Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order any measure relevant to the law in order to promote the development of simplified securities schemes and single ticket offices for the declaration and payment of social welfare contributions and contributions, taking into account the special collective agreements.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to take, by order, any measure within the sphere of the law in order to harmonize the definition and use of the notions of day and, as necessary, to adapt the quotity of days, in the legislation of work and social security.
Section 1 of chapter III of title IV of Book II of Part VI of the Labour Code is supplemented by an article L. 6243-1-2 as follows:
"Art. L. 6243-1-2. - The Ministry of Employment and Vocational Training shall transmit to the institution referred to in Article L. 5312-1 of this Code the nominative annual list of companies that have paid the additional contribution to learning under this Codearticle 1609 quinvicies of the General Tax Codeexcluding any financial information. This institution assists and advises companies listed on this list in their recruitment of young people or adults through learning or professionalization. »
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order any legislative measure to determine the essential conditions for the exercise of the wage porter defined in theArticle L. 1251-64 of the Labour Code and the principles applicable to the person in question, the carrier and the client company.
These essential conditions include the definition of the conditions for the exercise of the activity of a wage-harvesting company and the conditions for the use of wage-harvesting, including the different types of work contracts, their characteristics, the conditions of employment and work of the employed and the indication of the guarantees applicable to them.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order any measure relevant to the law in order to simplify and secure the terms and conditions for the application of Section 1 of Chapter III of Title II of Book I of Part 3 of the Labour and Labour Code. VIII of Article 12 of Act No. 2013-504 of 14 June 2013 with respect to the security of employment and to specify the conditions under which an employee working less than 24 hours a week may request a working period greater than or equal to that threshold.
Title IV of Book II of the first part of the Labour Code is amended as follows:
1° Article L. 1242-2 is supplemented by a 6° as follows:
« 6° Recruitment of engineers and executives, within the meaning of collective agreements, for the realization of a defined object where an extended branch agreement or, failing that, an enterprise agreement provides for it and defines:
“(a) The economic needs to which these contracts are likely to provide an appropriate response;
“(b) The conditions under which fixed-term fixed-term employees with defined purpose benefit from guarantees relating to the assistance of reclassification, the validation of the acquired experience, the priority of re-employment and access to continuing vocational training and may, during the period of prevenance, mobilize the means available to organize the continuation of their career path;
"(c) The conditions under which fixed-term fixed-term fixed-term employees have priority in access to undetermined long-term employment in the company. » ;
2° Before the last paragraph of Article L. 1242-7, it is inserted a 6° as follows:
« 6° Recruitment of engineers and executives for the realization of a defined object, provided for at 6° of Article L. 1242-2. » ;
3° In the last paragraph of Article L. 1242-8, after the word "application", is inserted the reference: "from the 6th of Article L. 1242-2 and";
4° After the article L. 1242-8, an article L. 1242-8-1 is inserted as follows:
"Art. L. 1242-8-1. - The fixed-term employment contract mentioned in the 6th of Article L. 1242-2 shall be concluded for a minimum period of eighteen months and a maximum duration of thirty-six months. It cannot be renewed. » ;
5° After the article L. 1242-12, an article L. 1242-12-1 is inserted as follows:
"Art. L. 1242-12-1. - When the fixed-term employment contract is concluded pursuant to Article L. 1242-2, it also includes:
« 1° The reference “specified-term contract with defined object”;
« 2° The title and references of the collective agreement that establishes this contract;
« 3° A descriptive clause of the project and mention of its foreseeable duration;
« 4° The definition of tasks for which the contract is concluded;
« 5° The event or objective result determining the end of the contractual relationship;
« 6° The period of prevenance of the contract and, where applicable, the proposal to pursue the employment relationship in an indefinite contract;
« 7° A clause referring to the possibility of termination on the anniversary date of the conclusion of the contract, by either party, for a real and serious reason and the right for the employee, when the breach is at the initiative of the employer, to compensation equal to 10% of the gross total remuneration of the employee. » ;
6° Article L. 1243-1 is supplemented by a paragraph as follows:
"When concluded pursuant to the 6th of Article L. 1242-2, the fixed-term employment contract may, in addition, be broken by either party, for a real and serious reason, eighteen months after its conclusion and then on the anniversary of its conclusion. » ;
7° The first paragraph of Article L. 1243-5 is supplemented by a sentence as follows:
"When it is concluded pursuant to the 6th of Article L. 1242-2, it ends with the realization of the object for which it was concluded after a period of prevenance at least two months. »
In the last paragraph of Article L. 2152-1 of the same code, after the first occurrence of the word "maritime", the words "as well as cooperatives for the use of agricultural equipment" are inserted.
By June 30, 2015, the Government will submit to Parliament a report on the implementation of the personal toll prevention account established by the GovernmentArticle L. 4162-1 of the Labour Code, in his writing resulting from theArticle 10 of Act No. 2014-40 of 20 January 2014 guaranteeing the future and justice of the pension system. After consultation with representative trade unions and employers at the national and inter-professional level and professional branches particularly concerned with the occupational risk factors mentioned in article L. 4161-1 of the same code, in its drafting as a result of article 7 of the same law, this report proposes, where appropriate, avenues for improvement and simplification of the scheme, both from the perspective of companies in their census and employee reporting obligations as well as from the point of view of employees
I. - Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order any measure within the sphere of the law that is:
1° To allow an administrative authority, within the meaning ofArticle 1 of Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations, to grant, to a person who so requests, a guarantee consisting of a formal position, which is enforceable against the administration, the application of a standard to its actual situation or its project. The purpose of this guarantee is to pre-munite the applicant with a change in interpretation or appreciation of the administration that would be likely to generate a debt of the administration against him, to expose him to administrative sanctions or to jeopardize the obtaining of a subsequent administrative decision necessary to carry out his project;
2° To allow an administrative authority, within the meaning of Article 1st, to guarantee, to a person who requests it and for a specified period that cannot exceed eighteen months, that it will be applied, for the issuance of an administrative decision necessary to carry out its project, certain legislative or regulatory provisions in their drafting in force on the date of granting the guarantee;
3° Determine the conditions of publication and third party opposability of the acts granting the guarantees mentioned in 1° and 2°;
4° To specify the conditions under which the administrative judge may be appealed against the acts granting the guarantees referred to in the same 1st and 2nd and against any administrative decisions taken as a result of these acts, as well as its powers when it is seized of such appeals;
5° To determine the conditions under which, when an administrative authority has refused to grant a person one of the guarantees referred to in 1°, the person may apply to the administrative authority for a second examination.
The guarantees mentioned in 1° and 2° can only concern the application of the provisions of Labour code, Rural Code and Maritime Fishing, Consumer code, Heritage Code, general code of public ownership, provisions relating to taxation of any kind or social contributions as well as codes and provisions specific to overseas in the areas covered by these codes.
II. - The guarantees mentioned in 1° and 2° of I:
1° are granted on the basis of a preliminary file submitted to the administrative authority and accurately describing the factual situation or the project in question;
2° A commitment by the administrative authority may be accompanied, where appropriate, on the time limits for the administrative decisions required to carry out the project in question, as well as information on the procedures for the instruction of the relevant applications, including the description of the applicable procedures and the conditions for the regularity of the file. This commitment and information may be responsible for the administrative authority;
3° may be repealed under conditions specified by the order to intervene;
4° It is granted in accordance with the requirements of public order and public security, the international and European commitments of France and the principles of constitutional value.
Under the conditions provided for in Article 38 of the Constitution and for the purpose of reducing the constraints on companies, the Government is authorized to take, by order, any measures within the sphere of the law for the purpose of removing or simplifying the prior authorization regimes and declarations to which companies and professionals are subject in the course of their activity, to replace some of these pre-authorization regimes with declarative regimes and to define, in this context
The pre-authorization and reporting regimes referred to in the first paragraph of this section are those that apply exclusively to businesses and professionals and that do not involve an application within a financial scope.
The general code of territorial authorities is amended as follows:
1° The 8th of Article L. 2212-2 is repealed;
2° In the first paragraph of Article L. 2542-4, the references: "and 6° to 8°" are replaced by the references: ", 6° and 7°";
3° In the first paragraph of Article L. 2542-10, the references: ", 7° and 8°" are replaced by the reference: "and 7°";
4° In I of Article L. 2573-18, the words: ", except for its 8°" are deleted.
I. - Under the conditions set out in Article 38 of the Constitution, the Government is authorized to make by order any measure relevant to the field of the law in order to promote the development of construction or development projects located in the city entrance or in areas with commercial dominant, where the conditions of service by regular public transport permit and that the operation meets an objective of functional diversity, by ensuring that the regulation of the local plan of urban planning
II. - The 1° of Article L. 123-2 of the Environmental Code is supplemented by a paragraph thus written:
" - requests for a building permit and a building permit relating to projects of work, construction or development resulting in the completion of an impact study after a case-by-case examination by the administrative authority of the competent State in the field of environment. Applications for these permits are subject to a procedure for making available to the public in accordance with the terms set out in Article L. 120-1-1 II and III; "
III. - Article L. 123-1-13 of the urban planning code is amended as follows:
1° The first sentence of the first paragraph is supplemented by the words: ", as well as during the construction of institutions providing accommodation for older persons mentioned in the 6° of Article L. 312-1 of the Code of Social Action and Families and university residences mentioned at theArticle L. 631-12 of the Construction and Housing Code » ;
2° The second sentence of the first paragraph is deleted;
3° After the first paragraph, two sub-items are inserted:
"In the construction of rental housing financed with a State-assisted loan and establishments providing accommodation for the elderly and university residences mentioned in the first paragraph of this article, if the latter are located less than five hundred metres from a station or a guided public transport station or public transport station on a clean site and that the quality of the service permits, the number of parking spaces due by accommodation cannot exceed 0.5
"For other categories of accommodation located less than five hundred metres from a train station or a guided public transport station or public transport station on a clean site and as long as the quality of the service permits, it cannot, notwithstanding any provision of the local urban planning plan, be required to carry out more than one parking area by accommodation. » ;
4° Two subparagraphs are added:
"For the implementation of the ceilings mentioned in the first two paragraphs of this section, the definition of housing is specified by regulation.
"The local urban planning plans may, moreover, not impose the realization of parking spaces during the construction of the dwellings mentioned in the first three paragraphs. »
IV. - II does not apply to applications for permits filed prior to the coming into force of this Act.
V. - 1 of Article L. 123-1-4 of the urban planning code is supplemented by a sub-paragraph as follows:
"They may adapt the delimitation of the perimeters, depending on the quality of the service, where the cap applies in the vicinity of the carriage provided for in section L. 123-1-13. »
VI. - At the IV of section 7 of Order No. 2012-787 of 31 May 2012 carrying extension and adaptation to Mayotte urban planning code, the word "second" is replaced by the word "fourth".
I. - When a public institution of competent inter-communal cooperation in the area of local urban planning or urban planning document taking place initiates a procedure for the development of a local plan of inter-communal urban planning by 31 December 2015, the dates and deadlines provided for in third paragraph of Article 19 of Law No. 2010-788 of 12 July 2010 bringing national commitment to the environment, to the second and before last paragraphs of Article L. 111-1-1 of the urban planning code and the last two paragraphs of Article L. 123-19 of the same code do not apply to local urban planning plans or documents taking place applicable on its territory, provided that the debate on the general orientations of the land development and sustainable development project takes place within the legislative body of the public intercommunal cooperation institution before 27 March 2017 and that this local plan of intercommunal urban planning is approved later on December 31, 2019
This I ceases to apply:
1° Effective March 27, 2017 if the debate on the general orientations of the land development and sustainable development project has not taken place;
2° Effective January 1, 2020, if the debate on the general directions of the land development and sustainable development project took place, but the local inter-communal urban planning plan was not approved.
This I is applicable to procedures for the development of inter-communal urban planning plan initiated after the promulgation of the Act No. 2014-366 of 24 March 2014 for access to housing and renovated urban planning.
II. - I is applicable to the metropolis of Lyon.
I.-After the II of Article L. 123-1 of the urban planning code, it is inserted a II bis as follows:
"II bis.-A public institution of competent inter-communal cooperation in matters of local plan of urban planning, document taking place or communal map may decide, if necessary after agreement of the municipality concerned, to complete any procedure for the development or evolution of a local plan of urban planning, a document taking place or a communal map, initiated before the date of its creation or transfer of that jurisdiction.
"The first paragraph of this II bis is applicable to the metropolis of Lyon. »
II.-The IV of section 136 of Act No. 2014-366 of 24 March 2014 for access to housing and renovated urban planning is repealed.
III.-Article L. 123-5-1 of the urban planning code is amended as follows:
1° In the first paragraph, after the word "habitation", the words are inserted: ", as well as in the municipalities belonging to one of the urbanization zones, continue to be more than 50,000 inhabitants mentioned in theArticle 18 of Act No. 89-462 of 6 July 1989 to improve rental reports and to amend Act No. 86-1290 of 23 December 1986 » ;
2° The first sentence of 2° is supplemented by the words: "or an enlargement of the housing surface";
3° It is added a 5° as follows:
« 5° Derogate from the rules of withdrawal setting a minimum distance from the separative limits, under conditions specified by decree in the Council of State, to authorize a construction intended primarily for housing, provided that the project integrates harmoniously in the surrounding urban environment. »
I.-Under the conditions laid down in Article 38 of the Constitution, the Government is authorized to make by order any measure within the scope of the law to simplify the terms and conditions of information of the buyers provided for in the sections L. 721-2 and L. 721-3 the construction and housing code and specify the application field.
II.-Article 46 of Act No. 65-557 of 10 July 1965 establishing the status of co-ownership of built buildings is thus amended:
1° The first paragraph is amended to read:
(a) At the end of the first sentence, the words "as well as its living space" are deleted;
(b) At the end of the second sentence, the words: "the area of the private part" are replaced by the words: "surface";
2° The second preambular paragraph reads as follows:
"This area is defined by the decree in the Council of State provided for in Article 47. » ;
3° At the beginning of the third paragraph, the words "For the surface of the private part" are deleted;
4° In the sixth and penultimate paragraphs, the words "of the private part" are deleted.
III.-At the 4th of Article L. 721-2 of the Construction and Housing Code, the words "and the living space" are deleted and the word "planned" is replaced by the word "planned".
IV.-The same code is amended as follows:
1° Section L. 551-1 is repealed;
2° As of January 1, 2016, the article L. 551-1 was reinstated as follows:
"Art. L. 551-1.-I.-For the application of the prohibition penalty to purchase a real property for use in the home or a commercial fund of an institution receiving the public for total or partial use of accommodation provided for in 5° bis of Article 225-19 of the Criminal Code, 3° of Article L. 1337-4 of the Public Health Code and in the third part of the VII of Article L. 123-3 and the third part of the third part of Article L. 511-6 of this Code, the notary responsible for establishing the authentic act of sale of a property for use in a dwelling or of a business fund of an institution receiving the total or partial use of accommodation shall verify whether the purchaser physical person or any of the civil partners or agents
"To this end, the notary asks the Association for the Development of the Notarial Service under the supervision of the Conseil Supérieur du notariat, which requests consultation of Bulletin No. 2 of the judicial record of the purchaser in the automated national criminal record.
"The Association for the Development of the Notarial Service shall inform the notary whether the purchaser has been subject to a final sentence referred to in the first paragraph of this article.
"When the purchaser has been subject to such a conviction, the authentic act is not signed and the foreword of sale signed earlier is deemed null and void to the wrongs of the purchaser.
"II.-The authentic act of sale of a real property for use in housing for the benefit of a buyer who has been the subject of a final conviction to the sentence referred to in I may, however, be signed if the purchaser certifies, in the act of sale, that the property is intended for his personal occupation. In this case, the act of sale and certification are notified to the tax administration by the notary. »
Article L. 427-2 of the urban planning code is as follows:
"Art. L. 427-2.- ComplianceArticle 3 of Order No. 98-526 of 24 June 1998 regulating commercial urban planning in the Mayotte territorial community, where the building permit relates to a project subject to commercial exploitation authorization, the permit cannot be granted prior to the issuance of such authorization. Its implementation cannot be undertaken prior to the expiry of appeals against it. »
I.-After Article L. 443-15-2-2 of the Construction and Housing Code, an article L. 443-15-2-3 is inserted as follows:
"Art. L. 443-15-2-3.-This subsection, with the exception of the third to sixth, eighth and penultimate paragraphs of Article L. 443-7 and Articles L. 443-12, L. 443-13 and L. 443-14, applies to the alienation of dwellings acquired by a real estate civil society whose association referred to in Article L. 313-34 holds the majority of the nation-2
"The association referred to in the same article L. 313-34 sets out an annual program for the alienation of dwellings held by its subsidiaries, after consultation with the mayors of the settlement municipalities concerned. This program is made up of the list of housing units whose alienation is envisaged in the coming year. It is sent to the Minister responsible for housing by registered letter with a request for notice of receipt. The subsidiary may only dispose of the alienation after the authorization of this program by the Minister responsible for housing. The Minister's silence within four months of the transmission of the housing disposal program is authorized. This authorization becomes null and void within five years from the date on which it was notified to the association or to which the implied authorization intervened.
"The minimum and maximum selling prices are approved by the board of directors of the association referred to in article L. 313-34.
"By derogation from the first paragraph of Article L. 443-11, occupied housing can only be sold to its sole tenant. By derogation from the third to fifth paragraphs of the same article L. 443-11, where a real estate civil society whose association referred to in article L. 313-34 holds the majority of the shares puts on sale a vacant housing, the accommodation may be offered to any natural person.
"The decision to alienate cannot relate to dwellings located in one of the communes mentioned in the first seven paragraphs of Article L. 302-5 at the time of alienation.
"The proceeds of housing sales carried out pursuant to this section shall be used in accordance with the social purpose of the association referred to in Article L. 313-34 and shall be allocated primarily to the realization of the investment program referred to in the II of Article 79 of Act No. 2013-1279 of 29 December 2013 for 2013
"The obligations under this article shall be controlled and punished under the conditions set out in articles L. 342-1 and below. In the event of sale to a legal person made in breach of any of the provisions of this section, the sale contract shall be null and void. The invalidity action may be brought by the Minister responsible for housing within two years of publication of the deed to the real estate file. »
II.-In the sixth paragraph of Article L. 443-11 of the same code, after the two occurrences of the word "mixed" are inserted the words "or association referred to in Article L. 313-34".
III.-This section comes into force on January 1, 2015.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order any measure relevant to the law to:
1° Authorize the representative of the State in the department to issue to project holders:
(a) A single decision for offshore renewable energy production facilities located on the marine public domain, in-house electrical connections to the corresponding installations and associated electricity delivery stations;
(b) A unique decision for connecting structures to the public network of these facilities;
2° Determine the conditions under which the decision taken by the representative of the State in the department under the 1° may take place the authorizations, declarations, approvals and derogations required for the project under the environmental code, Forest code, urban planning code, Energy code and general code of public ownership and, if applicable, under theOrder No. 2014-619 of June 12, 2014 the experimentation of a single authorization for facilities, works, works and activities subject to authorization under theArticle L. 214-3 of the Environmental Code, and specify the transitional provisions for the implementation of the single decisions referred to in the same 1° in order not to affect projects for the production of renewable energy at sea subject to requests for administrative authorization under investigation;
3° Please specify the conditions under which the administrative judge may be appealed against the decisions set out in the 1st and its powers when the administrative judge is seized with such an appeal;
4° Please specify the procedures for monitoring, measures and administrative penalties applicable to the lack of knowledge of the provisions relating to the decisions referred to in 1°;
5° Please specify the procedures for the search for and recognition of offences and the criminal penalties applicable to the lack of knowledge of the provisions relating to the decisions mentioned in 1°.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order the provisions of the law necessary to:
1° Amend chapter V, section 6, title I, of Book V of the Environmental Code to provide for modalities for the application of technology risk prevention plans tailored to property for non-residential use, including by, where they exist, preferences for alternatives to land-use and strengthening work;
2° Specify, clarify and adapt this same section 6 to improve and simplify the development, implementation and revision or modification of technological risk prevention plans.
The order shall be made within twelve months of the publication of this Act. The ratification bill is tabled before Parliament within six months of the issuance of the order.
I.-Section 18 of Order No. 2014-355 of 20 March 2014 relating to the experimentation of a single authorization for facilities classified for the protection of the environment is supplemented by a V as follows:
"V.-The requests for sole authorization referred to in Articles 2 and 10 filed in the forms provided for by the decree in the Council of State referred to in Article 17 IV before the end of the period of experimentation referred to in Articles 1 and 9 are instructed according to the rules of this order. Single authorizations are issued under the same conditions. »
II.-Article 16 of Order No. 2014-619 of 12 June 2014 referred to above is amended as follows:
1° At the beginning, it is added an I as follows:
"I.-Applications for single authorization filed in the forms prescribed by the decree in the Council of State referred to in Article 15 before the end of the period of experimentation are instructed according to the rules of this order. Single authorizations are issued under the same conditions. » ;
2° At the beginning of the article, the mention is added: "II.-".
I.-After Article L. 314-1 of the Energy Code, an article L. 314-1-1 is reinstated as follows:
"Art. L. 314-1-1.-The cogeneration facilities with a power greater than 12 megawatts and operating as of January 1, 2013 can benefit from a transitional contract that pays them for the annual availability of their production capacity, both in winter and in summer, for a maximum period of three years ending no later than December 31, 2016. This contract is signed with Electricité de France. Compensation takes into account the necessary investments until December 31, 2016 and the cost-effectiveness of the facilities including all future forecast revenues. It also takes into account the positive impact of these facilities on the environment. Such remuneration shall be capped by an annual maximum amount and shall not be accumulated with that resulting from a contract of obligation to purchase referred to in Article L. 314-1 or a call for tenders referred to in Article L. 311-10.
"The terms of this contract and the ceiling of remuneration are fixed by decree of ministers responsible for the economy and energy, after the opinion of the Energy Regulation Commission. »
II.-The I applies effective July 16, 2013.
The environmental code is modified as follows:
1° Article L. 362-3 is supplemented by a paragraph as follows:
"By derogation, the conveyance by these customer devices to the altitude tourist establishments offering a catering service is allowed, under conditions fixed by decree in the Council of State. » ;
2° In the first paragraph of Article L. 362-5, the word "last" is replaced by the word "third".
I.-Under the conditions laid down in article 38 of the Constitution, the Government is authorized to make by order any measure relevant to the law in order to:
1° To reduce the minimum number of shareholders in unlisted anonymous companies and to adjust accordingly the rules of administration, operation and control of these companies, without questioning the skills and rules of composition, organization and operation of their bodies;
2° To establish a simplified procedure for the liquidation of commercial companies that have a small amount of assets and debts and employ no employee, in accordance with the rights of creditors, for cases not covered by the judicial liquidation provided for in Book VI of the Commercial Code.
II.-The trade code is amended as follows:
1° At the end of the eighth paragraph of Article L. 223-18, the reference: "in the second paragraph of Article L. 223-30" is replaced by the reference: "in Article L. 223-29";
2° Article L. 223-30 is amended as follows:
(a) The first paragraph is supplemented by a sentence as follows:
"Subject to the eighth paragraph of Article L. 223-18, the displacement of the head office is decided by one or more associates representing more than half of the share of society. » ;
(b) The third sentence of the third paragraph is supplemented by the words: "with the exception of the movement of the head office, decided by one or more associates representing more than half of the shares";
3° The first sentence of the last paragraph of Article L. 236-6 is amended as follows:
(a) After the word: "Societies" are inserted the words "anonymous and European societies";
(b) After the reference: "L. 236-1", the words are inserted: "and the companies involved in a cross-border merger operation within the European Union";
4° The penultimate paragraph of Article L. 239-1 is supplemented by the words: "and, with the exception of companies involved in the field of health or acting as a public or ministerial officer, professionals exercising the profession constituting the social object of these societies".
III.-The last paragraph of section 8 of Act No. 90-1258 of 31 December 1990 relating to the exercise in the form of companies of liberal professions subject to legislative or regulatory status or whose title is protected and to companies of financial participation of liberal professions is supplemented by the words "and, with the exception of companies involved in the field of health or exercising the functions of public or ministerial officer, of professionals exercising the profession".
I.-At the 5th of Article 635 of the General Tax Code, the words "training" are deleted.
II.-The I applies as of July 1, 2015 in accordance with the terms defined by Order in Council.
Article L. 114-20 of the mutuality code is supplemented by two paragraphs as follows:
"Except where the board of directors is meeting to conduct the operations referred to in the third paragraph of section L. 114-17 and unless otherwise provided by the statutes, the rules of procedure may provide that directors who participate in the meeting are deemed to be present by means of videoconferencing or telecommunications allowing their identification and ensuring their effective participation. These means transmit at least the voice of the participants and meet technical characteristics that allow the continuous and simultaneous retransmission of the deliberations.
"The statutes may limit the nature of the decisions that may be taken at a meeting held under the conditions provided for in the penultimate paragraph of this section and provide for a right of opposition to a specified number of directors. »
Section 2 of chapter IV of title II of Book V of the Rural Code and Maritime Fisheries is supplemented by an article L. 524-6-6 as follows:
"Art. L. 524-6.-Agricultural cooperative societies and their unions that meet the definition of microenterprises within the meaning ofArticle L. 123-16-1 of the Commercial Code, with the exception of the companies referred to in Article L. 123-16-2 of the same code and those whose activity consists in managing securities of interest and securities, may declare that the annual accounts they file are not made public. Judicial authorities, administrative authorities within the meaning ofArticle 1 of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations, and the Bank of France, however, have access to these accounts. »
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order any measure relevant to the law in order to simplify the reporting obligations in tax matters provided for in the General Tax Code and applicable to legal persons subject to corporate tax, as well as to individual and income tax companies.
The penultimate paragraph of Articles L. 313-3 of the Consumer Code and L. 313-5 of the Monetary and Financial Code are deleted.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order any measure within the area of the law in order to simplify the reporting obligations of companies with respect to the collection and royalties of the games and bets mentioned in the General Tax Code and Social Security Codein order to allow them to report these levies in the same manner as the value added tax.
Article 1679 bis B of the General Tax Code is supplemented by a paragraph to read:
"The payment of the employer's participation in the development of the continuing professional training set out in section 235 ter G of this Code shall be made to the competent public accountant, accompanied by a payment slip established by a model established by the administration, and filed no later than 30 April of the year following the payment of remuneration. »
The withdrawal authorizations signed in the framework of national teleregulation schemes with State administrations, social security agencies and social welfare agencies remain valid in the migration to the removal of enterprises in accordance with the requirements of Regulation (EU) No. 260/2012 of the European Parliament and the Council, of 14 March 2012, establishing technical and commercial requirements for transfers and withdrawals in euros and amending Regulation (EC) No. 924/2009
I. - The general tax code is amended as follows:
1° Section 257 is amended as follows:
(a) 3 of the I is thus written:
“3. Also subject to the value added tax:
« 1° Deliveries to themselves of real estate works mentioned in the IV of article 278 sexies and in article 278 sexies Made by persons subject to the meaning of section 256 A;
« 2° The self-delivery of buildings referred to in the II of section 278 sexies carried out outside of an economic activity, within the meaning of section 256 A, by any person then subject to that title. » ;
(b) After the word "complete", the end of the 2nd of the 1st of the II is deleted;
2° In 6 of 266, the words "targeted to b" are replaced by the words: "referred to";
3° Article 269 is amended as follows:
(a) The b is thus written:
“(b) For the self-delivery of new buildings taxed pursuant to 2° of 1 of 2 II of Article 257, at the time when the filing of the declaration provided for in the building permit regulations is required; » ;
(b) In d, the words: "targeted to b" are replaced by the words: "as mentioned in";
4° In the first sentence of Article 270 II, the words: "as mentioned in the 1st of 3 of I" are replaced by the words: "new buildings taxed under the 2nd of 1 of II".
II. - I is applicable to self-delivered deliveries, the fact of which comes from the date of entry into force of this Act.
I. - The general tax code is amended as follows:
1° At the penultimate paragraph of Article 99, after the reference: "of I", is inserted the reference: "and I bis";
2° In the last paragraph of 3° of Article 286, the reference: "to I" is replaced by the references: "to I and I bis".
II. - Article L. 102 B of the Tax Procedures Book is amended as follows:
1° The second sentence of the first paragraph of I is deleted;
2° After I, it is inserted an Ibi as follows:
"I bis. - Information, documents, data, computer processing or system of information constituting the controls mentioned in 1° of Article 289 of the General Tax Code and documentation describing their implementation procedures shall be retained for a period of six years from the date on which documents or parts have been prepared, either in computer or in paper form. » ;
3° In the first sentence of II, the words "targeted in I" are replaced by the words: "as mentioned in I or I bis".
III. - The terms and conditions for electronic archiving of the information, documents, data, computer processing, information system and documentation referred to in I bis of Article L. 102 B of the Tax Procedures Book, in its drafting as a result of this Article, are fixed by order of the Minister responsible for the budget.
IV. - I and II come into force on the date of publication of the Order referred to in III, and no later than January 1, 2016.
Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations is thus amended:
1° After Article 4, an article 4-1 is inserted as follows:
"Art. 4-1.-By derogation from the second paragraph of Article 4, they shall be exempted from the signature of their author, provided that they have his first name, name and quality and the mention of the service to which he belongs, the following acts and decisions emanating from the administrative authorities referred to in Article 1:
« 1° Administrative decisions that are notified to users via a teleservice in accordance with the articles 4 and 9-12 Order No. 2005-1516 of 8 December 2005 on electronic exchanges between users and administrative authorities and between administrative authorities as well as preparatory acts for such decisions;
« 2° Regardless of the terms and conditions under which they are notified to the interested parties, notices to third-party holders, opposition to third-party holders, administrative objections and seizures to third-party holders, addressed both to the seized third-party and to the debtor, letters of appeal relating to the count or recovery, the notices to be entitled to a declaration or to make a payment, the decisions for the total admission of a record » ;
2° In the first paragraph of Article 41, the references: "1 to 4.5 to 7" are replaced by the references: "1 to 7".
The first paragraph of Article L. 723-43 of the Rural and Maritime Fisheries Code is supplemented by a sentence as follows:
"The Central Fund for Agricultural Social Mutuality is also authorized to communicate this same information to the authorities responsible for the instruction of applications and the control of the reimbursement of the domestic consumption tax provided for in theArticle 265 of the Customs Code and the domestic consumption tax on natural gas provided for in section 266 quinquies of the same code. »
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to take, by order, any measure within the sphere of the law and intended to set the rules of recovery, management and contestation before the specialized administrative court of the parking fee, including the post-station fee, referred to in theArticle L. 2333-87 of the General Code of Territorial Communities, in his writing resulting from theArticle 63 of Act No. 2014-58 of 27 January 2014 the modernization of the territorial public action and affirmation of the metropolises, as well as the rules of contestation of the acts of prosecution taken by the competent accountant.
Sub-section 2 of chapter II, section 1, title I, of Book III of the Monetary and Financial Code is supplemented by an article L. 312-1-8, as follows:
"Art. L. 312-1-8. - Debits for the benefit of public accountants and income regulators for the payment of local products, miscellaneous products and fines for which they collect do not result in any costs to the debtor charged. »
Article L. 6145-9 of the Public Health Code reads as follows:
"Art. L. 6145-9. - I. - Claims of public health institutions are recovered in accordance with the terms defined in the articles L. 1611-5 and L. 1617-5 the general code of territorial authorities.
“II. - By derogation from the 4th of the same article L. 1617-5, for the benefits mentioned in theArticle L. 174-2-1 of the Social Security Code, the agent of a public health institution shall issue both the dematerialized invoice to the paying agency referred to in section L. 174-2 of the same code and the corresponding revenue title to the assigning public accountant, within the time limit set out in section L. 162-25 of that code, so that the invoice has the enforceable force provided for in the 6° of Article L. 111-3 of the Code of Civil Enforcement Procedures and section L. 252 A of the Tax Procedures Book.
"The receipt, by the paying agency mentioned to theArticle L. 174-2 of the Social Security Code, of the file including the dematerialized invoice is notified of the amplification of the revenue title mentioned in 4° of Article L. 1617-5 of the General Code of Territorial Communities.
"By derogation from 4° and 6° of the same article L. 1617-5, the assigning public accountant of the public health institution shall, without a letter of prior revival, issue a reinstatement for one or more revenue titles to interrupt the limitation set out in 3° of the said article L. 1617-5. »
Chapter V of Book I, title VII, of the Social Security Code is supplemented by an article L. 175-3, as follows:
"Art. L. 175-3. - For the purposes of Chapter IV of this Title, the assets of basic health insurance organizations are elusive. »
I. - Article L. 1611-7 of the General Code of Territorial Communities is amended as follows:
1° In the first paragraph of the II and the first sentence of the first paragraph of the III, after the word "may", the words ", by written agreement" are inserted;
2° In the first sentence of the last paragraph of II and the second sentence of the first paragraph of III, the words: "In this case, a binding written agreement" are replaced by the words: "The agreement" and the words: "the local public body" are replaced by the words: "the territorial community or the public institution".
II. - After article L. 1611-7 of the same code, an article L. 1611-7-1 is inserted as follows:
"Art. L. 1611-7-1. - With the exception of any forced execution of their claims, the territorial authorities and their public institutions may, after a notice of their public accountant and by written agreement, encumber a public or private organization:
« 1° The product of rights to access cultural, sports and tourist benefits;
« 2° Income from the buildings owned and entrusted to them in stewardship, or other goods and royalties of the domain whose list is fixed by decree;
« 3° Income derived from benefits provided under a contract relating to the management of the public water service, the public sanitation service or any other public service whose list is set by decree.
"The agreement carries out a mandate given to the organization to ensure the payment on behalf of and on behalf of the territorial community or the administrative public institution. It provides for at least annual accountability of accounts and related documents. It may also provide for the payment by the proxy agency of the refund of wrongly cashed revenues.
"The accounting and financial provisions necessary for the application of this section are specified by decree. »
III. - The State, its public establishments, national public interest groups and independent public authorities may, after their public accountant's notice and by written agreement, entrust to a public or private body the receipt or payment of expenses.
Can be paid by terms of reference agreement:
1° Operating expenses;
2° Investment expenses;
3° Response expenses;
4° Job aids;
5° Assimilated pension, rent and emoluments expenses.
Can be recovered by terms of reference:
(a) Clean revenues from state public institutions, national public interest groups and independent public authorities;
(b) Revenue from benefits provided;
(c) The royalties;
(d) Non-tax revenues from the issuance of visas in diplomatic and consular Chancellery.
The agreement carries out a mandate given to the organization to ensure the receipt or payment of expenses on behalf of and on behalf of the State, public establishment, national public interest group or the independent public authority. It provides for at least annual accountability of accounts and related documents. It may also provide for the payment by the proxy agency of the refund of wrongly cashed revenues and the recovery and fulfilment of any undue payments.
The conditions of application of this III are defined by decree.
IV. - The terms of reference conventions that are in progress on the date of publication of this Act, concluded by the territorial authorities or their public institutions on the basis ofArticle L. 1611-7 of the General Code of Territorial Communities, are made in accordance with the provisions of Article L. 1611-7, as derived from the I of this Article, not later than at the time of their renewal.
V. - The current terms of reference conventions on the date of publication of this Act, concluded by the State, its public institutions, national public interest groups, independent public authorities, territorial authorities and their public institutions, shall, as the case may be, be in conformity with the provisions of Article L. 1611-7-1 of the general code of territorial authorities, as it arises from Article II, or with the provisions of Article III, at the latest.
The 2 of Article 30 of Act No. 84-148 of 1 March 1984 on the prevention and amicable settlement of business difficulties is thus drafted:
“2. The auditors of public institutions of the State are designated under the conditions provided for in theArticle L. 823-1 of the Commercial Code. When financial securities of the institution are admitted to negotiations on a regulated market, this designation is made after notice of the Autorité des marchés financiers, under conditions fixed by decree. »
I. - Under the conditions provided for in article 38 of the Constitution, the Government is authorized to make orders for any measure within the sphere of the law:
1° Requiring to the transposition of Directive 2014/24/EU of the European Parliament and of the Council, of 26 February 2014, on the procurement of public markets and repealing Directive 2004/18/EC, and Directive 2014/25/EU of the European Parliament and the Council, of 26 February 2014, on procurement by entities operating in the sectors of water, energy, transport and postal services
2° Rationalizing for all public order contracts which are public procurement within the meaning of European Union law:
(a) The general rules for the procurement and execution of these contracts;
(b) The legal framework applicable to global contracts, including sectoral contracts, to harmonize the rules relating to these contracts;
3° Clarifying the purpose of the authorizations to occupy the properties of public persons and their relationship with the law of public order;
4° Provided for global contracts:
(a) The modalities for the preparation of assessments prior to their procurement in order to enhance the legal and financial security of such contracts;
(b) The terms and conditions of recourse and implementation of such contracts which may be limited to their use;
(c) Setting a financial threshold from which the use of a global contract is possible;
5° Apporting the modifications that would be made necessary to ensure respect for the hierarchy of standards and the editorial coherence of the texts thus collected, to harmonize the rule of law, to correct any errors and to repeal the provisions that have become irrelevant;
6° Allowing to extend, with the necessary modifications, in New Caledonia, French Polynesia, Wallis and Futuna Islands and in French Southern and Antarctic Lands the rules relating to public markets, subject to the competences vested in these communities.
II. - The order set out in I applies to contracts for which a procurement procedure is initiated on a date that may not be earlier than January 1, 2016.
I.-Chapter I of Book VII title I of the Commercial Code is amended as follows:
1° Article L. 711-4 is supplemented by a paragraph as follows:
"In the exercise of the competencies referred to in the first paragraph of this article, the Chambers of Commerce and Territorial Industry may establish and manage schools known as consular higher education institutions, under the conditions set out in section 5 of this chapter. » ;
2° After the first paragraph of Article L. 711-9, it is inserted a paragraph as follows:
"In the exercise of the competencies referred to in the first paragraph, the Chambers of Commerce and Industry of the Region may establish and manage schools known as consular higher education institutions under the conditions set out in section 5 of this chapter. » ;
3° Is added a section 5 as follows:
“Section 5
"The schools of local business and industry chambers and chambers of commerce and industry in the region
"Art. L. 711-17.- Consular higher education institutions are private legal entities governed by the statutory provisions applicable to anonymous societies, as they are not contrary to the specific provisions that govern them.
"By derogation from section L. 225-1, the number of associates may be less than seven.
"The Chambers of Commerce and Territorial Industry and the Chambers of Commerce and Industry of the Region shall, directly or indirectly, hold alone or jointly, if any with one or more inter-consular groupings, the majority of capital and voting rights at the general assembly of these establishments. No other shareholder or group of shareholders, acting alone or in concert, may hold, directly or indirectly, more than 33% of the voting rights at the general assembly of these institutions.
"Interested regions, alone or, within the framework of a convention, with other territorial authorities and their groups, may take part in the capital of consular higher education institutions.
"Where applicable, and by derogation from section L. 225-20, the civil liability of representatives of the territorial authorities to the board of directors of a consular higher education institution is vested in the territorial or grouping of which they are agents.
"Local elected officials acting as agents of the territorial authorities or their groupings within the board of directors or the supervisory board of the consular higher education institutions and acting as members of the board of directors or supervisory board are not considered to be contractors of municipal, departmental or regional services within the meaning of the articles L. 207, L. 231 and L. 343 the electoral code and not considered to be interested in the case within the meaning of theArticle L. 2131-11 of the General Code of Territorial Communitieswhere the community or grouping deliberates its relationship with the consular higher education institution. Local elected officials may not participate in tenders when the consular higher education institution of which they are members is a candidate for the award of a public market.
"Subject toArticle L. 443-1 of the Education Code, consular higher education institutions are empowered to operate in France and abroad, subject to the agreement of the interested governments, themselves and through subsidiaries or participations, any activities that relate, directly or indirectly, to their missions and activities, as defined by the convention referred to in Article L. 711-19 of this Code, as well as any other activity provided by their statutes.
"When a consular higher education institution has made a distribuable benefit, within the meaning of the first paragraph of Article L. 232-11, it is assigned to the constitution of reservations.
"The statutes of consular higher education institutions are approved by decree of ministers responsible for higher education, trade and industry.
"Art. L. 711-18.-The board of directors or supervision of a consular higher education institution is composed of twelve to twenty-four members, including at least one student representative, at least three elected members, two of whom are by the teachers and one by the other categories of staff, including, where applicable, the personnel made available to the institution pursuant to V of Article 43 of Act No. 2014-1545 of 20 December 2014 relating to the simplification of business life and, where appropriate, the Dean of the Faculty or any person performing similar functions. The election is governed by the last six paragraphs of section L. 225-28. A decree in the Council of State specifies the conditions required to be elector and eligible.
"The representation of the business committee on these boards is ensured by a member of the board designated by the board.
“The elected members of these bodies shall not receive any remuneration for their functions. Reimbursement of costs is allowed on justification.
"Art. L. 711-19.-The Chambers of Commerce and Territorial Industry and the Chambers of Commerce and Industry of the Region define by agreement their relations with the consular higher education institutions they have established, together or separately. Articles L. 225-40 and L. 225-88 are not applicable to the convention. A decree in the Council of State specifies the provisions of the convention.
"The Chambers of Commerce and Territorial Industry and the Chambers of Commerce and Industry of the Region maintain the provision free of distinguishing signs used by or assigned to them by the higher consular institutions.
"Art. L. 711-20.- Staff representatives to the corporate committees of the consular higher education institutions are elected on lists prepared by trade union organizations for each college. The committees include the following three colleges:
« 1° The College of Workers and Employees;
« 2° The College of Engineers, Chiefs of Service, Technicians, Masters and Associates;
« 3° The College of Teachers.
"The article L. 2324-11 and the second paragraph of the article L. 2324-12 the Labour Code is not applicable to these committees.
"By derogation from sections L. 2327-4 and L. 2327-5 of the same code, in the event of establishment committees and a central board of business in accordance with section L. 2327-1 of the said Code, each establishment committee within which there is a college of teaching staff is represented in the central board of business by at least one incumbent delegate and one alternate delegate from that college.
"Art. L. 711-21.-The public law officers at the disposal of a consular higher education institution shall choose whether they exercise their right to vote and to be nominated for the election of staff representatives to the regional joint commissions at the regional chambers of commerce and industry or at the election of staff and corporate committee delegates at the consular higher education institution. In the latter case, they are electors and eligible for the election of staff and business committee delegates under the same conditions as employees of the consular higher education institution. For the condition of seniority, the cumulative seniority is taken into account in the Chamber of Commerce and Industry and in the consular higher education institution. »
II.-The education code is amended as follows:
1° Article L. 443-1 is as follows:
"Art. L. 443-1.-The schools, as well as the affiliates of these schools that carry out educational activities for the issuance of diplomas recognized by the State, created and administered by the territorial Chambers of Commerce and Industry under theArticle L. 711-4 of the Commercial Code or by the Chambers of Commerce and Industry of Region under Article L. 711-9 of the same Code, are subject to the regime of the establishments referred to in Article L. 443-2 of this Code. » ;
2° Section L. 753-1 is amended as follows:
(a) The reference: "L. 711-5" is replaced by the reference: "L. 711-4";
(b) After the words: "trade code", the words are inserted: "or by the chambers of commerce and industry of the region under Article L. 711-9 of the same code".
III.-The Chambers of Commerce and Territorial Industry and Chambers of Commerce and Industry of the Region may transfer to one or more consular higher education institutions, established in accordance with the second paragraph of Article L. 711-4 or to the second paragraph of Article L. 711-4 second paragraph of Article L. 711-9 of the Commercial Code, property, rights, obligations, contracts, conventions and authorizations of any kind, including participations, corresponding to one or more initial and continuing vocational training institutions, within the meaning of the first paragraph of the same articles L. 711-4 and L. 711-9. As part of this transfer, consular higher education institutions continue to issue diplomas in conditions similar to those previously existing.
The transfers referred to in the first paragraph of this III shall be carried out in full law and without any formality, notwithstanding any provision or stipulation to the contrary. They lead to the effect of a universal transmission of heritage as well as the transfer of the proprietary and without formality of the accessories of the assigned receivables and security rights and personal guarantees. The transfer of contracts and agreements in progress, regardless of their legal qualification, entered into by the Chambers of Commerce and Territorial Industry and the Chambers of Commerce and Industry of the Region in the context of the transferred activities, is in such a way as to justify their termination, or the modification of any of their clauses, or, where appropriate, the advance refund of the debts that are the subject of them. Similarly, such transfers are likely to justify the termination or modification of any other agreement entered into by the Chambers of Commerce and Territorial Industry and the Chambers of Commerce and Industry of the Region or the companies that are related to them in the sense of Articles L. 233-1 to L. 233-4 of the Commercial Code.
The transfers provided for in this III shall not result in the payment of any fees or fees, no taxes or wages, no tax or remuneration for the benefit of the State, its agents or any other public person.
IV.-Real property belonging to the public domain of the Chambers of Commerce and Territorial Industry and Chambers of Commerce and Industry of Region under an initial and continuing vocational training institution transformed into a consular higher education institution, under the conditions provided for in this section, shall be declassified and may be freely managed and disposed of under the conditions of common law.
When the assignment of a building property compromises the proper execution by a consular higher education institution of its obligations as a public service, the Chambers of Commerce and Territorial Industry, the Chambers of Commerce and Industry of the region or the inter-consular groupings of that establishment may, in the case that they have brought the buildings concerned by the assignment, oppose the assignment or subordinate its fulfilment to the condition that it has not To this end, the consular higher education institution shall transmit to the boards or shareholder groups any useful information and, in particular, the draft convention with the assignee.
V.-When a consular higher education institution is created under the articles L. 711-4 and L. 711-9 the Commercial Code, public law officers under the statute of the administrative staff of the Chambers of Commerce and Industry, established in accordance with the Act No. 52-1311 of 10 December 1952 relating to the mandatory establishment of a statute of the administrative staff of the Chambers of Agriculture, Chambers of Commerce and Chambers of Business, assigned to the activities transferred to that establishment are made available to the establishment so created or its subsidiaries for the remaining duration of their contract for fixed-term contract agents and for a maximum of fifteen years for incumbent and interns.
An agreement between the Chamber of Commerce and Industry concerned and the Consular Higher Education Institution determines the conditions for the conduct and termination of such provision and the conditions for the management of the consular higher education institution of all the associated costs.
During the period of making available, each indeterminate contract officer at the disposal may at any time request that a contract of private law be proposed by the consular higher education institution. The conclusion of this contract then removes the number of employees in the Chamber of Commerce and Industry concerned. At the end of the period provided for in the first paragraph of this V, the consular higher education institution proposes to each incumbent officer a contract of work of private law, the conclusion of which results in the deletion of the staff of the Chamber of Commerce and Industry concerned. In the event of an agent's refusal to enter into this contract of work, the Chamber of Commerce and Industry concerned proposes another job at its own level.
VI.-When a Chamber of Commerce and Territorial Industry or a Chamber of Commerce and Industry of the Region implements a higher education activity by participating in an association governed by the Act of 1 July 1901 relating to the contract of association, the said association may establish a consular higher education institution governed by section 5 of Chapter I of Title I of Book VII of the trade code of which it holds, either alone or jointly with a group
All contracts related to the filialized higher education activity, which is under way on the day of the establishment of the consular higher education institution, remain between the consular higher education institution and the staff concerned.
Transfers of property, rights, obligations, contracts, conventions and authorizations of any kind, including participations, to a consular higher education institution pursuant to the first paragraph of this VI, shall be carried out in full law and without any formality, notwithstanding any provision or stipulation to the contrary. They lead to the effect of a universal transmission of heritage as well as the transfer of the proprietary and without formality of the proprietors of assigned receivables and security rights guaranteeing them. The transfer of contracts and agreements that are being executed, regardless of their legal qualification, entered into by the associations in the context of the transferred activities, is not likely to justify their termination, or the modification of any of their clauses, or, where appropriate, the advance refund of the debts that are the subject of them. Similarly, such transfers are likely to justify the termination or modification of any other agreement concluded by the associations or companies that are related to them in the sense of Articles L. 233-1 to L. 233-4 of the Commercial Code.
After Article L. 711-1 of the Commercial Code, an article L. 711-1-1 is inserted as follows:
"Art. L. 711-1-1. - Territorial Chambers of Commerce and Industry may join their chambers of commerce and industry in the related region as part of the frameworks mentioned in the 2nd of Article L. 711-8; They disappear within the Chamber of Commerce and Industry of the region and no longer have the status of public establishment.
"Unless otherwise provided by law or by regulation, the Chamber of Commerce and Industry of the Region shall, on the entire electoral district of the Chambers of Commerce and Territorial Industry so dissolved within it, exercise the functions normally vested in the Territorial Chambers. »
Chapter I of Book VII title I of the same code is supplemented by a 6th section written:
“Section 6
"Local Chambers of Commerce and Industry of Chambers of Commerce and Industry of Region
"Art. L. 711-22.-An existing Chamber of Commerce and Territorial Industry in a Region other than the Ile-de-France Region or an Overseas Region may, at its request and in accordance with the master plan referred to in Article L. 711-8, be attached to its Chamber of Commerce and Industry of Region as a Chamber of Commerce and Local Industry that does not have the legal status of a public establishment.
"Art. L. 711-23.-Members of the Chamber of Commerce and Industry of the Region and members of the Chambers of Commerce and Industry of the Region are elected under the same conditions as, respectively, members of the Chambers of Commerce and Industry of the Region and members of the Chambers of Commerce and Territorial Industry.
"Art. L. 711-24.-The presidents of the local Chambers of Commerce and Industry are members of the Assembly of the French Chambers of Commerce and Industry. They are members of the office of the Chamber of Commerce and Industry of the related region.
"Art. L. 711-25.-The local Chambers of Commerce and Industry shall carry out the missions of proximity to any Chamber of Commerce and Territorial Industry, in accordance with sections L. 711-1 to L. 711-4, in accordance with the guidelines defined by the General Assembly of the Chamber of Commerce and Industry of the Region and in accordance with the sectoral diagrams referred to in Article L. 711-8. »
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to take by order the measures relevant to the law in order to merge into a single public institution of the State, on the one hand, the French Agency for International Investments and, on the other hand, UbiFrance, the French Agency for International Business Development.
The second sentence of Article L. 941-4 of the Social Security Code is deleted.
Article 2422 of the Civil Code is thus restored:
"Art. 2422.-The mortgage created for professional purposes by a natural or legal person may subsequently be assigned to the guarantee of professional claims other than those mentioned in the constitutive act provided that the latter expressly provides for it.
"The grantor may then offer it as a guarantee, within the limit of the amount provided for in the constitutive act and referred to in section 2423, not only to the original creditor, but also to a new creditor that the first creditor was not paid.
"The reloading agreement that it passes either with the original creditor or with the new creditor is in the notarial form.
"It is published, in the form provided for in Article 2430, barely unopposable to third parties.
"Its publication determines the rank of creditors receiving the same mortgage.
"Without prejudice to the second paragraph of section 2424, this section is of a public order and any clause contrary to it is deemed to be non-written. »
I. - Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order any measure within the area of the law allowing simplification and adaptation in the tourism sector.
These measures are particularly relevant to:
1° The simplification of the procedures for standardization and urban planning for tourism equipment and facilities;
2° Simplification of the organization of tourism offices;
3° The adaptation of the missions of the economic interest group referred to inArticle L. 141-2 of the Tourism Code ;
4° The clarification of how to distribute and use checks.
II. - Section L. 322-3 and section L. 322-4 of the Sport Code are repealed.
The general code of public ownership is thus amended:
1° In article L. 1121-3, after the word: "to accept", are inserted the words: ", in whole or in part,"
2° After the words: "fixed to the", the end of article L. 2124-27 is thus written: "section 2 of chapter III of titles II and III of Book I of the mining code. » ;
3° In article L. 2124-28, the reference: "by article L. 123-3" is replaced by the references: "to articles L. 123-6 and L. 133-8";
4° In the second sentence of the first paragraph and the second paragraph of Article L. 2323-9, the word "ten" is replaced by the word "five";
5° Book II of Part 5 is amended as follows:
(a) Section L. 5211-1 is amended as follows:
- at 1°, the references: "L. 1121-6," and ", L. 1212-6" are deleted;
- at 2°, the reference: "L. 2222-3," is deleted;
- at 4°, the reference: "L. 4111-5 and" is deleted;
(b) Article L. 5222-1 is as follows:
"Art. L. 5222-1. - For the purposes of Article L. 1212-3, the reference to Article L. 5211-27-2 is deleted. » ;
(c) Article L. 5242-1 is as follows:
"Art. L. 5242-1. - For the purposes of sections L. 3221-1 and L. 3222-2, the reference to section L. 5211-37 is deleted. » ;
(d) Section 1 and subsection 1 of chapter I, section 2 of title II, section 2 of chapter II of title II and sections L. 5232-1, L. 5241-2, L. 5241-4 and L. 5251-1 are repealed.
The Rural and Maritime Fisheries Code is amended as follows:
1° Section L. 523-5 is repealed;
2° In the first sentence of the first paragraph of Article L. 523-5-1, the words: ", in accordance with the provisions of the previous article or as part of their cooperative undertaking," are deleted;
3° At the end of the c of Article L. 524-2-1, the words: "in the first paragraph of Article L. 523-5" are replaced by the words: "in subsidiaries of the cooperative corporation or in companies it controls";
4° In article L. 529-6, the reference: "L. 523-5," is deleted.
After the word: "employees", the end of the first paragraph of Article L. 524-2-3 of the same code is thus written: "or by the joint investment funds to which the latter have subscribed and those of its affiliates. »
I.-The general tax code is amended as follows:
1° In the last paragraph of Article 39 AA quater, [] in the former paragraph of Article 238 bis, in the last paragraph of Article 238 sexdecies, in the first paragraph of Article 244 quater T, in the IV of Article 885-0 V bis A, in the V of Article 1494 I and in the third paragraph of Article
2° In the last paragraph of articles 39 AH, 39 AK, [] to 39 octies E and 39 octies F, [] to IV of article 44 sexies A, [] to the last paragraph of article 44 octies, in the last paragraph of article II of article 44 octies A, in the first sentence of the penultimate paragraph II of article 44 terdecies, C bis, in the third paragraph of Article 1383 D, in the last paragraph of Article 1383 E bis, in the first sentence of the former paragraph of article 1383 I, in the IV of article 1464 L, in its drafting resulting from E of Article 25 of Act No. 2013-1279 of 29 December 2013 for 2013, [] in the first sentence of the penultimate paragraph of I quinquies B and the second sentence of the last paragraph of I sexies of article 1466 A, in the third paragraph of article 1466 D, in the last paragraph of articles 1518 A bis and 1602 A and in the VII of article 1647 C septies, the words "(EC) n° 1998/2006 of the Commission of 15 December 2006 concerning the application of articles 87 and 88 of the treaty" are replaced by the words "(EU) n° 1407/2013 of the Commission, of 18 December 2013, concerning the application of articles 107 and 108 of the Treaty on the Functioning of the European Union";
3° In the second paragraph of Article 1457, the words "(EC) n° 1998/2006 of the Commission of 15 December 2006, concerning the application of Articles 87 and 88 of the Treaty" are replaced by the words "(EU) n° 1407/2013 of the Commission, of 18 December 2013, concerning the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union";
4° In the first sentence of the second paragraph of Article 244 quater T, the words "(EC) No 1998/2006 of the Commission, of 15 December 2006," are replaced by the words "(EU) No 1407/2013 of the Commission, of 18 December 2013,";
5° In the last paragraph of Article 44, paragraph VI, in the first sentence of the last paragraph of Article 244 quater B, in the first sentence of the second paragraph of Article 244 quater O, in the first sentence of the second paragraph of Article 244 quater Q, the words: "(EC) n° 1998/2006 of the Commission of 15 December 2006" are replaced by the words:
6° In the first sentence of the first paragraph of the VI, which is contained in article 199 terdecies-0 A and the first sentence of the first paragraph of Article 885-0 V bis, the words: "(EC) n° 1998/2006 of the Commission, of 15 December 2006, concerning the application of Articles 87 and 88 of the EC Treaty" are replaced by the words: "(EU) No.
7° In the VII of Article 302 bis ZA, the words "(EC) n° 1998/2006 of the Commission of 15 December 2006 concerning the application of Articles 87 and 88 of the EC Treaty" are replaced by the words "(EU) n° 1407/2013 of the Commission, of 18 December 2013, concerning the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union";
8° At the end of the first sentence of the first paragraph of the European Union which includes Article 199 terdecies-0 A, at the end of the IV of Article 200 undecies, at the end of the fourth paragraph of Article 238 bis, at the end of the IV of Article 244 quater L, at the end of the first sentence of Article 885-0
9° In b of 2 of section 119 ter, the words: "on a list prepared by order of the Minister responsible for the economy" are deleted;
10° The second sentence of the first paragraph of Article 235 ter ZD is deleted;
11° At the penultimate paragraph 1 of Article 302 bis K, the words: ", fixed by joint order of the Minister for Budget and the Minister for Civil Aviation," are deleted;
12° In the first paragraph of Article 1522 bis, the words: "in terms set by decree" are deleted.
II.-In the last paragraph of Article L. 241-18 of the Social Security Code, the words "(EC) No. 1998/2006 of the Commission, of 15 December 2006, concerning the application of Articles 87 and 88 of the Treaty" are replaced by the words "(EU) No. 1407/2013 of the Commission, of 18 December 2013, concerning the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union".
III.-At the end of the first paragraph of Article L. 534-1 of the Rural and Maritime Fisheries Code, the words: " Ministers responsible for agriculture and the economy" are replaced by the words: "the Minister responsible for agriculture".
IV.-The 12th of I shall apply effective January 1, 2015 for the transmission of the elements referred to in the first paragraph of Article 1522 bis of the General Tax Code due on that date.
Book I of the consumer code is thus modified:
1° The first part of article L. 121-15 is as follows:
« 1° On a commercial transaction subject to authorization or declaration under either articles L. 310-1 to L. 310-4 and L. 310-7 the trade code, namely articles L. 752-1 and L. 752-16 of the same code, and which were not subject to such authorization or declaration; » ;
2° Section 2 of Chapter I of Title II is amended as follows:
(a) In the first sentence of the first paragraph of Article L. 121-18-1, after the word "example", the word "dated" is inserted;
(b) Section L. 121-21 is amended as follows:
-the 2° is supplemented by a sentence as follows:
"The consumer may exercise his right of withdrawal from the conclusion of the contract. » ;
- have added two subparagraphs as follows:
"When the contract for the acquisition or transfer of a real estate property is preceded by a preliminary contract provided for in Article L. 261-15 of the Construction and Housing Code or a synallagmatic or unilateral promise of sale, concluded off-site, the withdrawal period shall be short from the conclusion of that preliminary contract or promise.
"For contracts intended for the construction of real property, the withdrawal period shall be short of their conclusion. » ;
(c) In the first sentence of article L. 121-22, after the word "articles", the reference is inserted: "L. 121-17",
(d) Is added a sub-section 10 as follows:
"Subsection 10
“Common provisions
"Art. L. 121-25.-The provisions of this section are public. » ;
3° Article L. 121-34-2 is supplemented by a paragraph as follows:
"A breach of this section shall be liable to an administrative fine of not more than €3,000 for a natural person and €15,000 for a legal person. The fine is imposed under the conditions set out in section L. 141-1-2. » ;
4° Section 6 of chapter I of title II is amended as follows:
(a) Article L. 121-36 is as follows:
"Art. L. 121-36.-Trade practices implemented by professionals in respect of consumers, in the form of promotional operations aimed at the attribution of gain or benefit of any kind by way of a random draw, regardless of the terms, or by the intervention of a random element, are lawful as long as they are not unfair in the meaning of section L. » ;
(b) Articles L. 121-36-1 to L. 121-41 are repealed;
5° Article L. 121-49 is supplemented by a paragraph as follows:
"The breaches in this section are sought and found under the conditions set out in I of Article L. 141-1. » ;
6° At the beginning of the 2nd of Article L. 121-87, the words: "The telephone number and, if applicable, the electronic address" are replaced by the words: "Telephone and electronic contact information";
7° Section 14 of chapter I of title II is amended as follows:
(a) The last paragraph of Article L. 121-97 is deleted;
(b) An article L. 121-98-1 is added as follows:
"Art. L. 121-98-1.-Any breach of this section is liable to an administrative fine of not more than €3,000 for a natural person and €15,000 for a legal person. The fine is imposed under the conditions set out in section L. 141-1-2. » ;
8° Section 17 of Chapter I of Title II is supplemented by articles L. 121-113 and L. 121-114 as follows:
"Art. L. 121-113.-The breaches in this section are sought and found under the conditions set out in I of section L. 141-1.
"Art. L. 121-114.-Any breach of this section is liable to an administrative fine of not more than €3,000 for a natural person and €15,000 for a legal person. The fine is imposed under the conditions set out in section L. 141-1-2. » ;
9° Section L. 122-3 is amended as follows:
(a) The second paragraph is deleted;
(b) It is added a paragraph to read:
"This section also applies to contracts relating to the provision of water, gas or electricity when not conditioned in a delimited volume or in a specified quantity as well as to the provision of urban heating and digital content not provided on a material basis. » ;
10° Article L. 141-1 is amended as follows:
(a) At 2° of I, the references: ", 2,3" are replaced by the reference: "to 4 bis" and the reference: "and 12" is replaced by the references: ", 12 and 15";
(b) At 3° of I, the references: ", 4 and 5" are replaced by the reference: "to 6";
(c) At 3° of the III, the reference: "and 2" is replaced by the reference: "to 6".
Article L. 211-23 of the Tourism Code is amended as follows:
1° In the first paragraph of the I, the words "six months" are replaced by the words "one year" and the amount: "7 500 euros" is replaced by the amount: "15 000 €";
2° It is added a III as follows:
"III. - Any breach of section 2 of this chapter shall be liable to an administrative fine of not more than €3,000 for a natural person and €15,000 for a legal person. The fine is pronounced under the conditions provided for in theArticle L. 141-1-2 of the Consumer Code. »
I. - The one.Order No. 2014-471 of 7 May 2014 extending and adapting to New Caledonia provisions of Book IV of the Code of Commerce under the jurisdiction of the State in respect of powers of investigation, remedies, sanctions and offences shall be ratified.
II. - The same Order No. 2014-471 of 7 May 2014 is amended as follows:
1° Article 6 is supplemented by a paragraph to read:
"It is punishable by four years' imprisonment that every natural person fraudulently take a personal and determinant part in the design, organization or implementation of practices referred to in articles Lp. 421-1 and Lp. 421-2 of Trade code applicable in New Caledonia. » ;
2° In Article 8, after the reference: "5", the reference is inserted: "and the second paragraph of Article 6".
III. - The one.Order No. 2014-487 of 15 May 2014 extending and adapting to the Wallis and Futuna Islands Trade code is ratified.
IV. - Section 1 of the same Order No. 2014-487 of 15 May 2014 is amended as follows:
1° At the beginning of the first paragraph, the mention is added: "I. -";
2° It is added a II as follows:
“II. - Provisions whose application is extended to the Wallis and Futuna islands by the 4° of Article L. 950-1 of the Commercial Code are applicable in their drafting in force on the day on which the Act No. 2014-1545 of 20 December 2014 on the simplification of business life. »
V. - Article L. 954-8 of the Commercial Code is as follows:
"Art. L. 954-8. - Article L. 450-1 is amended as follows:
« 1° The last two paragraphs of I are deleted;
« 2° In II, after the word “economy”, the words are inserted: “as well as agents of the economic affairs and the development of Wallis-et-Futuna”.
Article L. 621-20-3 of the monetary and financial code, in its writing resulting from article 71 of Act No. 2013-1117 of 6 December 2013 on the fight against tax evasion and great economic and financial delinquency, becomes Article L. 621-20-4.
I. - The order under section 49 shall be made within four months of the promulgation of this Act.
II. - Orders under sections 1st, 27 and 29 shall be made within six months of the promulgation of this Act.
III. - Orders under articles 2, 4, 5, I, 12, 15 and 23 and 36, 42 and 46 shall be made within nine months of the promulgation of this Act.
IV. - Orders under sections 9 and 10 shall be made within twelve months of the promulgation of this Act.
V. - The order under section 18 shall be made within eighteen months of the promulgation of this Act.
For each order set out in this Act, a bill of ratification shall be tabled before Parliament within five months of the issuance of the order.
This law will be enforced as a law of the State.
Done in Paris, 20 December 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Economy, Industry and Digital,
Emmanuel Macron
State Secretary for State Reform and Simplification,
Thierry Mandon
