial authority or a public establishment of coastal dunes fixed by arousal plants of at least equal to that authorized by the land.
"The authorization may be refused when the conservation of these plants is recognized as necessary under one or more of the grounds mentioned in 1°, 2°, 4°, 8° and 9° of Article L. 341-5.
"The duration, limited to five years, the form as well as the conditions and deadlines for issuing the authorization are set by regulation. »
II.-Book II of the same code is amended as follows:
1° Article L. 211-2 is supplemented by a 3° as follows:
« 3° The forests of Chantilly and Chaalis belonging to the Institut de France. » ;
2° The second paragraph of Article L. 213-1 becomes Article L. 213-1-1 and, at the beginning, the words: "When these goods fall under the purview" are replaced by the words: "In case of alienation of relevant property";
3° In section L. 213-3, the reference: "L. 213-1" is replaced by the reference: "L. 213-1-1";
4° Article L. 214-5 is supplemented by a paragraph as follows:
"When the plate state is partially approved, the adjournment of the cuts shall be subject to a reasoned notification to the competent administrative authority of the State, under conditions fixed by decree. » ;
5° Article L. 214-13 is as follows:
"Art. L. 214-13.- Communities and other legal persons referred to in 2° I of Article L. 211-1 shall not make any defray in their woods and forests, whether or not they fall under the forest regime, without authorization from the competent administrative authority of the State.
"Articles L. 341-1 and L. 341-2 apply to them. » ;
6° After the article L. 214-13, an article L. 214-13-1 is inserted as follows:
"Art. L. 214-13-1.-In the framework of a concerted communal scheme approved by the regional commission of the forest and wood referred to in Article L. 113-2 and in accordance with the regional programme of the forest and wood defined in Article L. 122-1, any commune classified in the mountain zone whose rate of afforestation exceeds 70% of its territory may proceed to clearing up for landscape or agricultural reasons. This depletion cannot cover forests subject to the forest regime. It cannot result in a reduction in the rate of afforestation of the municipality below 50 per cent of its territory. » ;
7° In Article L. 214-14, the words: "L. 341-5 to L. 341-7 relating to the conditions of defraud" are replaced by the words: "L. 341-3 to L. 341-10 relating to the conditions of defraud and those of 3° and 4° of Article L. 342-1 relating to exemptions".
III.-Book III of the same code is amended as follows:
1° In the first paragraph of Article L. 312-5, the word "five" is replaced by the word "four";
2° In 3° of article L. 321-1, after the word "sustainable", the words "and multifunctional" are inserted;
3° Chapter II of title III is supplemented by a section 4 as follows:
“Section 4
"The Forest Economic and Environmental Interest Group
"Art. L. 332-7.-I.-East recognized as a forest economic and environmental grouping any voluntary grouping of forest owners under Article L. 311-1, irrespective of their legal form, meeting the following conditions:
« 1° The grouped wood and forests are located in a coherent geographical area from a forestry, economic and ecological point of view and constitute a set of management of at least three hundred hectares or, if it gathers at least twenty owners, of at least one hundred hectares. In mountain areas, the regional forest and wood program can fix a different minimum area when the management set is at least twenty owners;
« 2° A diagnostic document, drafted by a forest expert, a professional forest manager, a forestry cooperative corporation or any competent territorial engineering professional, whose minimum content is defined by decree, justifies the consistency of the territory and outlines the management modalities and the conditions for monitoring the achievement of the objectives assigned to this management;
« 3° The owners concerned must have adopted a simple management plan, under the conditions set out in Article L. 122-4, and undertake to implement management modalities in accordance with those described in the diagnosis referred to in 2° of this I.
"II.-In the context of the forest economic and environmental interest group, it is proposed to the owners the establishment of a management mandate with a forest manager, who may be a forest expert, a professional forest manager or a forest cooperative corporation, and projects for the marketing of their woods, including through reconductable, annual or multi-year supply contracts, for products that warrant it.
"III.-Whatever the legal form of the forest economic and environmental interest group, when one or more of the properties the grantor is managed by a joint forest management and exploitation organization, the forest management and development organization provides a simple opinion on the management mandate and the marketing projects referred to in II. In the event of an explicit unfavourable opinion, they are not offered to forest owners adhering to the organization.
"IV.-Recognition and removal of the quality of a group of economic and environmental interests are decided by the competent administrative authority of the State, according to the terms provided by decree.
"Art. L. 332-8.-The owners of the forest economic and environmental interest group are required to implement the simple management plan or part of a simple management plan that concerns their property and remain personally responsible for the implementation of their management.
"They can benefit from increases in the allocation of public aids whose objectives correspond to the purposes of the simple management plan that is applicable to them.
"If the simple management plan is not applied for a surface not less than half of all areas included in the forest economic and environmental interest grouping, the quality of forest economic and environmental interest grouping may be removed.
"The inclusion of all or part of a property within a forest economic and environmental interest group does not open the right to the owner or owner of the hunting right on areas less than the minimum area mentioned in theArticle L. 422-13 of the Environmental Code form opposition to the title of the 3rd of Article L. 422-10 of the same code. » ;
4° The 5th of Article L. 321-1 is as follows:
« 5° Accrediting simple management plans, under the conditions set out in sections L. 312-2 to L. 312-10, to approve the standard management regulations, under the conditions set out in section L. 313-1, and approving the programs of the cuts and work of members to the codes of good forestry practices provided for in sections L. 124-2 and L. 313-3; » ;
5° Article L. 331-19 is amended as follows:
(a) The second preambular paragraph reads as follows:
"The seller is required to notify the owners of the contiguous wooded plots referred to in the first paragraph of the price and conditions of the planned assignment, by registered letter with request for notice of receipt, to the address recorded in the cadastre or by re-entry. When the number of notifications is equal to or greater than ten, the seller may make public the price and conditions of the assignment projected by way of a month's display in town hall and publication of a notice in a legal notice log. » ;
(b) The last two paragraphs are as follows:
"The right of preference is no longer enforceable to the seller in the absence of the realization of the sale resulting from a failure of the buyer within four months of the receipt of the declaration of exercise of that right under the conditions mentioned in the third paragraph.
"This right of preference is exercised subject to the right of pre-emption, and the consequent surrender, provided for the benefit of legal persons charged with a public service mission by the Rural Code and Maritime Fishing or by urban planning code.
6° Section L. 331-21 is amended as follows:
(a) The 8th is thus written:
« 8° On a property with one or more plots classified as wood cadastre and one or more other property built or not; » ;
(b) It is added a 9° as follows:
« 9° For the benefit of a quarry operator or a quarry landowner, where the plot is located in or adjacent to an operating area determined by prefectural order. » ;
7° Chapter I of title III of Book III is supplemented by section 6 as follows:
“Section 6
"Prerogatives of the municipalities and the state
"Art. L. 331-22.-In the event of sale of a property classified as a cadastre in kind of wood and forests and a total area of less than four hectares, or without limitation of area where the seller is a public person whose woods and forests fall under the forest regime pursuant to 2° of I of Article L. 211-1, the commune in the territory of which the property is located and which has a contiguous plot referred to a document
"The seller is required to notify the mayor of the price and conditions of the sale projected by registered letter with request for notice of receipt. The mayor has a period of two months from the notification to inform the seller that he exercises the right of pre-emption of the municipality at the price and conditions specified.
"The right of preference under Article L. 331-19 is not applicable.
"Art. L. 331-23.-In the event of sale of a property classified as a cadastre in kind of wood and forests and of a total area less than four hectares, the State enjoys a right of pre-emption if a forest adjoins the plot for sale. The sales officer informs the state representative in the department. In case of silence for three months, the State is deemed to give up its right. The exercise of its right of pre-emption by the State deprives of effect the rights of preference and pre-emption defined in articles L. 331-19 to L. 331-22.
"Art. L. 331-24.-In the event of sale of a property classified as a cadastre in kind of wood and forests and of a total area of less than four hectares, the municipality on the territory of which the property is located enjoys a preferential right. The municipality enjoys the same right in the event of the sale of indivis rights or real rights of enjoyment relating to that property.
"The seller is required to notify the mayor of the price and conditions of the sale projected by registered letter with request for notice of receipt. The mayor has a period of two months from the notification to inform the seller that he exercises the right of preference of the municipality at the price and conditions specified.
"When one or more owners of plots adjacent to the property exercise the right of preference set out in Article L. 331-19, the seller freely chooses to whom to dispose of the property.
"The right of preference does not apply in the cases listed in section L. 331-21.
"The right of preference is no longer enforceable to the seller in the absence of realization of the sale within two months of receipt of the declaration of exercise of that right.
"It is zero any sale operated in violation of the right of preference of the commune. The action in nullity is prescribed by five years.
"Woods and forests acquired under the conditions set out in this Article shall be subject to the forest regime provided for in Article L. 211-1 upon expiry of a period of five years from their incorporation into the communal domain. » ;
8° Section L. 341-2 is amended as follows:
(a) At the beginning of the first paragraph, the mention is added: "I.-";
(b) At 1°, the words: "or pacing" are replaced by the words: ", pacing or pasting";
(c) It is added a II as follows:
"II.-The defraud for the reopening of pastoral spaces is authorized after the representative of the State in the department has submitted, for opinion, the project to the commission of the preservation of the natural, agricultural and forestry spaces provided for in theArticle L. 112-1-1 of the Rural and Maritime Fisheries Code. This notice is deemed favourable if it did not intervene within one month of the referral of the commission. » ;
9° Article L. 341-6 is amended as follows:
(a) The first three preambular paragraphs are replaced by two preambular paragraphs:
"The competent administrative authority of the State shall subject its authorization to one or more of the following conditions:
« 1° The execution, on other land, of afforestation or reforestation work for a surface corresponding to the cleared surface, together with, where appropriate, a multiplier coefficient between 1 and 5, determined according to the economic, ecological and social role of wood and forest objects of clearing, or other forestry improvement work of an equivalent amount. The representative of the State in the department may require that the compensatory afforestation be carried out in the same forest mass or in an environmentally or socially comparable sector; » ;
(b) The 3°, 4° and 5° respectively become the 2°, 3° and 4°;
(c) The last paragraph is replaced by two subparagraphs:
"The competent administrative authority of the State may also condition its authorization for the conservation on the ground of wooded reserves sufficiently important to fulfil the utilitarian roles defined in Article L. 341-5.
"The applicant may perform an obligation referred to in 1° of this section by providing the Forest and Timber Strategic Fund with an equivalent allowance, the amount determined by the administrative authority and is notified to the applicant at the same time as the nature of that obligation. » ;
10° In article L. 341-7, the words: "the one provided by title I" are replaced by the words: "the ones provided for in title I and chapter V of title V";
11° At the beginning of article L. 341-9, it is added a paragraph as follows:
"When the authorization for defraud is subject to one of the conditions referred to in 1° of Article L. 341-6, the holder of that authorization shall have a maximum period of one year from the notification of the obligation to which he is required to transmit to the administrative authority an act of undertaking the work to be carried out or to pay to the Forest and Timber Strategic Fund an equivalent compensation. Otherwise, compensation shall be assessed under the conditions provided for the claims of the foreign State to the tax and the estate, unless it renounces the planned defraud. » ;
12° Article L. 341-10 is as follows:
"Art. L. 341-10.-LArticle L. 171-8 of the Environmental Code is applicable to the owner who has not made the plantation or seed necessary for the recovery of land in kind of wood and forests provided for in sections L. 341-6, L. 341-8 and L. 341-9 of this Code, within the time limit prescribed by the administrative decision. » ;
13° At the 4th of Article L. 342-1, the word "20" is replaced by the word "30";
14° Article L. 363-5 is supplemented by a paragraph as follows:
"These penalties are also applicable in the event of the continuation of a deferment notwithstanding the decision of the administrative court to declare the suspension or stay of the deferment authorization. »
After article L. 331-4 of the same code, an article L. 331-4-1 is inserted as follows:
"Art. L. 331-4-1.-I.-Any forest group referred to in Article L. 331-1 that raises capital from investors in order to invest them, in the interest of the investors and in accordance with an investment policy that the group or its management company defines, is a forest investment group. This grouping is subject toArticle L. 214-24 of the Monetary and Financial Code.
"II.-The offer to the public of its social shares by a forest investment group is subject to articles L. 214-86 to L. 214-113 of the same code and complies with the following conditions:
« 1° The maximum capital of the group, as set by its statutes, must be subscribed by the public within two years of the opening date of the subscription. Otherwise, the grouping is dissolved and its partners are reimbursed for the amount of their subscription;
« 2° The General Meeting of Partners approves simple wood and forest management plans held by the forest group;
« 3° The assets of the forest grouping consist, on the one hand, of wood or forests, of bare woodland and inseparable wood and forests accessories and outbuildings and, on the other, of liquidity or assimilated values.
"III.-The forest group referred to in II is subject to Articles L. 231-8 to L. 231-21 of the monetary and financial code.
"IV.-For the application of the articles L. 321-1, L. 411-1 to L. 412-1, L. 621-1, L. 621-8 to L. 621-8-3 and I of the article L. 621-9 the monetary and financial code, the shares of the forest investment groups are equivalent to financial instruments.
"V.-For the application of articles L. 621-5-3, L. 621-5-4 and L. 621-8-4 the monetary and financial code, forest investment groups are considered to be collective investment organizations.
"VI.-The general regulation of the Autorité des marchés financiers specifies the conditions for the exercise of the forest group management activity under this section. »
In the first paragraph of the second paragraph of Article 199 decies H of the General Tax Code, the words "to the article" are replaced by the reference "to the second part of the article".
The general code of public ownership is thus amended:
1° Article L. 1123-1 is amended as follows:
(a) In the first sentence of 2°, the words: "the land taxes have not been paid or paid" are replaced by the words: "the land tax on built properties has not been paid or paid";
(b) It is added a 3° as follows:
« 3° These are immovables that do not have a known owner, which are not subject to the land tax on built properties and for which, for more than three years, the land tax on unbuilt properties has not been paid or paid by a third party. This 3° is not an obstacle to the application of the civil law rules relating to the prescription. » ;
2° Section 2 of chapter III of Part I, title II, is supplemented by an article L. 1123-4, which reads as follows:
"Art. L. 1123-4.-The acquisition of the buildings referred to in 3° of Article L. 1123-1 shall be carried out in the following manner.
"On 1 March of each year, the land tax centres report to the representative of the State in the department the buildings meeting the conditions set out in the same 3°. By 1 June of each year, the representative of the State in the department stops the list of these buildings by commune and transmits it to the mayor of each municipality concerned. The representative of the State in the department and the mayor of each municipality concerned shall publish and post this order and, where appropriate, notify the last domicile and residence of the last known owner. A notification shall also be sent, if the building is inhabited or operated, to the inhabitant or operator and to the third party who paid the land taxes.
"The second paragraph of this section is applicable where land taxes are exempted or are not recovered under the application ofArticle 1657 of the General Tax Code.
"In the event that an owner has not made himself known within six months of the completion of the last of the advertising measures referred to in the second paragraph of this section, the building is presumed to be without master. The representative of the State in the department notifies this presumption to the mayor of the commune in which the property is located.
"The commune in which this property is located can, by deliberation of the municipal council, incorporate it into the communal domain. This is recognized by the mayor's order. If no deliberation takes place within six months of the notification of the alleged vacancy of the property, the property of the property is assigned to the State. The transfer of property in the field of the State is found by decree of the representative of the State in the department.
"Woods and forests acquired under the conditions set out in this Article shall be subject to the forest regime provided for in this ArticleArticle L. 211-1 of the Forest Code at the expiry of a five-year period from incorporation to the communal domain or transfer in the field of the State. In this period, any land operation may be undertaken. » ;
3° Article L. 3211-5 is supplemented by a paragraph as follows:
"The woods and forests acquired by the State pursuant to Article L. 1123-4 are subject to the first paragraph of this article from the date on which the forest regime of theArticle L. 211-1 of the Forest Code is applied to them. » ;
4° At the beginning of Article L. 5241-1, the words: "The last" are replaced by the words: "The penultimate."
I.- Title VI of Book I of the Forest Code is amended as follows:
1° The second paragraph of Article L. 161-7 is as follows:
"The officers referred to in the 2nd of Article L. 161-4 may seek and observe the offences under title III of this book and the regulations made for its application in all woods and forests, regardless of their property regime. » ;
2° In the first paragraph of Article L. 161-8, the word "managed" is replaced by the words "related to the forest regime or contractually managed";
3° In the first paragraph of Article L. 161-26, the reference "L. 161-21" is replaced by the reference "L. 161-22".
II.-The Code of Criminal Procedure is amended as follows:
1° Section 4 of Chapter I of Book I is amended as follows:
(a) The title of paragraph 1 reads as follows: "Public servants and agents authorized to search for forest offences";
(b) Articles 22 to 24 are thus drafted:
"Art. 22.-The officers of the State Forest Services, the officers in service at the National Forestry Office and the public establishment of the Chambord National Area, who were commissioned on the basis of their forestry skills and sworn in for this purpose, the field guards and municipal police officers exercise their powers of judicial police in accordance with Chapter I of title VI of the Forest Code I.
"Art. 23.-The persons referred to in Article 22 may be required by the prosecutor of the Republic, the investigating judge and the judicial police officers to assist them.
"Art. 24.-In addition to the competencies referred to in Article 22 of this Code and toArticle L. 521-1 of the Internal Security Code, the field guards seek and note by record the offences and contraventions that affect the properties in the communes for which they are sworn, under the same conditions as those set out, in respect of forest offences, articles L. 161-14 to L. 161-18 of the forest code and, in environmental matters, to theArticle L. 172-8 of the Environmental Code.
(c) Articles 25 and 26 are repealed;
2° Chapter II of title I of the same book is amended as follows:
(a) At the end of the first sentence of Article 34 and the first paragraph of Article 39, the words ", without prejudice to the provisions of Article 105 of the Forest Code and Article 446 of the Rural Code" are deleted;
(b) After the word: "completed", the end of the second paragraph of section 45 is as follows: "by the regional director of the forest administration or by the official that he designates, unless the public prosecutor considers it appropriate to carry out these functions. » ;
3° In the last paragraph of section 546, the words: "Water and Forest Administration" are replaced by the words: "From the Regional Director of the Forest Administration".
Article L. 221-3 of the Forest Code is supplemented by a 4° as follows:
« 4° The conditions under which the National Forestry Board contributes to the implementation of public policies relating to forest and environment management in forest-related wood and forests under the forest regime when it does not fall within the mandates set out in this chapter. »
I. - Sub-section 3 of chapter IV, section 3, title II, of Book IV of Part IV of the General Code of Territorial Communities is supplemented by an article L. 4424-33-1 as follows:
"Art. L. 4424-33-1. - As part of its competence in the agricultural and forestry fields by Article L. 4424-33, the territorial community of Corsica is competent in the production and multiplication of forest plants and other plants. »
II. - The transfer to the territorial authority of Corsica of the jurisdiction referred to in Article L. 4424-33-1 of the general code of territorial authorities comes into force on January 1, 2015. The expenses resulting from the transfer to the territorial authority of Corsica are compensated under the conditions provided for in Article L. 4425-2 of the same code, after deduction of the resource increases resulting from the transfer.
III. - Services or parts of the departments responsible for the exercise of the jurisdiction transferred to the territorial community of Corsica in the fields of the production and multiplication of forest plants and other plants, pursuant to Article L. 4424-33-1 of the said Code, shall be transferred to the territorial community of Corsica in accordance with the terms and conditions provided for in the Title V of Act No. 2004-809 of 13 August 2004 relating to local freedoms and responsibilities, subject to this III.
The jobs filled as of December 31, 2014 are transferred to the territorial community of Corsica.
If there is no agreement referred to in III of Article 104 of Act No. 2004-809 of 13 August 2004 referred to above Following a three-month period from the date of entry into force of this Act, the list of services or parts of services made available shall be prepared by joint order of the Ministers responsible for territorial, agricultural, agri-food and forest communities.
By derogation fromArticle L. 4422-43 of the General Code of Territorial Communities, State officials assigned to the exercise of this jurisdiction may opt either for the status of a territorial civil servant or for the maintenance of the status of a state official within one year of the date of publication of the decree in the Council of State fixing the final transfer of the services of the Ministry of Agriculture, Agri-Food and Forestry.
Officials opting for the status of territorial civil servants are integrated into the equivalent employment of the territorial public service. Officials opting to maintain the status of State civil servants are detached without limitation of duration in the context of equivalent employment in the territorial public service. Officials who have not made their choices known at the expiry of the option period shall be detached from office without limitation of duration in the context of equivalent jobs.
When the right of option is exercised before 31 August of a year, the agent's integration or detachment and the resulting right of compensation shall take effect from 1 January of the following year.
Where the same right of option is exercised between September 1 and December 31 of a year, the integration or detachment of the agent and the resulting right of compensation shall take effect only as of January 1 of the second year following the exercise of that right.
Where the same right of option is not exercised, the officer's detachment and the resulting right of compensation shall only take effect from January 1st of the year following the end of the period of exercise of the right of option, when the latter is between January 1 and August 31st, or January 1st of the second year following the end of the period of exercise of the right of option between September 1 and September 31st, when the latter is
The modalities for the implementation of the transfer of services are specified by decree in the Council of State.
I. - The placing on the market of wood and wood products is subject to the obligations defined by Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 establishing the obligations of the operators who put wood and wood products on the market and by the Regulation of execution (EU) No 607/2012 of the Commission of 6 July 2012 on the modalities of application relating to the system of diligence, as well as to the regulation of nature
II. - Monitoring and monitoring of compliance with the provisions of this article and the provisions thereof shall be carried out by the officers referred to in the III, under the conditions provided for in this article Articles L. 171-1 to L. 171-6 of the Environmental Code.
If one of these officers finds a breach of the provisions of Article 4 or paragraph 1 of Article 6 of Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 referred to above or to those of Articles 2, 3, 4 or 5 of the Implementing Regulations (EU) No 607/2012 of the Commission, of 6 July 2012, referred to above, the administrative authority shall take the necessary interim measures, in accordance with
If, at the expiry of this period, the administrative authority may:
1° Suspend the operation of the company or the exercise of the activities occasion of the failure and, where appropriate, take the necessary precautionary measures, at the expense of the person in question;
2° Order the payment of a fine equal to 15,000 € and a daily allowance equal to 1,500 € applicable from the notification of the decision setting it and to the satisfaction of the stay. The embrace enjoys a privilege of the same rank as that provided for in theArticle 1920 of the General Tax Code. It is carried out its recovery as in respect of the claims of the foreign state to the tax and the estate. The accountant may initiate the notice procedure to third party holders provided for in theArticle L. 263 of the Tax Procedures Book. The opposition to the enforceable state made pursuant to a decision setting a daily violation is not suspensive.
In the event of the implementation of the third to fifth paragraphs of this II, the articles L. 171-9, L. 171-10 and L. 171-11 environmental code applies.
III. - Are entitled to investigate and note the offences of Regulation (EU) No. 995/2010 of the European Parliament and of the Council of 20 October 2010 referred to above and the Implementing Regulations (EU) No. 607/2012 of the Commission of 6 July 2012 referred to above and repressed to this article, as well as the offences provided for in the articles 441-1 and 441-2 the Criminal Code, where the acts have been committed with the aim of obstructing the provisions of the same regulations, in addition to judicial officers and police officers:
1° Under the conditions set out in title VI of Book I of the Forest Code, the agents mentioned in the 1st of Article L. 161-4 of the same Code and other officials or agents not holders of the State commissioned for this purpose by the Minister for Forests, because of their competence, and sworn;
2° Under the conditions set out in Chapter II of Title VII of Book I of the Environmental Code, environmental inspectors referred to in Article L. 172-1 of the same Code.
IV. - The fact of placing on the wood or derivatives market without having adopted a system of due diligence within the meaning of Article 6 of Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 referred to above or without having respected the system of due diligence adopted to reduce the risk that this wood comes from an illegal harvest is punished by two years imprisonment and 100,000 € of fine.
V. - The fact of placing on the market, unaware of Article 4, paragraph 1, of Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 referred to above, woods or products derived from these woods derived from an illegal harvest within the meaning of Article 2 of the Regulations is punishable by two years of imprisonment and 100,000 € of fine.
VI. - The commission of the offences referred to in this article in organized band, within the meaning ofArticle 132-71 of the Criminal Code, is punished by seven years imprisonment and 500 000 € fine. Title XXV of the Code of Criminal Procedure applies.
VII. - The failure to comply with the decision to suspend the operation of the company or to carry out the activities carried out under the II is punishable by two years of imprisonment and 100,000 € of fine.
VIII. - Failing the functions of officials and officials authorized to carry out administrative oversight or investigation and finding of offences under the II and III of this article shall be punished by the penalties provided for in Article L. 163-1 of the Forest Code.
IX. - Legal persons declared criminally liable under the conditions provided for in theArticle 121-2 of the Criminal Codean offence referred to in this article shall, in addition to the fine provided for in article 131-38 of the same code, be liable to the penalties provided for in 2° to 9° of article 131-39 of that Code.
X. - The registered associations mentioned in theArticle L. 141-1 of the Environmental Code may exercise the rights recognized to the civil party in respect of the facts of direct or indirect harm to the collective interests they have in order to defend and constitute an offence to the provisions of the regulations referred to in I of this article.
Before the last paragraph of Article L. 171-1 of the Rural and Maritime Fisheries Code, a paragraph is inserted to read as follows:
"The National Council of Agricultural and Forestry Land Expertise may, before all jurisdictions, exercise all civil rights in respect of facts that directly or indirectly prejudice the collective interest of the profession. »
Article 1396 of the General Tax Code is supplemented by a sentence as follows:
"When it concerns properties in the wood and forests cadastre, and its total amount per role item is below the threshold set out in 2 of Article 1657, a triennial recovery may be organized under conditions provided by decree. »
In the second sentence of Article L. 122-4 of the forest code, after the word "management", the word "coordinated".
Chapter II of title III of Book II of Part 5 of the Public Health Code is supplemented by an article L. 5232-5 as follows:
"Art. L. 5232-5.-Procurement boards sold on the French market cannot present volatile organic compounds higher than the thresholds set by decree. »
After the word "forester", the end of the seventh paragraph of Article L. 130-1 of the urban planning code is thus drawn up: ", of a model regulation of management approved in accordance with Articles L. 124-1 and L. 313-1 of the same code or of a program of cuts and works of a member to the code of good forestry practices approved under Article L. 124-2 of the said code; "
Within six months of the promulgation of this Act, the Government shall submit to the Parliamentary Assembly Office a report on the rules applicable to the export and import of timber and wood-produced products, including the phytosanitary conditions in which they are conducted, assessing the monitoring and control mechanisms affecting them and indicating the measures to be taken to strengthen them. This report is based on the analysis of statistical data on foreign trade in wood products over the past five years.
At the beginning of Title VIII of Book I of the Rural Code and Maritime Fisheries, a chapter I is added to this text:
“Chapter I A
" Objectives of the policy for agriculture, food and forest in the overseas regions
"Art. L. 181-1.-A.-In addition to those defined in Article L. 1, the policy in favour of agriculture, food and forest in the overseas regions is intended to:
« 1° To ensure, at the territorial level, the definition and coherence of agricultural development policies, in consultation with consular chambers, professional bodies, territorial authorities and the State;
« 2° To consolidate traditional export agriculture, to strengthen the development of diversification sectors and to support food agriculture;
« 3° To support agricultural, agro-industrial, halio-industrial and aquaculture economic development;
« 4° To assist the installation of young farmers by promoting their access to land and improved financing and by facilitating operational transmissions;
« 5° To promote the satisfaction of local food demand through local productions and to ensure the coordination of communication and promotion actions related to local productions;
« 6° To encourage the provision of solutions or methods to combat enemies of cultures adapted to ultramarine phytosanitary contexts;
« 7° To promote and modernize traditional agricultural productions through research and innovation;
« 8° To contribute to the protection and development of wood and forests, as well as to the development of wood and non-wood forest products under sustainable management conditions. »
I.-The third paragraph of Article L. 111-2-1 of the Rural and Maritime Fisheries Code is deleted.
II.- Title VIII of Book I of the same code is amended as follows:
1° Before Chapter I A, in its drafting under section 83 of this Act, articles L. 180-1 and L. 180-2 are added as follows:
"Art. L. 180-1.-In Guadeloupe, Guyana, Martinique, La Réunion and Mayotte, actions related to agricultural development, agro-industrial development, halio-industrial and rural development that are primarily the subject of State interventions are specified in two regional plans, in accordance with the guidelines determined by the strategic direction and agricultural development committees mentioned in Article L. 181-25:
« 1° The regional plan for sustainable agriculture referred to in Article L. 111-2-1, whose priorities include the development of the sectors to ensure their access to markets, support for small family farming, food farming and the installation of farmers, the preservation of agricultural and forestry land, the development of renewable energy and the promotion of the establishment of economic and environmental interest groups within the meaning of Article L. 315-1. This plan details the specific or complementary actions carried out by the State taking into account the guidelines set out in this regard by the regional planning scheme;
« 2° The regional plan for teaching, training, research and development, which defines guidelines and actions for agricultural, agro-industrial, halio-industrial and rural development to be implemented by the institutions concerned by integrating the networks of innovation and agricultural transfer and taking into account the guidance of the regional project of agricultural education referred to in Article L. 814-5.
"Art. L. 180-2.-I.-For the application in Guadeloupe, Guyana, La Réunion and Mayotte of Article L. 111-2-1:
« 1° The first sentence of the second subparagraph reads as follows:
“ “ The plan outlines actions that will be the focus of interventions by the State and the competent community on agricultural development. “ ;
« 2° In the second sentence of the second paragraph, the words: “that the State and the regions lead” are replaced by the words: “that the State and the competent community in agricultural development lead”;
« 3° The beginning of the third preambular paragraph is as follows: “The representative of the State and the president of the competent agricultural development community shall jointly lead the preparation of the plan by involving the other territorial authorities, the agricultural chamber and all agricultural professional organizations and representative agricultural trade union organizations; They take into account... (the rest without change). “ ;
« 4° In the fourth paragraph, the words “of the regional council” are replaced by the words “of the competent community in agricultural development”.
"II.-For the Martinique application of Article L. 111-2-1:
« 1° The first sentence of the second subparagraph reads as follows:
“ “ The plan outlines actions that will be the focus of interventions by the state and the local authority of Martinique. “ ;
« 2° In the second sentence of the second paragraph, the words “that the State and the regions lead” are replaced by the words “that the State and the territorial community of Martinique lead”;
« 3° The beginning of the third preambular paragraph is as follows: “The representative of the State and the President of the Executive Council of Martinique jointly lead the preparation of the plan by involving the other territorial authorities, the Chamber of Agriculture and all agricultural professional organizations and representative agricultural trade union organizations; They take into account... (the rest without change). “ ;
« 4° In the fourth paragraph, the words “of the regional council” are replaced by the words “of the territorial community of Martinique”. » ;
2° Chapter I is amended to read:
(a) Section L. 181-17 is amended as follows:
- in the first sentence, the words: "sale or rent" are replaced by the words: "voluntary division, in ownership or in enjoyment,"
-the second sentence is supplemented by the words: "or their signature concerning acts under private seing";
(b) Is added a section 5 as follows:
“Section 5
"Agricultural, agro-industrial, halio-industrial and rural development
"Art. L. 181-25.-In Guadeloupe, in Guyana, in Martinique, in La Réunion and in Saint-Martin, the committee for strategic direction and agricultural development is responsible, in consultation with the consular chambers and agricultural professional organizations and taking into account the guidelines agreed within the board of directors and the sectoral committees of the establishment created pursuant to Article L. 681-3, to define a policy of agricultural development, agro-industrial
“It is chaired jointly by:
« 1° The representative of the State in the department and the president of the regional council in Guadeloupe;
« 2° The representative of the State in the department and the president of the General Council at La Réunion;
« 3° The representative of the State in the territorial community and the president of the assembly of Guyane in Guyana;
« 4° The representative of the State in the territorial community and the president of the executive council of Martinique in Martinique;
« 5° The representative of the state in the overseas community and the president of the territorial council of Saint-Martin in Saint-Martin.
"It includes representatives of the State, territorial authorities, consular chambers, agricultural professional organizations, accredited environmental protection associations, and, where appropriate, representative organizations of the fisheries and aquaculture sectors, who are involved in the development of this policy.
"A decree specifies its skills, composition and operating rules. » ;
3° Section 1 of Chapter II is supplemented by an article L. 182-1-1 as follows:
"Art. L. 182-1-1.-Section L. 181-25 is applicable to Mayotte. For its application in Mayotte, the Strategic Orientation and Agricultural Development Committee is chaired jointly by the Prefect and the President of the General Council. »
III.-Le a de l. 461-5 du même code est compléter par un 3° ainsi écrit :
« 3° Non-exploitation of all or part of the property under consideration; "
IV.-The third paragraph of article L. 461-10 of the same code is supplemented by a sentence as follows:
"The lessor justifies that the recipient of the recovery meets the conditions of capacity or professional experience referred to in sections L. 331-2 to L. 331-5 or has been granted an authorization to operate under these provisions. »
V.-Book V of the same code is amended as follows:
1° Chapter I of title I is supplemented by section 7 as follows:
“Section 7
« Rooms of agriculture in Guadeloupe, Guyana, Martinique, La Réunion
"Art. L. 511-14.-In Guadeloupe, Guyana, Martinique and La Réunion, a contract of objectives and performance is established between the Chamber of Agriculture, the State, and the local authority(s) involved in financing the achievement of the objectives of this contract. The periodicity, the terms and conditions of development and the scope of application of objective and performance contracts are determined by decree.
"This objective and performance contract aims, among other things, to decline the orientations of the regional plan for sustainable agriculture defined in Article L. 180-1 and those set in this area by the regional development framework. It also aims to promote support and monitoring of economic and environmental groupings. It is submitted for advice to the committee referred to in section L. 181-25. » ;
2° Article L. 571-2 is supplemented by a paragraph as follows:
"A contract of objectives and performance is established between the Chamber of Agriculture, Fisheries and Aquaculture of Mayotte, the State and the Department of Mayotte. The periodicity, terms and conditions of development and scope of this contract, which is submitted to the committee referred to in section L. 182-1-1, shall be determined by decree. »
VI.-After article L. 681-5 of the same code, an article L. 681-5-1 is inserted as follows:
"Art. L. 681-5-1.-In Guadeloupe, Guyana, Martinique, La Réunion and Mayotte, the representative of the State encourages the organizations of the most representative producers at the local level to enter into negotiations with the aim of forming one or more inter-professional organizations under Article L. 681-8 or, if not, of the long-term inter-professional agreements provided for in Article L-24 or 631-1 These negotiations can lead to the establishment of a regional observatory for monitoring the structuring of the agricultural and agri-food sectors that meets periodically and which is managed by the committee referred to in Article L. 181-25. »
VII.-Book VII of the same code is amended as follows:
1° In the first paragraph of Article L. 762-6, in its writing resulting fromOrder No. 2012-789 of 31 May 2012 extending and adapting certain provisions of Rural Code and Maritime Fishing and other legislative provisions in Mayotte, the words "in Mayotte" are deleted;
2° Section L. 762-7, in its drafting resulting from the same order, is amended as follows:
(a) At the beginning of the penultimate paragraph, the words "A Mayotte" are replaced by the words: "In Guadeloupe, Guyana, Martinique, La Réunion, Mayotte, Saint-Barthélemy and Saint-Martin,";
(b) In the last paragraph, the reference to "previous paragraph" is replaced by the reference to "this section".
VIII.-The same code is amended as follows:
1° The 5th of Article L. 182-1 is repealed;
2° Articles L. 182-8 and L. 182-9 are repealed;
3° The 5th to 7th of Article L. 272-1s are repealed;
4° Articles L. 272-6 to L. 272-10 and L. 272-13 to L. 272-16 are repealed;
5° The 4th of Article L. 372-1 is repealed;
6° The 3rd of Article L. 571-1 is repealed;
7° The 3° and 4° of Article L. 681-1 are repealed;
8° In section L. 681-10, the words "and sections L. 654-28 to L. 654-34 are not applicable" are replaced by the words "is not applicable".
IX.-A at the end of first sentence of article 6 of Order No. 2011-864 of 22 July 2011 relative to the protection and development of agricultural land in overseas departments, the Department of Mayotte and Saint-Martin, the year: "2016" is replaced by the year: "2020".
X.-AArticle 4 of Act No. 2013-453 of 3 June 2013 aiming to guarantee the quality of the food supply in addition to the sea, after the word: "agriculture", are inserted the words: "and the food and food industry".
Title VIII of Book I of the Rural and Maritime Fisheries Code is amended as follows:
1° Section 2 of Chapter I is amended as follows:
(a) The title is thus written: "Agricultural Land Development";
(b) Is inserted a sub-section 1 entitled "Inculturate or manifestly sub-exploited lands provisions" and comprising sections L. 181-4 to L. 181-14;
(c) Is added a sub-section 2 as follows:
"Subsection 2
"Indivisional measures for the exploitation of agricultural goods
"Art. L. 181-14-1.-I.-By derogation frombefore last paragraph of Article 815-3 of the Civil Codethe person or persons holding at least two thirds of the indivisory rights on an agricultural property may, under the conditions set out in this section, enter into or renew a firm lease under Book IV, Title VI, of this Code.
"II.-When the property is not leased, they ask the land-use and rural settlement company or the land-operator who makes it necessary to make a call to lease applicants under conditions fixed by decree. The land development and rural establishment corporation or the land operator shall inform the owner(s) who are not required by this list of applications.
"III.-If they intend to renew a lease, the indivisaries referred to in I shall notify the other indivisaries of their intention or, if the identity or address of one or more of them is not known, shall ensure the advertisement under conditions defined by decree.
"IV.- Within three months of the publication or notification referred to in the II or III, any indivisary who does not consent to the lease or renewal of the lease may apply to the High Court for an application to the opposition for rent. The court, which decides in the form of the referees, is required to reject this application as long as it finds that the project is likely to promote the normal operation of the land and does not affect the applicant's rights excessively.
"V.-The share of the income of the lease returning, after payment of the debts and expenses of the indivisaries whose identity or address have remained unknown, shall be deposited with an authorized depositary to receive capital belonging to minors.
"Art. L. 181-14-2.-I.-By exception toArticle 815-5-1 of the Civil Code, where an indivis owner of an agricultural property intends to leave the indivision with a view to permit the maintenance, improvement or resumption of the operation of that property, he shall notify either a notary, or the land-use and rural establishment corporation or the land-based operator that holds the intention to dispose of the property.
"II.-If the author of the notification holds less than two thirds of the indivisory rights, the person in question shall give this intention to the other indivisaries within one month of the notification. If the identity or address of one of the indivisaries is unknown, it shall publish the intention of sale, under conditions established by decree.
"At the end of a three-month period from the date of the last service or publication, the notary, the land development and rural settlement corporation or the land operator shall establish a list of indivisaries who have given their agreement to the alienation of the property, those who have opposed it and those who have not manifested themselves.
"III.-Where the notification referred to in I is made by the indivisary or persons holding at least two thirds of the indivisory rights or if, at the end of the procedure provided for in II, the alienation of the property collects the agreement of the indivisaries holding at least two thirds of these rights, the notary, the land development society and rural establishment or the land operator unknown to others
"Any indivisary who opposes this alienation has a period of three months to apply to the High Court, which decides in the form of the referees, taking into account both the importance of the infringement of the applicant's rights and the interest of the operation in the exploitation of the property.
"IV.-When the indivisaries who have expressed their agreement hold less than two thirds of the indivisible rights and those who have expressed their opposition do not represent more than one quarter of those rights, the Court of Grand Instance may authorize the alienation of the indivisory property if it is in a way that promotes the normal exploitation of the property without causing excessive damage to the interests of the indivisors who have not expressly consented there.
"V.-The alienation is done by licitation. The purchaser must undertake to ensure or ensure the operation of the property for at least 10 years.
"The sums that are withdrawn cannot be re-employed except to pay the debts and expenses of the indivision. The share of persons whose identity or address has remained unknown is deposited with an authorized depositary to receive capital belonging to minors. The alienation made under the conditions set out in this article shall be subject to the indweller whose consent has failed, unless the intention to dispose of the property has not been published or has not been served on it under the conditions set out in II and III.
"VI.-When it is found, after an adversarial procedure intended to collect its observations and, where applicable, those of the operator, that the purchaser does not respect the commitment to exploit or operate the property for a period of at least 10 years, the prefect, after an implementation has remained unsuccessful after a period of six months, implements the procedure provided for in section 181-8. » ;
2° Chapter II, section 4, is supplemented by article L. 182-24-1, as follows:
"Art. L. 182-24-1.-Articles L. 181-14-1 and L. 181-14-2 apply to Mayotte. For the purposes of Article L. 181-14-2 in Mayotte, the reference: “L. 181-8” is replaced by the reference: “L. 182-16”.
3° Section 2 of chapter III is supplemented by an article L. 183-12 as follows:
"Art. L. 183-12.-Articles L. 181-14-1 and L. 181-14-2 apply to Saint-Barthélemy. For the purposes of the article L. 181-14-2 in Saint-Barthélemy, the reference: “L. 181-8” is replaced by the reference: “L. 183-5” and the word: “prefect” is replaced by the words: “State representative in Saint-Barthélemy”. » ;
4° Section 2 of chapter IV is supplemented by an article L. 184-14 as follows:
"Art. L. 184-14.-Articles L. 181-14-1 and L. 181-14-2 apply to Saint-Martin. For the purposes of the article L. 181-14-2 in Saint-Martin, the reference: “L. 181-8” is replaced by the reference: “L. 184-7” and the word: “prefect” is replaced by the words: “State representative in Saint-Martin”. »
I.-Section 1 of Chapter II of Book I of the Forest Code is supplemented by an article L. 122-1-1 as follows:
"Art. L. 122-1-1.-The regional programme of the forest and wood, referred to in Article L. 122-1, provides, in Guadeloupe, Guyana, Martinique and La Réunion, that the technical performance of the products derived from the transformation of wood in the construction be characterized and qualified, with a specific component of the species present in the overseas regions. »
II.-Chapter I of title V of Book I is supplemented by an article L. 151-3 as follows:
"Art. L. 151-3.-The permanent inventory of national forest resources takes into account the particularities of wood and forests in Guadeloupe, Guyana, Martinique, La Réunion, Mayotte, Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon. »
III.-Le titre VII du même livre Ier est ainsi modifié :
1° The second paragraph of Article L. 175-4 is supplemented by the words: "in accordance with the general interest objectives defined in Article L. 112-1";
2° Article L. 175-6 is amended as follows:
(a) In the first sentence of the second paragraph, the words "forestry products" are replaced by the words "wood" and the words: "on the regional forest orientations of the Department of Mayotte defined in Article L. 122-1 applicable to Mayotte and" are deleted;
(b) In the last paragraph, the words "forestry products" are replaced twice by the words "wood";
3° Article L. 175-7 is as follows:
"Art. L. 175-7.-For its application in Mayotte, article L. 122-1 is as follows:
“Art. L. 122-1.-The Forest and Timber Program of the Department of Mayotte adapts the directions and objectives of the National Forest and Timber Programme. It sets, by forest mass, economic, environmental and social priorities and translates them into objectives. It defines sustainable and multifunctional management criteria and associated indicators. It identifies forest massifs with priority issues for wood mobilization. It specifies the conditions necessary for the renewal of forested settlements, particularly with regard to sylvocynégétic balance. It defines the actions to be implemented in the department.
“ “ It is prepared by the Forest and Timber Commission of the Department of Mayotte, subject to public participation by the competent administrative authority of the State under the conditions provided for in the articles L. 120-1 and L. 120-2 the Environmental Code and Ordered by the Minister for Forests, after the advice of the President of the General Council.
“ “ The Forest and Timber Commission of the Department of Mayotte assesses the implementation of the forest and timber programme and proposes, if necessary, the necessary modifications. This report is forwarded to the Minister for Forests.
“ “ In all other provisions of this Code, for their application in Mayotte, the words: "regional forest and wood programme" are replaced by the words: "Forest and Wood Program of the Department of Mayotte. “”
4° After the second occurrence of the word "Mayotte", the end of article L. 175-8 is deleted;
5° Article L. 176-1 is amended as follows:
(a) At 1°, after the word "articles", the reference is inserted: "L. 111-2",
(b) After the 2°, it is inserted a 2° bis as follows:
"2° bis Article L. 113-2; » ;
(c) The 3rd is thus written:
« 3° Articles L. 122-1, L. 122-7 and L. 122-8 and the second paragraph of Article L. 122-9; » ;
6° Articles L. 176-2 and L. 176-3 are repealed;
7° The 1st of Article L. 177-1 is repealed;
8° In the first sentence of the second paragraph of Article L. 177-2, the words: "forest products" are replaced by the words: "wood" and the words: "on the forest territorial orientations defined in Article L. 122-1 applicable to Saint-Martin and" are deleted;
9° Article L. 177-3 is as follows:
"Art. L. 177-3.-For its application in Saint-Martin, article L. 122-1 is as follows:
“Art. L. 122-1.-The territorial forest and wood programme adapts the directions and objectives of the national forest and wood programme. It is drafted by the Territorial Forestry and Timber Commission and arrested by the Minister for Forests, after the advice of the President of the Territorial Council. “”
10° The 1st of Article L. 178-1 is repealed;
11° In the first sentence of the second paragraph of Article L. 178-2, the words: "forest products" are replaced by the words: "wood" and the words: "on the forest territorial orientations defined in Article L. 122-1 applicable to Saint-Pierre-et-Miquelon as well as" are deleted;
12° Article L. 178-3 is as follows:
"Art. L. 178-3.-For its application in Saint-Pierre-et-Miquelon, article L. 122-1 is as follows:
“Art. L. 122-1.-The territorial forest and wood programme adapts the directions and objectives of the national forest and wood programme. It is drafted by the Territorial Forestry and Timber Commission and arrested by the Minister for Forests, after the advice of the President of the Territorial Council. “”
13° Articles L. 176-7, L. 177-4 and L. 178-4 are thus amended:
(a) The 1° and 2° are thus written:
« 1° The reference to the “regional forest and wood programme” is replaced by the reference to the “territorial forest and wood programme”;
« 2° The reference to the “regional forest and wood commission” is replaced by the reference to the “territorial forest and wood commission”;
(b) The third is repealed;
14° Chapter IX is thus amended:
(a) The title is thus written: "French Polynesia and French Southern and Antarctic Lands";
(b) Articles L. 179-2 are added to L. 179-4 as follows:
"Art. L. 179-2.- shall be entitled to seek and observe criminal offences against the legal provisions in force in French Polynesia in respect of forest and soil regimes, under the conditions mentioned in Articles L. 161-12 to L. 161-21 which are applicable in French Polynesia subject to the modifications provided for in Article L. 179-3:
« 1° The agents of French Polynesia, commissioned on the basis of their technical competence by the president of French Polynesia, after being approved by the high commissioner of the Republic and the prosecutor of the Republic, and sworn;
« 2° Municipal police officers.
"Art. L. 179-3.-For the application in French Polynesia of articles L. 161-12 to L. 161-21:
« 1° Article L. 161-12 is as follows:
“Art. L. 161-12.-The original record of the record of forest offences shall be transmitted, within five days of the date of its closing, by the agents referred to in Article L. 179-2 to the prosecutor of the Republic. “ ;
« 2° At the end of the 2°, the words: “Regional Director of Forest Administration” are replaced by the words: “Chief of the Territorial Authority for Forests”;
« 3° In Article L. 161-19, the words: “on the same day, or at the latest on the first working day that follows” are replaced by the words: “in the next three days”;
« 4° In the first sentence of the first paragraph of Article L. 161-21, the word “5” is replaced by the word “15”.
"Art. L. 179-4.-The act of obstructing or obstructing the performance of the duties of the agents referred to in Article L. 179-2 shall be punished by the penalties provided for in Article L. 163-1 subject to the expression of the amount of the fine in its applicable equivalent in local currency. »
IV.-Section L. 276-2 of the same code is repealed.
V.-The title VII of Book III of the same code is amended as follows:
1° In chapter I, an article L. 371-1 is inserted as follows:
"Art. L. 371-1.-In Guadeloupe, the missions assigned by this code to the National Centre for Forest Property are carried out by the Regional Centre for Forest Property or, where it has not been established, by the Prefect, following the advice of the Regional Commission for Forest and Wood. » ;
2° After the words: "are exercised", the end of Article L. 372-2 is thus written: "by the regional centre of forest property or, when it was not constituted, by the prefect, after the advice of the regional commission of forest and wood. » ;
3° In chapter III, an article L. 373-1 is inserted as follows:
"Art. L. 373-1.-In Martinique, the missions assigned by this Code to the National Centre for Forest Property are carried out by the Regional Centre for Forest Property or, where it has not been established, by the Prefect, after the advice of the Regional Forestry and Timber Commission. » ;
4° Chapter IV is supplemented by section 4 as follows:
“Section 4
" Missions assigned to the National Centre for Forest Property
"Art. L. 374-10.-A The Meeting, the missions assigned by this Code to the National Forestry Property Centre are carried out by the Regional Forestry Property Centre or, where it has not been established, by the Prefect, following the advice of the Regional Forestry and Timber Commission. » ;
5° After the words: "are exercised", the end of article L. 375-1 is thus written: "by the regional centre of forest property or, when it was not constituted, by the prefect, after the advice of the forest and wood commission of the Department of Mayotte. »
I.- Title VIII of Book I of the Rural and Maritime Fisheries Code is amended as follows:
1° The title of chapter I is thus written: " Guadeloupe, Guyane, Martinique, La Réunion";
2° In the second paragraph of Article L. 181-1, the words "consumption of agricultural spaces" are replaced by the words "preservation of natural, agricultural and forestry spaces";
3° After L. 181-1, an article L. 181-1-1 is inserted as follows:
"Art. L. 181-1-1.-In Guadeloupe, Guyana, Martinique, La Réunion and Mayotte, by derogation from Article L. 112-2, after the representative of the State has received the proposal or agreement to establish a protected agricultural area, after deliberations of the territorially competent authorities, and in accordance with the provisions provided for in the first paragraph of Article L. 112-2, the definition of the perimeter of the area and the development of its by-law shall fall within the scope of the provisions. In the event of disagreement, the representative of the State may request the opinion of the commission referred to in Article L. 112-1-1 before making its decision. » ;
4° The first sentence of Article L. 181-2 is amended as follows:
(a) The words: "consumption of agricultural spaces" are replaced by the words: "preservation of natural, agricultural and forestry spaces";
(b) The words: "agricultural surfaces" are replaced by the words: "natural, agricultural and forestry surfaces";
5° Section L. 181-3 is amended as follows:
(a) In the first paragraph, the words: "reducing agricultural land" are replaced by the words: "reducing natural surfaces, agricultural surfaces and forest surfaces";
(b) After the first preambular paragraph, a sub-item reads as follows:
"To carry out this mission, the members of the commission shall, upon completion, receive all the impact studies carried out in the department pursuant to the articles L. 110-1, L. 110-2 and L. 122-6 Environmental code. The same applies to environmental assessments carried out in the department pursuant to articles L. 121-11 and L. 121-12 urban planning code. » ;
6° Article L. 181-24 is amended as follows:
(a) The reference: "this title" is replaced by the reference: title IV;
(b) It is added a paragraph to read:
"When exercising the skills in rural land development entrusted by this book to land-use societies and rural establishments, the public establishment referred to in the first paragraph of this article consults a commission, whose composition, set by decree, includes the categories of members referred to in 1° of II of Article L. 141-6. » ;
7° Chapter I is supplemented by section 6 as follows:
“Section 6
"Specific provisions for Martinique and Guyana
"Art. L. 181-26.-For the application in Guyana and Martinique of Article L. 111-2-1, the words: “of the regional council” are replaced, respectively, by the words: “of the assembly of Guyana” and “of the executive council of Martinique”. » ;
8° After the word: " composition", the end of the second sentence of Article L. 182-25 is thus written: ", fixed by decree, includes the categories of members mentioned in 1° of Article L. 141-6. » ;
9° Section L. 182-27 is repealed;
10° In article L. 182-28, the reference is "the second sentence of the first paragraph" and the reference is "the fourth paragraph".
II.-Chapter IV of Book II, title VII of the same code is supplemented by an article L. 274-11 as follows:
"Art. L. 274-11.-I.-The agents of French Polynesia, commissioned on the basis of their technical competence by the President of French Polynesia after having been approved by the High Commissioner of the Republic and the Public Prosecutor of the Republic, and sworn, are entitled to seek and detect criminal offences against the legal provisions in force in French Polynesia in the field of food, veterinary public health and plant protection. For this purpose, they have the powers set out in articles L. 205-3 to L. 205-9, which are applicable in French Polynesia.
"II.-The act of obstructing or obstructing the performance of the duties of the agents referred to in I shall be punished by the penalties provided for in Article L. 205-11, subject to the expression of the amount of the fine in its applicable equivalent in local currency. »
III.-Book III of the same code is amended as follows:
1° Section L. 371-1 is amended as follows:
(a) At first, the reference: "The first paragraph of" is deleted;
(b) The references: ", L. 312-4 and L. 312-5" are replaced by the reference: " and L. 312-4";
2° Section L. 371-2 is repealed;
3° Article L. 372-8 is as follows:
"Art. L. 372-8.-For the purposes of Article L. 330-4 in Mayotte, the maximum age of the employee or trainee mentioned in I of the same Article L. 330-4 upon arrival on the operation is thirty-five years. » ;
4° Section 1 of chapter I of title VII is supplemented by articles L. 371-5-1 and L. 371-5-2 as follows:
"Art. L. 371-5-1.-For the application in Guyana and Martinique of Article L. 330-1, the words: “of the regional council” are replaced, respectively, by the words: “of the assembly of Guyana” and “of the executive council of Martinique”.
"Art. L. 371-5-2.-In Guadeloupe, Guyana, Martinique, La Réunion, Saint-Pierre-et-Miquelon, Saint-Barthélemy and Saint-Martin, the maximum age of the employee or trainee mentioned in I of Article L. 330-4 upon arrival on the operation is thirty-five years. » ;
5° Section 2 of Chapter I of Title VII is amended as follows:
(a) Articles L. 371-15 and L. 371-16 are repealed;
(b) Section L. 371-31 is amended as follows:
-the first two preambular paragraphs are replaced by a sub-item:
"The 1st and 2nd of Article L. 361-2 and Article L. 361-5 are not applicable in Guadeloupe, Guyana, Martinique, La Réunion, Mayotte, Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon. » ;
- at the beginning of the last paragraph, the words "In addition" are deleted.
IV.-The second paragraph of Article L. 461-2 of the same code is as follows:
"The lease may include the clauses referred to in the second and third paragraphs of Article L. 411-27, under the conditions set out in that same article. »
V.-The second and third paragraphs of Article L. 513-3 of the same code are replaced by seven paragraphs as follows:
"Can join the Permanent Assembly of the Chambers of Agriculture on behalf of their establishment:
"the president of the multiprofessional economic chamber of Saint-Barthélemy;
"the president of the interprofessional consular chamber of Saint-Martin;
"the president of the Chamber of Agriculture, Commerce, Industry, Trades and Crafts of Saint-Pierre-et-Miquelon;
"the president of the Agricultural Chamber of New Caledonia;
"the president of the Agriculture and Lagone Fisheries Chamber of French Polynesia;
"the president of the Chamber of Commerce, Industry, Trades and Agriculture of the Wallis and Futuna Islands. »
VI.-Article L. 681-3 of the same code is amended as follows:
1° After the word: "executed" are inserted the words: "by the public institution known as the Office for the Development of the Agricultural Economy of Overseas Departments";
2° The words: "the institution responsible for exercising them" are replaced by the words: "this public institution";
3° Is added a sentence as follows:
"This institution can also intervene in Wallis-et-Futuna through a convention with the community. »
VII.-In the first paragraph of Article L. 150-1 of the urban planning code, after the reference: "L. 121-7," the reference is inserted: "L. 121-9."
VIII.-The I of section 4 of this Act is not applicable to Saint-Barthélemy.
IX.-Sont approved, pursuant toArticle 21 of Organic Law No. 2004-192 of 27 February 2004 bearing the status of autonomy of French Polynesia, the prison sentences provided for in French Polynesia by the following articles:
1° Articles 10.12 and 13 of deliberation No. 2001-16 APF of 1 February 2001 on the protection of domestic animals and wild animals imperviated or held in captivity;
2° Article LP 29 of the law of the country No. 2011-1 of 10 January 2011 on organic farming in French Polynesia;
3° Articles LP 59, LP 60 and LP 61 of the law of the country n° 2013-12 of 6 May 2013 regulating, for the purposes of biosafety protection, the introduction, import, export and inter-insular transport of living organisms and their derivatives.
X.-Le second paragraph of Article L. 172-3 of the Forest Code is thus drafted:
“Art. L. 121-4.-The forest policy documents referred to in Article L. 122-2 reflect in a manner appropriate to the specific characteristics of wood and forests under the forest regime, belonging to individuals or used by communities of inhabitants who traditionally derive their livelihoods, the objectives of sustainable wood and forest management, as defined in Article L. 121-1: ".
The Government is authorized to make by order, under the conditions set out in section 38 of the Constitution, the reorganization and revision of the provisions of a legislative nature specific to the overseas jurisdiction in force on the date of publication of the order, within the Rural Code and Maritime Fishingin sight:
1° To consolidate and order these provisions in a consistent way in a specific title within each of the books of this code;
2° Address any errors or deficiencies in codification, including provisions of a legislative nature that would not have been codified and adapting the plan and drafting of the codified provisions;
3° To repeal obsolete, inappropriate or non-objective provisions;
4° To ensure respect for the hierarchy of norms and the editorial coherence of texts, to harmonize the state of law and to adapt it to the law of the European Union and to the ratified international agreements;
5° To adapt, where appropriate, these provisions to the evolution of characteristics and constraints specific to communities governed by Article 73 of the Constitution;
6° To adapt the references made, respectively, to the decree, decree or decree in the Council of State to the nature of the measures of application concerned;
7° To extend, where applicable, in accordance with the rules of division of competence provided for by the organic law, the application of these provisions, as appropriate, to Saint-Pierre-et-Miquelon, Saint-Barthélemy, Saint-Martin, New Caledonia, French Polynesia and the Wallis and Futuna Islands, with the necessary modifications, and to make, if necessary, the arrangements applicable to the adaptation of these communities
8° To put the other codes and laws that mention these provisions in line with the new wording adopted.
This order shall be made within eighteen months of the promulgation of this Act. A bill of ratification is tabled before Parliament within three months of the issuance of the order.
I.-The fifth paragraph of Article L. 512-1 of the Rural and Maritime Fisheries Code is replaced by two paragraphs as follows:
"they ensure the harmonization of the conditions of employment of the staff of the agricultural chambers of the region, in accordance with the statutory provisions and in a framework negotiated with the staff representative organizations;
"they direct, structure and coordinate the actions of the departmental chambers of agriculture, by defining a regional strategy, in accordance with national orientations, and by adopting the budget necessary for the implementation of this strategy, and ensure to their benefit, under conditions defined by decree, legal, administrative and accounting missions as well as communication actions; "
II.-After the first sentence of the first paragraph of article L. 513-3 of the same code, a sentence is inserted as follows:
"However, the President-elect of the Permanent Assembly of the Chambers of Agriculture may waive his term as president of one of these chambers. »
III.-Article L. 514-3 of the same code is amended as follows:
1° In the second sentence of the first paragraph, after the words: "Personals of the Chambers of Agriculture" are inserted the words: "and trade union organisations affiliated with a representative organization at the national level, within the meaning of theArticle L. 2122-9 of the Labour Code, ”
2° The second paragraph is supplemented by a sentence as follows:
"To promote the adaptation and evolution of the status of the staff of the Chambers of Agriculture established by the National Joint Commission, the National Committee for Consultation and Proposal regularly engages, in coherence with the provisions of the Labour codenegotiations in certain areas and according to a periodicity defined by decree. » ;
3° The beginning of the third paragraph reads as follows: "The decisions of the National Joint Commission shall be taken by a majority of at least eight votes. They are applicable... (the rest without change). » ;
4° It is added a paragraph to read:
"The members of the National Joint Commission and the National Committee for Consultation and Proposals shall be renewed after each hearing action taken under the conditions referred to in Article L. 514-3-1. »
IV.-After the same article L. 514-3, an article L. 514-3-1 is inserted as follows:
"Art. L. 514-3-1.- Within the Agriculture Chambers network, are representative of the trade union organizations of the network staff who:
« 1° meet the criteria for representativeness of theArticle L. 2121-1 of the Labour Code, except that mentioned in the 5th of the same article;
« 2° Have a balanced territorial implantation within the network of agricultural chambers;
« 3° At least 8% of the votes cast as a result of the addition, at the national level, of the votes cast in the first round of the last elections of the holders to the parity commissions of the establishments that compose the network of the chambers of agriculture referred to in Article L. 510-1 of this Code and the inter-institutional organizations mentioned in the penultimate paragraph of Article L. 514-2. Measure of the hearing is done during the renewal of the establishment parity commissions.
"However, at the regional level are representative of the trade union organizations of the personnel of the network establishments who meet the criteria mentioned in 1° and 2° of this article and who have won at least 10% of the votes cast as a result of the addition, at the level of each electoral district of the Regional Chamber of Agriculture, of the votes cast in the first round of the last elections of the holders:
“(a) To departmental parity commissions;
“(b) To the Regional Joint Commission;
"(c) And to the joint commissions of the inter-institutional bodies referred to in the penultimate paragraph III of Article L. 514-2 having their headquarters in the regional territory.
"In each establishment of the network, the union organizations of the staff of the network establishments meet the criteria mentioned in 1° and 2° of this article and have won at least 10% of the votes cast in the first round of the last elections of the holders to the parity commissions of the institution concerned. »
V.-After the third paragraph of article L. 514-4 of the same code, it is inserted a paragraph as follows:
"When an amendment occurs in the employer's legal situation in the cases of merger or transfer of activities referred to in the second and third paragraphs, all existing work contracts on the day of the amendment remain between the new employer and the staff of the establishment. »
VI.-Sections L. 644-12 and L. 653-6 of the same code are repealed.
VII.-After article L. 514-3 of the same code, an article L. 514-3-2 is inserted as follows:
"Art. L. 514-3-2.-The term of office of representative of the staff of the chambers serving as a parity national commission or as a national committee for consultation and proposal, as well as the term of office of trade union delegate, regional union delegate, staff delegate or any other mandate provided for in the terms of referenceArticle L. 2411-1 of the Labour Code may not result in any discrimination in matters such as recruitment, conduct and distribution of work, vocational training, advancement, remuneration and the granting of social benefits, discipline and termination of the employment contract, in accordance with Article L. 2141-5 of the same Code.
"The transfer of an officer serving as a parity national commission or as a national committee for consultation and proposal or an agent exercising a mandate as a trade union delegate, a regional central union delegate, a staff delegate or any other mandate provided for in Article L. 2411-1 of the said Code, in the context of a partial or total transfer of activity, is subject to the procedure provided for in Articles L. 2414-1 and L. 2421-9 of the same Code The lack of knowledge of these provisions is punishable under the conditions laid down in Article L. 2431-1 of the said Code.
"The dismissal of an officer serving on a parity national commission or on a national committee of consultation and proposal or having ceased to serve on it for less than twelve months or exercising a mandate as a union delegate or regional central union delegate or having ceased to exercise it for less than twelve months is subject to the procedure provided for in Articles L. 2411-3 and L. 2421-1 of the same Code. The lack of knowledge of these provisions is punishable under the conditions laid down in Article L. 2431-1 of the said Code.
"The termination of a staff delegate or any other terms of reference set out in sections L. 2411-1 and L. 2411-2 of the same code or having ceased to exercise it for less than six months shall be effected only after the authorization of the labour inspector. It is subject to the procedure provided for in Article L. 2421-1 of the said Code. The lack of knowledge of these provisions is punishable under the conditions laid down in articles L. 2432-1 to L. 2437-1 of the same code. »
Article L. 723-18-1 of the Rural and Maritime Fisheries Code is amended as follows:
1° After the first preambular paragraph, a sub-item reads as follows:
« 1° For the first and third colleges:"
2° In a and b, the references: "to articles L. 723-17 and L. 723-18" are replaced by the reference: "to article L. 723-17";
3° It is added a 2° as follows:
« 2° For the second college:
“(a) The departments of Hauts-de-Seine, Seine-Saint-Denis and Val-de-Marne each form an electoral district; the number of cantonal delegates elected directly is equal, for the first canton, to the number of common law provided for in Article L. 723-18, plus one unit for each subsequent canton;
“(b) The cities of Paris, Lyon and Marseille each form an electoral district; the number of cantonal delegates elected directly in the first district is equal to the number of common eligible delegates provided for in Article L. 723-18, plus one unit for each of the following districts. »
In order to carry out the audit, inspection or control missions of public or private individuals involved in the implementation of public policies or beneficiaries of public funds, which they are responsible, members of the General Council for Food, Agriculture and Rural Areas have powers of investigation on both parts and on-site. They may request direct communication or in the form of a copy of any document, regardless of form and support, necessary for the fulfilment of their mission. They have free access to the premises of controlled public and private individuals. If access is denied to them, they may appeal to the judicial judge under the conditions mentioned in the court.Article L. 206-1 of the Rural and Maritime Fisheries Code. For the purpose of controlling the use of national and European public funding, the auditors of the controlled bodies are discarded from professional secrecy to members of the General Council of Food, Agriculture and Rural Areas.
I. - Can be taken into account for the application of Chapter I of Title I of Act No. 2012-347 of 12 March 2012 on access to full employment and the improvement of the conditions of employment of contract agents in the public service, the fight against discrimination and the various provisions relating to the public service, as long as they correspond to the exercise of administrative public service missions, the services performed in accordance with the regulations L. 122-1 or L. 1241-1 et seq. du code du travail pour le compte de :
1° The National Institute of the labels of origin created by Article 20 of the Decree-Law of 30 July 1935 concerning the defence of the wine market and the economic regime of alcohol and the National Institute of the origin and quality mentioned at theArticle L. 642-5 of the Rural and Maritime Fisheries Code ;
2° The agricultural economy development office in overseas departments created by the Decree No. 84-356 of 11 May 1984 creating an agricultural economic development office in overseas departments;
3° The National Interprofessional Office for Fruit, Vegetables, Wines and Horticulture, the Office for the Products of the Sea, the Office for Perfume, Aromatic and Medicinal Plants created by the Decree No. 2005-1780 of 30 December 2005 relating to certain agricultural sector intervention offices and amending Rural code ;
4° The Single Payment Agency, created by theArticle 95 of Act No. 2006-11 of 5 January 2006 agricultural orientation;
5° The Service and Payment Agency and the National Establishment of Agriculture and Sea Products created by theOrder No. 2009-325 of 25 March 2009 relating to the establishment of the Service and Payment Agency and the National Establishment of Agriculture and Sea Products, with respect to the personnel referred to in the VI of section 5 of this Order.
II. - Access to the public service of the State planned to theArticle 1 of Act No. 2012-347 of 12 March 2012 referred to above shall be open, under the conditions set out in Chapter I of the same Act, to contract agents of public law who, recruited under section 259 of the rural code become theArticle L. 231-2 of the Rural and Maritime Fisheries Code, as of March 31, 2011, employed a health worker in the Ministry of Agriculture. Agents who do not access a civil servant body retain the benefit of their contract.
III. - Non-permanent jobs of the National Centre for Forest Property, not financed by the resources referred to in Article L. 321-13 of the Forest Code, provided for temporary missions resulting from agreements or contracts financed by their product or through the competitions provided for in Article L. 321-14 of the same Code, and those of the Agency for Services and Payments provided for the performance of functions related to missions entrusted to that institution by means of agreements The duration of these contracts shall not exceed the duration of the mission for which they have been concluded. They may be renewed for the same type of mission, without their total duration, including any renewals, exceeding six years.
The services thus completed are taken into account in respect of the services required for the indefinite transformation of the fixed-term commitments referred to in theArticle 6 bis of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State.
I.-Article L. 111-2-1 of the Rural and Maritime Fisheries Code, in its drafting resulting from this Act, applies to the proposed regional sustainable agriculture plan for which the public participation procedure is not initiated on the date of publication of this Act.
Plans issued under the conditions set out in Article L. 111-2-1, in its drafting prior to the date of publication of this Act, are revised by 31 December 2015 to incorporate the actions carried out by the region.
II.-For applicationArticle L. 141-6 of the Rural and Maritime Fisheries Code, in its drafting resulting from this Act, registered land and rural development companies prior to publication shall forward to the Minister for Agriculture the update of their statutes upon the renewal of their multi-year activity program and, no later than July 1, 2016. The approval of these companies is reviewed within a maximum period of six months following the transmission of the new statutes.
III.-From the publication of this Act, the minimum representation of each sex in the college referred to in a of 1° of II of Article L. 141-6 of the Rural and Maritime Fisheries Code, in its drafting resulting from this Act, is set at 30% of the members. This proportion is revised by the end of the twelfth year following the publication.
IV.-Section L. 141-8-1 of the Rural and Maritime Fisheries Code comes into force on July 1, 2016.
V.-Until the dates mentioned inArticle 21 of Act No. 2011-884 of 27 July 2011 With respect to the territorial authorities of Guyana and Martinique, section L. 181-25 of the Rural and Maritime Fisheries Code, as the result of this Act, is amended as follows:
1° At 3°, the words "of the assembly of Guyane" are replaced by the words "of the regional council";
2° At 4°, the words "of the executive council of Martinique" are replaced by the words "of the regional council".
VI.-Le II of Article L. 180-2 of the Rural and Maritime Fisheries Code, in its drafting resulting from this Act, comes into force on the date referred to inArticle 21 of Act No. 2011-884 of 27 July 2011 relating to the local authorities of Guyana and Martinique.
VII.-Until the date referred to in Article 21, for the application in Martinique ofArticle L. 111-2-1 of the Rural and Maritime Fisheries Codethe beginning of the third preambular paragraph reads as follows: "The representative of the State and the president of the regional council jointly lead the preparation of the plan by involving the other territorial authorities, the agricultural chamber and all agricultural professional organizations and representative agricultural trade union organizations; They take into account... (the rest without change). »
VIII.-LArticle L. 211-3 of the Environmental Code, in its drafting resulting from this Act, comes into force on 1 October 2014.
IX.-Regional patterns of farms referred to inArticle L. 312-1 of the Rural and Maritime Fisheries Code, in its writing resulting from this Act, are arrested within one year of its publication.
Until the entry into force of the Regional Agricultural Operations Master Plan, the structure control applies in the terms, thresholds and criteria defined by the Agricultural Structures Master Plan of each department.
The reference units established by the representative of the State in the department apply until the entry into force of the regional agricultural management scheme.
X.-The minimum subject area provided for in Article L. 722-5-1 of the Rural and Maritime Fisheries Code, in its drafting resulting from this Act, must be fixed within two years of the date of its promulgation. Until the publication of the order setting the minimum surface of subjugation, it is equal to half of the minimum surface of installation as set out in the departmental framework of agricultural structures in force the date of publication of this Act.
XI.-Regional forest orientations referred to inArticle L. 122-1 of the Forest Code and the regional multi-year forest development plans defined in sections L. 122-12 to L. 122-15 of the same code remain applicable and continue to produce their effects until the adoption of the regional forest and timber programmes and, by 31 December 2020.
XII.- Woods and forests whose owners have adhered to the codes of good forestry practices mentioned inArticle L. 122-3 of the Forest Code prior to the publication of this Act, until the end of the undertaking, continue to submit a presumption of sustainable management under the conditions set out in section L. 124-2 of the same Code, in its writing before this Act.
XIII.-The VII of section 84 of this Act comes into force on January 1, 2015.
XIV.-Sections L. 181-26 and L. 371-5-1 of the Rural and Maritime Fisheries Code, in their drafting resulting from this Act, come into force on the dates mentioned in theArticle 21 of Act No. 2011-884 of 27 July 2011 relating to the local authorities of Guyana and Martinique.
XV.-Agricultural cooperatives or their unions have a period of eighteen months from the end of the current fiscal year on the date of publication of the Minister's Agriculture Order approving the amendments to the status models to comply with the 2°, 3° and 7° to 10° of II of Article 13.
XVI.-The 2° to 4° of the V of section 53 of this Act come into force on January 1, 2016.
XVII.-The mediator responsible for disputes relating to compulsory contractualization prior to the coming into force of this Act shall be held in his office until the appointment of the ombudsman for agricultural trade relations referred to in Article L. 631-27 of the Rural and Maritime Fisheries Code.
XVIII.-Section 8 of this Act applies to leases in progress for leave notified after the publication of this Act.
XIX.-The 2° to 5° of the I of Article 69 come into force on 1 January 2022.
XX.-On 1 January 2022, 5° of Article L. 321-1 of the Forest Code and Article L. 130-1, paragraph 7, of the urban planning code shall be restored in their writing before this Act.
XXI.-The Rural and Maritime Fisheries Code is amended as follows:
1° In the second sentence of the first paragraph of article L. 331-10, at the end of the fifth paragraph of article L. 411-33 and article L. 461-12, the words: "sectoral structure" are replaced by the words: "regional farms";
2° Section L. 371-2 is amended as follows:
(a) At the beginning of the first sentence of the first paragraph, the words: "The minimum surface of installation" are replaced by the words: "The threshold referred to in Article L. 312-1";
(b) In the second paragraph, the words: "the minimum planned installation surface" are replaced by the words: "the planned threshold";
3° In the third paragraph of Article L. 411-39, the words: "of the minimum installation area defined in section 188-4 of the rural code" are replaced by the words: "of the threshold referred to in Article L. 312-1";
4° In the first paragraph of Article L. 416-5, the words: "on the minimum surface of installation" are replaced by the words: "on the threshold referred to in Article L. 312-1".
XXII.-For the application of the article L. 323-11 and article L. 323-13 the Rural Code and the Maritime Fisheries, in their drafting as a result of this Act, the total common farm groupings existing before publication have a period of one year from the said publication to request the administrative authority to review the number of economic shares allocated to them for access to the aids of the Common Agricultural Policy, based on supporting elements.
The total communal farm groupings existing before the publication of this Act and located in disadvantaged areas are subject to a systematic review of their situation by the administrative authority if the number of their economic shares for access to the aids of the common agricultural policy is less than the number of shares awarded for the compensatory allowances of natural disabilities.
XXIII.-In the first paragraph of Article L. 926-6 of the Commercial Code, the words: " dispositions contained in 1°, 2°, 3° and 4° of Article L. 331-3" are replaced by the words: "priority of the Regional Master Plan for Agricultural Farms referred to in Article L. 312-1".
XXIV.-[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2014-701 DC of 9 October 2014. ]
I. - Forest experts listed on the listArticle L. 171-1 of the Rural and Maritime Fisheries Code, forest sector producer organizations recognized by the administrative authority under the conditions set out in Article L. 551-1 of the same code and professional forest managers meeting the conditions mentioned inArticle L. 315-1 of the Forest Code are empowered, without limitation of the number of requests and under conditions established by decree taken after the advice of the National Commission on Informatics and Freedoms, to obtain electronic communication of the data referred to in Article L. 107 A of the book of tax procedures relating to the properties registered in kind of wood and forests located in the geographical scope for which they are recognized. They inform the mayor of the municipalities concerned of each of their requests.
These data are communicated to them so that they conduct information actions, to the identified owners, on the possibilities of economic valuation of their woods and forests.
The data collected cannot be transferred to third parties.
II. - The authorization provided for in I shall be granted for three years from the entry into force of this section.
I.-Section 3 of chapter III of Book VI title V of the Rural and Maritime Fisheries Code is amended as follows:
1° Is added a sub-section 1 entitled: "Different Provisions" and comprising articles L. 653-12 to L. 653-13-1;
2° Section L. 653-12 is amended as follows:
(a) At the beginning, the words: "The public establishment "The National Haras" are replaced by the words: "The French Institute of Horseback Riding and Horseback riding";
(b) It is added a paragraph to read:
"If, for a race of equinees, no selection body is approved, the missions mentioned in article L. 653-3 are provided by the French Institute of Horseback Riding and Horseback riding, under conditions fixed by decree. This decree sets out the conditions under which this institution consults, for the exercise of its duties, the most representative organism of the breeders concerned in relation to the number of its members, its experience and its seniority. » ;
3° An article L. 653-13-1 is added as follows:
"Art. L. 653-13-1.-The universal service referred to in Article L. 653-5 applies to the distribution and establishment of the seed of equine and asins, under conditions defined by decree in the Council of State. » ;
4° Is added a sub-section 2 as follows:
"Subsection 2
“The public establishment “Haras national du Pin”
"Art. L. 653-13-2.-It is created a public institution of the administrative state under the supervision of the minister responsible for agriculture and called “Haras national du Pin”.
"His seat is located at Pin-au-Haras (Orne).
"He carries out his duties within a perimeter of intervention defined by decree.
"Art. L. 653-13-3.-The facility is:
« 1° To preserve, maintain and value the domain, in particular for its presentation to the public;
« 2° To welcome and develop the equipment necessary for the organization of high-level equestrian sporting events in order to establish a national and international hub dedicated to the practice of equestrian sport;
« 3° To promote the equine sector and activities related to horses and other equine, in connection with the French Institute of Horses and Riding, through research and development, communication with the public, support to innovative companies and actions of international cooperation in the field of horses and its trades under the name “ National Pin Harass” on behalf of the State or territorial authorities that would request it;
« 4° To develop a tourist and cultural offer;
« 5° To develop and diversify the training offer in connection with the French Institute of Horseback Riding and Horseback riding, in particular by the reception of the civil and military specialized units of the ministries of interior and defence as well as the local authorities, the promotion of the new uses of equinees and international cooperation actions;
« 6° To cooperate and create a network of exchanges with the Haras national de Saint-Lô (Manche).
"Art. L. 653-13-4.-The establishment is administered by a board of directors composed of six representatives of the State, ten representatives of the territorial authorities, including at least one representative from the Lower Normandy region and at least one representative from the Orne department, and two staff representatives.
"He elects his president within him.
"The director of the establishment is appointed by the chair of the board of directors, on the proposal of the minister responsible for agriculture and after advice from the board of directors.
"Art. L. 653-13-5.-The resources of the establishment include subsidies from the State and the European Union, the financial participation of the territorial authorities, revenues related to commercial or promotional events and events organized on the site, as well as any other revenues authorized by the laws and regulations.
"Art. L. 653-13-6.-A decree specifies the conditions for the organization and operation of the institution, its financial and accounting regime and the modalities for the exercise of the guardianship of the State. »
II.-The real property of the French Institute of Horseback Riding and Horseback riding located within the scope of the intervention referred to in article L. 653-13-2 of the Rural and Maritime Fisheries Code and the related rights and obligations, as well as the movable property, rights and obligations related to the missions of the public establishment "Haras national du Pin" whose inventory is stopped by the Minister responsible for Agriculture, are transferred to the "Haras national". This transfer is made free of charge and does not result in the payment of any right, no compensation or tax, or the contribution provided to the transferArticle 879 of the General Tax Code.
Book IX of the Rural and Maritime Fisheries Code is thus amended:
1° The third paragraph of Article L. 943-1 is supplemented by a sentence as follows:
"This period may be exceeded in the event of force majeure or at the specific request of the person involved. » ;
2° After Article L. 943-3, articles L. 943-4 and L. 943-5 are reinstated as follows:
"Art. L. 943-4.-In a period not exceeding three working days from the date of the seizure, the competent authority shall forward to the judge of the freedoms and detention of the place of the seizure a request with the record of seizure for the purpose of confirming the seizure.
"The judge of freedoms and detention may confirm the seizure, condition the release of the seizure to the payment of a surety to which he or she determines the amount and terms and conditions of payment, under the conditions set out in theArticle 142 of the Code of Criminal Procedure, or decide to release the vessel, the floating machine or the vehicle.
"The order of the judge of freedoms and detention shall be made within a period not exceeding three days from the receipt of the request referred to in the first paragraph of this article and, in any case, within a period not exceeding six days from the apprehension provided for in Article L. 943-1 of this Code.
"Where the three-day working period provided for in the same Article L. 943-1 for the surrender of the goods apprehended to the competent authority for the seizure is extended for reasons of force majeure or at the express request of the person involved, the six-day period provided for in the third paragraph of this Article may be exceeded by the duration of that extension.
"Art. L. 943-5.- At any time, and as long as no jurisdiction has been seized to rule on the merits, the judge of freedoms and detention may, at the request of the competent authority, the person involved, the owner of the ship, the floating machine or the vehicle, or third parties having rights on the ship, the floating machine or the vehicle, order the release of the seizure, the bail or the return.
"The judge of freedoms and detention shall rule on this application within five days. It may condition the release of the seizure to the payment of a bond which it sets the amount and the terms and conditions of payment, under the conditions fixed to theArticle 142 of the Code of Criminal Procedure.
3° Article L. 943-6-1 becomes Article L. 951-9 thus restored;
4° After Article L. 943-6, an article L. 943-6-1 was reinstated as follows:
"Art. L. 943-6-1.-The orders of the judge of freedoms and detention taken on the basis of sections L. 943-4, L. 943-5 and L. 943-6 shall be substantiated and notified to the competent authority, to the person involved and, if known, to the owner and to the third parties having rights on the ship, the floating machine or the vehicle, who may give them to the court of the declaration
"The person concerned, the owner of the vessel and third parties with rights to the vessel may make any written comments or be heard by the board of instruction.
"The board of inquiry shall rule within five days of the declaration of appeal.
"The appeal against the decision of the judge of freedoms and detention ordering the destruction of a ship, floating equipment or a vehicle on the basis of Article L. 943-6 is suspensive.
"The appeal against the other orders of the judge of freedoms and detention made on the basis of articles L. 943-4, L. 943-5 and L. 943-6 is not suspensive. However, the competent authority may request the first president near the Court of Appeal or his delegate to declare the suspensive appeal when the judge of freedoms and detention ordered the release of the vessel, the floating machine or the vehicle and that there is a serious risk of reiteration of the offence or that it is necessary to guarantee the payment of fines. In this case, the appeal, together with the application that refers to the serious risk of reiteration of the offence or the need to guarantee the payment of fines, is filed within six hours of notification of the order to the competent authority and transmitted to the first president of the appeal court or to his delegate. The appeal shall, without delay, decide whether to give this appeal a suspensive effect, depending on the serious risk of reiteration of the offence or the need to guarantee the payment of fines, by a reasoned order made contradictoryly that is not subject to appeal. The vessel, the floating machine or the vehicle shall be kept at the disposal of the competent authority until such order is made and, if it gives a suspensive effect to the appeal of the competent authority, until it is decided on the merits. » ;
5° Section 1 of chapter V of title IV is supplemented by an article L. 945-4-1, as follows:
"Art. L. 945-4-1.-Where an offence under sections L. 945-1 to L. 945-3 has been committed beyond the territorial sea, only fines may be imposed. » ;
6° Chapter I of title V is supplemented by an article L. 951-10 as re-established:
"Art. L. 951-10.-For the purposes of Article L. 943-6-1 in Guyana:
« 1° The first two paragraphs are thus drafted:
“ “ The orders of the judge of freedoms and detention taken on the basis of articles L. 943-4, L. 943-5, L. 943-6 and L. 951-9 shall be substantiated and notified to the competent authority and to the person in question who may transfer them by any means to the board of inquiry within two days after their notification. If the respondent does not sufficiently understand French, it is assisted by an interpreter who must take an oath to assist the justice system in his honour and conscience.
“ “ The person concerned may make any written comments or be heard by the board of instruction. “ ;
« 2° At the penultimate paragraph, the reference: “of article L. 943-6” is replaced by the references: “of articles L. 943-6 and L. 951-9” and, at the first sentence of the last paragraph, the reference: “ and L. 943-6” is replaced by the references: “, L. 943-6 and L. 951-9”.
This law will be enforced as a law of the State.
Done in Paris, October 13, 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Ecology, Sustainable Development and Energy,
Royal
Minister of National Education, Higher Education and Research,
Najat Vallaud-Belkacem
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
Minister of Economy, Industry and Digital,
Emmanuel Macron
Minister of Overseas,
George Pau-Langevin
