Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Ecology, Sustainable Development and Energy,
Having regard to the Constitution, including article 38;
Having regard to the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation by private companies concessionaries of a fixed trans-manche link, done at Cantorbéry on 12 February 1986;
Considering the Commission's Implementing Regulation (EU) No. 869/2014 of 11 August 2014 on new passenger rail transport services;
Having regard to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway space (reflects);
Vu le building and housing codeincluding article L. 612-1;
Vu le environmental codeincluding articles L. 422-10 and L. 429-13;
Vu le Family code and social assistanceincluding article 162;
Vu le general code of territorial authoritiesincluding articles L. 1612-15-1 and L. 1614-8-1;
Vu le general code of public ownershipincluding article L. 3114-1;
Vu le Administrative Justice Codeincluding article L. 311-6;
Vu le Code of Military Disability Pensions and War Victimsincluding articles L. 320 and L. 324 bis;
Vu le Code of Criminal Procedureincluding articles 529-3 and 529-4;
Vu le Internal Security Codeincluding article L. 615-1;
Vu le Social Security Codeincluding articles L. 131-8, L. 134-3, L. 134-5, L. 223-1 and L. 413-14;
Vu le Transport code ;
Vu le urban planning codeincluding article L. 240-1;
Vu la Act No. 50-891 of 1 August 1950 providing railway transport facilities to beneficiaries of an annuity, pension, pension, pension, allowance or a viager benefit, paid under a social security regime, including its article 1;
Vu la Act No. 82-1153 of 30 December 1982 the orientation of inland transport, including Article 22;
Vu la Act No. 97-135 of 13 February 1997 creating the public establishment " Réseau ferré de France" for the renewal of railway transport, including articles 1st, 2-1 and 2-2;
Vu la Act No. 2009-1503 of 8 December 2009 relating to the organization and regulation of railway transport and carrying various provisions relating to transport, including Articles 6 and 7;
Vu la Act No. 2013-907 of 11 October 2013 the transparency of public life, including article 11;
Vu la Act No. 2014-872 of 4 August 2014 including articles 25, 26, 29 to 31, 36 and 38;
See?Order No. 2005-898 of 2 August 2005 updating and adapting books III and IV of the Code of Maritime Ports;
In light of Order No. 2010-1307 of 28 October 2010 on the legislative part of the transportation codein particular its article 9;
Considering the referral for opinions of the intergovernmental commission of the high-speed railway line between France and Spain (Mediterranean country) dated 5 May 2015;
Considering the opinion of the Railway Regulatory Authority of 1 July 2015;
Having regard to the advice of the Intergovernmental Commission on the Transmanche Fixed Liaison dated 4 July 2015;
The Council of State heard;
The Council of Ministers heard,
Order:
The preliminary chapter of Book I of Part II of the Transport Code (Legislative Party) is amended as follows:
1° At 3° of Article L. 2100-1 and 5° of Article L. 2100-2, the word "infrastructure" is replaced by the word "installations";
2° The second paragraph of Article L. 2100-3 is amended as follows:
(a) The words: "service infrastructure operators" are deleted;
(b) After the words: "large marine ports" are inserted the words: "and other operators of service facilities,"
3° The first paragraph of Article L. 2100-4 is amended as follows:
(a) The words: "infrastructures" are replaced by the words: "installations";
(b) The words: "persons authorized to request railway infrastructure capabilities" are replaced by the words "other candidates".
Chapter I of Book I of Part II of the Transportation Code (Legislative Party) is amended as follows:
1° Article L. 2111-9 is amended as follows:
(a) At the 5th and last paragraph, the word "infrastructure" is replaced by the word "installations";
(b) At the penultimate paragraph, the words: "in conditions ensuring the independence of the functions mentioned in 1°, guaranteeing free and fair competition and the absence of any discrimination between railway companies" are replaced by the words: "in the conditions laid down in Article L. 2122-4-3";
2° Before the last paragraph of Article L. 2111-10, it is inserted a paragraph as follows:
"SNCF Réseau ensures the consistency of its business plan referred to in Article L. 2122-7-1 with the provisions of the contract. It aligns the period of the business plan with that of contract execution. » ;
3° At the penultimate paragraph of Article L. 2111-11, the words: "related to use" are replaced by the words: "use";
4° It is inserted after the word: " royalties" in Article L. 2111-24 and after the first occurrence of this word in Article L. 2111-25 the words: "infrastructure";
5° Article L. 2111-24 is amended as follows:
(a) At 2°, the words "who are brought to him or who he acquires" are replaced by the words: "whose owner is";
(b) In the last paragraph, the words: "from its creation" are deleted.
Chapter II of Book I II of Part II of the Transportation Code (Legislative Party) is amended as follows:
1° In Article L. 2122-1, the words: "at ports and terminals serving or serving more than one end user" are replaced by the words: "at service facilities or those serving or serving more than one end user";
2° Section L. 2122-2 is replaced by the following provisions:
"Art. L. 2122-2.-I.-Ne are not subject to the provisions of Section 2 of this Chapter, Part II of Article L. 2122-9 and sections L. 2122-11 to L. 2122-13 the lines intended solely for the operation of urban or suburban railway services and the lines that are not used, for railway services of goods, only by a single railway undertaking that does not carry on any other scale of railway transport services to the national level
"II.-Ne are not subject to the provisions of section 2 of this chapter, with the exception of its article L. 2122-4-3 and articles L. 2122-11 to L. 2122-13, the local railway infrastructure whose list is fixed by order of the Minister for Transport made after notification to the European Commission and decision taken by the European Commission recognizing the lack of strategic importance for the European railway market according to the criteria set out in Article 2, 2012/3 » ;
3° In Article L. 2122-3, the words: "a segment" are replaced by the words: "a section" and the words: "at any given time" are replaced by the words: "in a given period";
4° Section L. 2122-4 is moved at the end of Section 1 and is amended as follows:
(a) The last two sentences are replaced by the following:
"No public funds paid to any of these activities can be allocated to the other. Companies engaged in the operation of rail transport services and the management of railway infrastructure are required to file annually in the trade register and companies full separate accounts, including balance sheet, result account and annexes. These separate accounts distinguish, in each of these documents, the related elements, on the one hand, to the operations of railway services and, on the other, to the management of railway infrastructure. » ;
(b) It is added a paragraph to read:
"The accounts are held in such a way as to allow the monitoring of the prohibition to transfer public funds from one activity to another and the control of the use of revenues from infrastructure royalties and surpluses from other business activities. » ;
5° At the beginning of section 2, the following provisions are inserted:
"Art. L. 2122-4-1.-The capabilities of the available infrastructure are divided by the infrastructure manager or, in the event of a plurality of managers, by the manager who exercises the distribution function. SNCF Network and the public service delegation holders referred to in sections L. 2111-11 and L. 2111-12 distribute, each with respect to it, the capacity to use the national grid infrastructure.
"The general principles and procedures applicable to the distribution of railway infrastructure capacities are set by decree, without prejudice to the acts of the competent intergovernmental commissions.
"This decree specifies, among other things, the rules of priority applicable to the declared saturated infrastructure and, in particular, those enjoyed by railway freight services from and to ports.
"Art. L. 2122-4-2.-The use of railway infrastructure results in the collection by the infrastructure manager of infrastructure fees that it affects in the financing of its activities.
"Without prejudice to Article L. 2111-25, the general principles and procedures for the pricing of railway infrastructure are set by regulation, subject to the acts of the competent intergovernmental commissions.
"Art. L. 2122-4-3.-The management functions of railway infrastructure related to the distribution of capacity and the pricing of the use of railway infrastructure are exercised by the infrastructure manager independently on the legal, decision-making and organizational level with respect to railway companies and under conditions guaranteeing free and fair competition and ensuring equitable and non-discriminatory access to infrastructure. The infrastructure manager cannot entrust the exercise of these functions to a railway company. » ;
6° Article L. 2122-4-1 becomes Article L. 2122-4-4;
7° Section L. 2122-4-2 becomes Article L. 2122-4-5 and is amended as follows:
(a) In the first sentence, the words: "Article L. 2122-4-1" are replaced by the words: "Article L. 2122-4-4";
(b) The last sentence is deleted;
(c) It is added a paragraph to read:
"For its staff, it sets out a confidential information management plan that specifies the list of information referred to in section L. 2122-4-4 held by the infrastructure manager's services responsible for the allocation of capacity and infrastructure pricing and their terms and conditions of use and communication. This plan is taken according to the Autorité de regulation des activitésrails. » ;
8° After the article L. 2122-4-2 become L. 2122-4-5, two articles L. 2122-4-6 and L. 2122-4-7 are inserted as follows:
"Art. L. 2122-4-6.-For the cooperation they conduct, in a transparent manner between them and with the infrastructure managers of the other EU member states to improve the integration of international rail services in the performance of the capacity-sharing and pricing functions of railway infrastructure, infrastructure managers are involved in one or more single stations to which requests for infrastructure services are presented. To this end, they can form groups with infrastructure managers from other EU Member States or entrust them with the exercise of this mission. They define the appropriate principles, criteria and procedures for the performance of infrastructure distribution and pricing functions for international rail services, in accordance with national rules on access to the railway network.
"They make public the main terms of this cooperation which they regularly inform the Minister for Transport, the Railway Regulatory Authority and the European Commission. They invite the European Commission, as an observer, to their main cooperation meetings. They shall transmit to the Authority for the regulation of railway activities, at its request, the information necessary to carry out the tasks referred to in the fourth paragraph of Article L. 2131-6-1.
"Art. L. 2122-4-7.-When the infrastructure manager declares to be saturated a section of the railway infrastructure, it implements a capacity-building plan.
"In the absence of such a plan or in the event of delay in implementing it, it ceases to collect any royalties in respect of capacity scarcity.
"However, if the Rail Regulatory Authority considers that the infrastructure manager demonstrates that the capacity-building plan cannot be implemented for reasons beyond its control or that the options available to it are not economically viable or financially viable, it may authorize the Authority to continue to collect royalties for capacity scarcity. » ;
9° Article L. 2122-5 is amended as follows:
(a) After the words: "Infrastructural Manager" are inserted the words: "Ensuring the capacity distribution function of railway infrastructure";
(b) It is added to the first paragraph that it reads: "This document specifies the measures taken by the infrastructure manager in the area of the distribution and pricing of railway infrastructure for international rail transport services, as part of the cooperation referred to in Article L. 2122-4-6. Its content, in French and in at least another official language of the European Union, is made available free of charge in electronic form. » ;
(c) It is added a paragraph to read:
"The infrastructure manager does not perform the capacity allocation function of the railway infrastructure transmits to the infrastructure manager who assures it the elements mentioned in the first paragraph that fall within its jurisdiction so that the infrastructure manager integrates them into the network reference document. » ;
10° Article L. 2122-6 is amended as follows:
(a) The words: "sillon applicant" are replaced by the word "candidate";
(b) After the words: "Infrastructural Manager" are inserted the words: "Ensuring the capacity distribution function of it";
11° After Article L. 2122-7, the following provisions shall be inserted:
"Art. L. 2122-7-1.-In the context of the general policy established by the competent administrative authority, the infrastructure manager shall adopt a business plan, including investment and funding plans. The purpose of this plan is to ensure the optimal and effective use, availability and development of railway infrastructure, while at the same time achieving financial balance and providing the necessary means to achieve these objectives.
"Art. L. 2122-7-2.-The infrastructure manager prepares and maintains the asset register and assets that it is responsible for managing and would be used to assess the funding required to rehabilitate or replace the assets. This registry is accompanied by the details of the spending on infrastructure renewal and upgrading. » ;
12° In article L. 2122-8, the words "articles L. 2122-4 to L. 2122-7" are replaced by the words "of this section";
13° The title of section 3 is replaced by the title: "Rules applicable to railways and other candidates";
14° Section L. 2122-9 is replaced by the following provisions:
"Art. L. 2122-9.-I.-The railway companies authorized to operate transport services have, in fair, transparent and non-discriminatory conditions, a right of access to the entire railway network.
"II.-The conditions for the issuance of minimum benefits provided by infrastructure managers are defined by regulation. » ;
15° In article L. 2122-10, it is added a paragraph as follows:
"This section does not apply to businesses whose activities are limited to the provision of shuttle services for road vehicles only on the fixed transmanche link referred to in section L. 2111-8 or that operate only urban or suburban passenger transport services. » ;
16° Section L. 2122-11 is replaced by the following provisions:
"Art. L. 2122-11.-A candidate within the meaning of this book is a railway company, an international grouping of railway companies or any other person with commercial or public service reasons to acquire infrastructure capabilities, such as a combined transport operator, a port, a shipper, a freight forwarder or a railway transport operator authority.
"Applications to obtain such capabilities are introduced by candidates. In order to use these capabilities, candidates who are not railway companies shall designate the beneficiary railway company that will enter into the contract referred to in the following paragraph.
"The use of the infrastructure results in a contract between the railway company beneficiary of a link and the infrastructure manager, without prejudice to the right of the other candidates to enter into an agreement with the infrastructure manager on the allocation of furrows. The conditions under which these agreements are subject are non-discriminatory and transparent. » ;
17° Section L. 2122-12 is amended as follows:
(a) The single paragraph is replaced by the following:
"The provision of furrows to a railway company assigned to a candidate as provided for in section L. 2122-11 does not constitute a prohibited transfer. » ;
(b) It shall be inserted before that subparagraph, a paragraph to read:
"The available infrastructure capacity cannot, once assigned to a candidate, be transferred by that candidate to another company or other service. Any transfer of costly or free infrastructure capacity is prohibited and results in the exclusion of subsequent allocation of capacity. » ;
18° Section L. 2122-13 is replaced by the following provisions:
"Art. L. 2122-13.-The terms and conditions of application of this section are set by regulation. »
Chapter III of Book I II of Part II of the Transportation Code (Legislative Party) is amended to read:
1° The title of the chapter is as follows: "Operation of service facilities and benefits provided to candidates";
2° Section L. 2123-1 becomes Article L. 2123-1-1 and is amended as follows:
(a) The words: "other infrastructure" are replaced by the words: "exploitation of other facilities";
(b) The words: "when carried out by SNCF Mobility, done" are replaced by the word "do";
(c) At the end of the first paragraph, the word "rail" is added;
(d) In the second paragraph, the words: "No public aid paid" and "affected" are replaced respectively by the words: "No public funds paid" and "affected";
3° Before section L. 2123-1 became L. 2123-1-1, the following provisions shall be inserted:
"Art. L. 2123-1.-This chapter applies to service facilities related to the railway network referred to in Article L. 2122-1 and to basic services provided in these facilities as well as to the additional or related benefits provided by the operators of these facilities or by the infrastructure managers, in particular those listed in paragraphs 2,3 and 4 of Annex II to Directive 2012/34/ EU of the European Parliament and the Council of 21 November 2012 establishing a single railway space. The nature of these facilities, services and benefits is regulated by regulation. » ;
4° Section L. 2123-2 is replaced by the following provisions:
"Art. L. 2123-2.-The use of a service facility by a railway company or another candidate defined in section L. 2122-11 and the provision of services in that facility shall result in a contract with its operator. » ;
5° Section L. 2123-3 is amended as follows:
(a) The first paragraph is deleted;
(b) The words: "It determines" are replaced by the words: "A decree in the Council of State determines";
6° After Article L. 2123-3, the following provisions shall be inserted:
"Art. L. 2123-3-1.- Railway companies and other candidates have a right of access to fair, non-discriminatory and transparent conditions to service facilities and services referred to in Article L. 2123-1, under conditions prescribed by regulation.
"Requests for access to a service facility for the provision of a basic service may only be denied by the operator of the service facility if there is a viable alternative for the railway company to operate the relevant rail transport service on the same route or on a substitution route under economically acceptable conditions.
"Art. L. 2123-3-2.-The operator of the service facility shall publish on its website information relating to the conditions of access to the installation and provision of the services referred to in Article L. 2123-1, as well as the royalties referred to in Article L. 2123-3-5. This information is available free of charge.
"The operator of the service facility shall transmit to the network infrastructure manager to whom the installation is linked the address of the website where the information referred to in the first paragraph is published and the information shall be provided if the address of its website is changed.
"The infrastructure manager shall include in the network reference document referred to in Article L. 2122-5 the information on the websites of the operators of the service facilities connected to its network or shall indicate the addresses of the websites on which the information is made available.
"Art. L. 2123-3-3.-Requests for access to service facilities and services referred to in section L. 2123-1 shall be processed within a reasonable period of time, established by the Railway Activities Regulatory Authority.
"Art. L. 2123-3-4.-In the event of a conflict between applications for access to a service facility, the operator shall endeavour to respond to all requests as best as possible.
"In the event that it is impossible to meet all of the proven access needs to the facility concerned and in the absence of a viable alternative, the candidate may request the Railway Activities Regulatory Authority to take the measures to best reconcile access requests, within the framework of a procedure defined by the Authority.
"Art. L. 2123-3-5.-The use of a service facility by a railway company or another candidate and the provision of the services referred to in section L. 2123-1 give rise to the collection of a royalty by its operator for the financing of its activities.
"The pricing principles applicable to the use of service facilities and the provision of the services referred to in section L. 2123-1 are set by regulation.
"Art. L. 2123-3-6.-I.-If a service facility referred to in section L. 2123-1 has not been used for at least two consecutive years and if a candidate, justifying the existence of proven needs, has been denied the provision of a basic service in that facility by the operator of the facility, the owner of the facility shall, at the request of that applicant, publish by any appropriate means,
« 1° The operator of the service facility or the owner of the service have initiated a process for the conversion of the service facility;
« 2° The service facility is being studied or worked to maintain its destination and to ensure its operation, which makes it temporarily unavailable;
« 3° The owner, if he does not exploit the installation himself, decides to ensure the operation itself directly;
« 4° The requested access is to port railways without the purpose of the railway pre-or post-transit of a river or marine transport service.
"II.-The operator of the service facility that is not the owner of the facility shall, as from the notification of the application for publication referred to in I, have a time limit set by order to inform the owner:
« 1° its agreement or opposition motivated to its replacement by a new operator;
« 2° Where applicable, measures it intends to implement to end the lack of use of the facility.
"The silence of the operator of the existing service facility is agreed.
"III.-The announcement of the availability of the facility includes the main legal, technical and financial conditions for the non-discriminatory provision of the facility.
"IV.-If no agreement is found with an operator, the owner shall inform the applicant who had declared himself interested in accessing the facility. The latter shall, from this information, have a time limit set by decree to notify it of its intention to ensure the operation of the facility itself. The applicant's refusal to resume the operation of the service facility or the silence it held at the end of this period is to waive the request for access.
"V.-The conclusion of a new agreement on the provision of the service facility shall terminate the agreement between the owner and the operator in place.
"VI.-The lack of publication of the information on the conditions of access to the facility referred to in Article L. 2123-3-2 for a period of two consecutive years is presumption of lack of use of the facility.
" VII.-The new operator retains the destination of the facility throughout the duration of the installation. It considers the request for the provision of the basic service referred to in I.
" VIII.-The terms and conditions for the application of this section are set by regulation.
"Art. 2123-3-7.-I.-In order to ensure the full transparency and non-discriminatory nature of access to service facilities referred to in II and the provision of services at these facilities, any company operating directly or indirectly on railway transportation services that simultaneously directly or indirectly operates an operator of service installation, sets out measures to ensure the organizational and decision-making independence of the entity.
"II.-For the purposes of I, the service facilities concerned are passenger stations, freight terminals, yards, training and manoeuvring, garage lanes, port railways and fuel supply infrastructure. »
Title V of Book III of Part 5 of the Transportation Code (Legislative Party) is amended as follows:
1° Article L. 5351-2 is amended as follows:
(a) After the words: "to be built" is inserted the word: ", exploit":
(b) After the words: "These paths" are inserted the words: "as well as their equipment and accessories,"
2° In the second paragraph of Article L. 5351-4, the words "submitted to ministerial approval" are deleted;
3° Section L. 5352-2 is amended as follows:
(a) The words "can give" are replaced by the word "given";
(b) After the words: "to its prospective delegates" are inserted the words: "in the conditions laid down in article L. 2123-3-5";
(c) The second sentence is deleted;
(d) It is added a paragraph to read:
"The fixing of royalties referred to in the first paragraph is not subject to the provisions of Article L. 2133-5. » ;
4° Section L. 5352-3 is amended as follows:
(a) The second paragraph is replaced by the following:
"Companies that do not have a security certificate or a railway company licence under section L. 2122-10 shall, for the use of the harbour railways, be approved by the Minister responsible for the carriage on a notice in accordance with the Public Railway Safety Establishment seized of the security-related elements. » ;
(b) At the beginning of the third paragraph, it is inserted a sentence thus written: "A decree in the Council of State sets the conditions for the grant of such approval. »
A lArticle 31 of the Act of 4 August 2014 referred to abovethe two occurrences of the words "service infrastructure" are replaced by the words "service facilities".
Title III of Book I of Part II of the Transportation Code (Legislative Part) is amended as follows:
1° In article L. 2131-1, it is added a paragraph to read as follows:
"Without prejudice to the competence of the Autorité de la concurrence, it monitors the situation of competition in the markets of railway services and has, to this end, the right to access the necessary economic, financial and social information as recognized in article L. 2135-2. » ;
2° Section L. 2131-4 is amended as follows:
(a) The first sentence is replaced by the following:
"The Railway Regulatory Authority ensures that access to the network and service facilities, as well as to the various associated services, is granted in a fair and non-discriminatory manner. » ;
(b) In the first paragraph, the words: "people authorized to apply for railway infrastructure capabilities" are replaced by the word "candidates";
(c) In the second paragraph, after the words: "infrastructure managers" are inserted the words: ", service installation operators";
3° In Article L. 2131-5, the words: ", subject to the powers vested in the Intergovernmental Commission established by the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland, concerning the construction and operation by private companies concessionaries of a fixed trans-manche bond, signed on 12 February 1986" are deleted;
4° After the article L. 2131-6, two articles L. 2131-6-1 and L. 2131-6-2 are inserted as follows:
"Art. L. 2131-6-1.-For the purpose of coordinating their decision-making processes and providing mutual assistance, the Railway Regulatory Authority, together with the supervisory bodies, defines, within the meaning of Directive 2012/34/ EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway space (reflect), of the other Member States of the European Union, the rules of cooperation in the control of access to the network, of resolution of disputes
"In particular, it exchanges with these organizations information useful to the fulfilment of their missions. The information exchanged includes the principles and decision-making practices, the main aspects of the procedures and the problems of interpreting the transposed railway legislation of the European Union.
"When an application under Article L. 2134-2 or an investigation under Article L. 2135-1 concerns an international link or when the activity carried out by the authority under Articles L. 2133-1 and following concerns international rail transport services, it consults the supervisory bodies referred to by the other Member States of the European Union by which the international link passes in question and, where appropriate, the European Commission
"The authority shall provide the relevant information to these oversight bodies so that they may take the necessary measures with respect to the parties concerned, on its own initiative or at their request, when their missions of access control, dispute resolution and investigation are related to an international link or international rail transport services. It states that this information can only be used for these purposes.
"Art. 2131-6-2.- Without prejudice to the exercise by the competent administrative authority of the State of the faculty to apply to the European Commission for a review of the measures taken by a Member State of the European Union concerning the application of Directive 2012/34/ EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway space (refractory), pursuant to Article 61 of the European Commission, on the terms and conditions » ;
5° After the article L. 2131-7, an article L. 2131-8 is inserted as follows:
"Art. L. 2131-8.-The Railway Regulatory Authority, the Public Railway Safety Institution, the intergovernmental commission established by the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation by private companies concessionaries of a fixed trans-manche link, signed on 12 February 1986, under its railway security missions, and the authority
"Professional secrecy provisions do not hinder the communication to the Public Railway Safety Institution or the authority responsible for the issuance of licences, by the Railway Activities Regulatory Authority, of information collected in the exercise of its duties that it considers to prevent breaches of railway safety.
"The Railway Regulatory Authority shall address to the Public Railway Safety Establishment, the intergovernmental commission referred to in the first paragraph and the authority responsible for the issuance of the railway licence, its initiative or at the request of the railway company, recommendations on any issues relating to access to the railway network and, in particular, on elements that may adversely affect competition in the railway services markets.
"In a maximum period of time, fixed by decree, from the date of receipt of the recommendations addressed to it by the Public Railway Safety Institution or by the intergovernmental commission referred to in the first paragraph on railway safety matters, the Railway Regulatory Authority shall make a decision that is motivated if it departs from it. » ;
6° In article L. 2132-8, before the third paragraph, a paragraph shall be inserted as follows:
"The members of the College renew each year the statement of interest referred to in theArticle 11 of Act No. 2013-907 of 11 October 2013 on the transparency of public life, with a statement of good conduct. » ;
7° At 1° of Article L. 2132-13, the words: "use" are replaced by the words: "use-related infrastructure";
8° Section L. 2133-1 is amended as follows:
(a) In the first paragraph, the words "infrastructure" are added after the word "manager";
(b) In the second paragraph, the words: "The reasoned decision", "is taken" and: "It is likely" are replaced by the words: "Decisions", "are made" and "They are likely";
(c) At the end of the first sentence of the second paragraph, the words "and notified to the applicant" are inserted;
9° After L. 2133-1, an article L. 2133-1-1 is inserted as follows:
"Art. L. 2133-1-1.-In the framework of its monitoring missions on the situation of competition in the railway services markets and the observation of conditions of access to the railway network, the Autorité de regulation des activités fers consults annually the representatives of the users and customers of the railway services in order to know and consider their appreciation of the railway markets. It publicizes this information with the exception of those that infringe on business secrecy. » ;
10° In section L. 2133-2, the words "infrastructural use" and: "authorized railway infrastructure capacity applicant" are replaced by the words "infrastructural" and "candidate" respectively;
11° Section L. 2133-4 is amended as follows:
(a) References to Article L. 2123-1 are replaced by references to Article L. 2123-1-1;
(b) The words: "infrastructure management" are replaced by the words: "installation operation";
(c) At the end of the second paragraph, the words are inserted: "especially those listed in Annex VIII of Directive 2012/34/EU of the European Parliament and the Council of 21 November 2012 establishing a single European railway space (reflect)";
12° Article L. 2133-5 is amended as follows:
(a) The first five subparagraphs become one I and the last one II;
(b) At the beginning of the last paragraph, the words "except in the case provided for in Article L. 5352-2" are inserted and, in that same paragraph, the word "infrastructure" is replaced by the word "installations";
(c) It is added a paragraph to read:
"When royalties are fixed for a multi-year period, the Autorité de régulation des activitésrails issues its opinion for the period in question and in case of amendments. » ;
13° After Article L. 2133-5-1, an article L. 2133-5-2 is inserted as follows:
"Art. L. 2133-5-2.-The Railway Activities Regulatory Authority authorizes the infrastructure manager to continue the collection of rarity royalties on an infrastructure that has been declared saturated under the conditions set out in the third paragraph of Article L. 2122-4-7. » ;
14° In Article L. 2134-1, the word "stations" is replaced by the words "service facilities";
15° Section L. 2134-2 is amended as follows:
(a) The words: "Any person authorized to request railway infrastructure capacity or" are replaced by the words: "Any candidate";
(b) After the words: "any infrastructure manager" are inserted the words: "or any service installation operator";
(c) At 4°, the word "infrastructure" is inserted after the word "Royalties" and the word "to" is replaced by the words "to the implementation of";
(d) The 6° is replaced by the following:
« 6° The exercise of the right of access to service facilities, including the provision and implementation of the basic service pricing provided in these facilities and additional or related benefits; »
16° Section L. 2134-3 is amended as follows:
(a) The first paragraph becomes an I;
(b) The second and third paragraphs are replaced by the following:
"II.-The decisions taken by the Railway Activities Regulatory Authority under Article L. 2134-2 are subject to appeal for cancellation or retraining within one month of their notification. An incident appeal may be lodged even though its author would be forclos to act as principal. These appeals fall within the jurisdiction of the Paris Court of Appeal and are not suspensive. However, the stay of execution of the decision may be ordered by the judge, if it is likely to result in irreparable or manifestly excessive consequences or if it occurred, after notification, of developments of exceptional gravity. » ;
17° In article L. 2135-1, a sub-item shall be inserted before the first paragraph:
"Without prejudice to section L. 2135-8, the Authority for the regulation of railway activities may, either on its own motion or at the request of the competent administrative authority, an infrastructure manager, an operator for the installation of services, a railway company or any other person concerned, conduct the search and recognition of the breaches of the obligations resulting from this title and the texts taken for its application. » ;
18° Section L. 2135-2 is amended as follows:
(a) After each of the two occurrences of the words: "infrastructure managers" are inserted the words: "service facilities operators,"
(b) After each of the two occurrences of the words: "rail companies" are inserted the words: "and other candidates";
(c) After the second preambular paragraph, a sub-item is added:
"The Authority for the regulation of railway activities shall give the person concerned a reasonable period of time, which shall not exceed one month, for the production of the information, parts and documents requested. If circumstances so warrant, it may authorize a two-week extension, which may be extended to one month when the production of such information, parts or documents requires important gathering, processing or formatting of the data concerned. » ;
(d) After the words: "take the" and: "if applicable," are added the words: "accounting audits and" and: "an accountant audit or" respectively;
19° Article L. 2135-7 is amended as follows:
(a) In the first paragraph and at 3°, after the words: "an infrastructure manager" are inserted the words: "a service installation operator,"
(b) In the first paragraph and at 1°, after the words: "a railway company" are inserted the words "or another candidate";
(c) At 1°, the words "or SNCF" are deleted;
(d) At 1°, after the words: "an infrastructure manager" are inserted the words: "a service installation operator, the SNCF,";
(e) At 1°, after the words: "Articles L. 2133-3 and L. 2133-4" are inserted the words: "or in the event of the SNCF's failure to comply with the rules setting out the conditions for the operation of the missions referred to in Article L. 2102-1,"
(f) At 2°, the words "the service installation operator" and "or another candidate" are inserted respectively after the words "the infrastructure manager" and "the railway company";
(g) At 3°, the words "from a railway company" are moved after the words "of the SNCF" and the words "or another candidate" are inserted after them.
At the end of the penultimate paragraph of Article L. 2141-13 of the Transportation Code, the words ", in particular those provided for in Article L. 2123-3-6".
After the article L. 2221-6 of the transport code, an article L. 2221-6-1 is inserted as follows:
"Art. L. 2221-6-1.-For the implementation of the provisions of Article L. 2131-8 and without the application of the professional secrecy referred to in Article L. 2221-4, the Public Railway Safety Institution may communicate to the Railway Activities Regulatory Authority information collected in the exercise of its duties on aspects that may adversely affect competition. It may also communicate those relating to security to the authority responsible for the issuance of the licences and, subject to the confidentiality of business, to the intergovernmental commission established by the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation by private companies concessionaries of a fixed transmanche bond, signed on 12 February 1986. »
In section L. 2121-12 of the Transportation Code, the words "a reasoned opinion" are replaced by the words "a reasoned decision".
Section L. 2141-2 of the Transportation Code is repealed.
Chapter IV of Book I of Part II of the Transportation Code (Legislative Party) is amended as follows:
1° Article L. 2144-1 is amended as follows:
(a) The two sentences become two separate paragraphs;
(b) After the word: "published" are inserted the words: "on the one hand";
(c) After the first occurrence of the words: "cargo" are inserted the words: "and, on the other hand, for activities related to the provision of railway transportation services of persons";
2° In Article L. 2144-2, each of the two occurrences of the word "competition" is replaced by the word "fund".
In the second paragraph of Article L. 2102-7 of the Transport Code, the words "of Article 1st" are replaced by the words "of Article 14".
In the third paragraph of Article L. 2232-1 of the Transportation Code, the words "acting on behalf of SNCF Network or" are deleted.
In the first paragraph of section L. 2241-2 of the Transportation Code, the words "of the operator" are deleted.
In section L. 2242-7 of the Transportation Code, after the words: "an agent of a public transport network operator of persons" are added the words: "or to an agent referred to in 3° or 5° of Article L. 2241-1".
In article L. 3114-1 of the transport code, the words "first and fourth paragraphs" are replaced by the words "1°, 4° and 5°".
In section 22 of the above-mentioned Act of 30 December 1982, the words: "The Société nationale des chemins de fer français" are replaced by the words: "SNCF Mobility".
Section 1 of the above-mentioned Act of 13 February 1997 is repealed.
The above-mentioned order of 2 August 2005 is amended as follows:
1° Section 4 is amended as follows:
(a) In the first paragraph, the words: "French National Railway Corporation (SNCF)" are replaced by the words: "SNCF Réseau et SNCF Mobilités";
(b) In the second paragraph, the second sentence is replaced by the following provisions: "It is set by a distribution agreement between the port authority, SNCF Réseau and SNCF Mobility before June 30, 2016. » ;
(c) In the fifth and seventh preambular paragraphs, the words "Network of France" and: "the SNCF" are replaced respectively by the words "NSCF Réseau" and "NSCF Mobilités";
(d) The sixth preambular paragraph is repealed;
2° Section 5 is amended as follows:
(a) The first two paragraphs are replaced by the following paragraph:
"The transferred lands are brought in full ownership according to the case to SNCF Network or to the port authority. » ;
(b) In the fifth preambular paragraph, the words: " Réseau ferré de France et à la SNCF" are replaced by the words: "SNCF Réseau et à SNCF Mobilités";
3° Section 6 is replaced by the following:
"Art. 6.-The agreement or distribution order may determine the date on which the distribution comes into force and may also specify the terms of a progressive transfer, for a period not exceeding two years from the date on which the distribution comes into force, the responsibilities of maintenance or management of the harbour railways to the port authority. »
Sections 6 and 7 of the above-mentioned Act of 8 December 2009 are repealed.
The f of 27° and 31° of section 9 of the above-mentioned order of 28 October 2010 are repealed.
Section L. 612-1 of the Construction and Housing Code is amended as follows:
1° In the first paragraph, the words: "The French National Railway Corporation" are replaced by the words: "SNCF Mobility";
2° In the second paragraph, the words "railway" are replaced by the word "transport".
At 4° of Article L. 422-10 and 2° of Article L. 429-3 of the Environmental Code, the words " Réseau ferré de France et de la société nationale des chemins de fer français" are replaced by the words "the SNCF, SNCF Réseau and SNCF Mobilités". »
In section 162 of the Family and Social Welfare Code, the words: "on the networks of the French National Railway Corporation" are replaced by the words: "issued by SNCF Mobility".
The Code of Military Disability Pensions and War Victims is amended as follows:
1° In article L. 320, the words "at the general rates of the Société nationale des chemins de fer français (SNCF)" are replaced by the words "by SNCF Mobility";
2° In article L. 324 bis, the words: ", on the networks of the Société nationale des chemins de fer français" are replaced by the words: "issued by SNCF Mobility";
3° In article L. 515, the words: "The French national railway company" are replaced by the words: "SNCF Mobility".
In section 1 of the above-mentioned Act of August 1, 1950, the words: "on the networks of the Société nationale des chemins de fer français" are replaced by the words: "issued by SNCF Mobility".
I. - In article L. 1612-15-1 of the General Code of Territorial Communities, the words: "The French National Railway Corporation" are replaced by the words "NSCF Mobility".
II. - In article L. 1614-8-1 of the same code, the words: "The Société nationale des chemins de fer français" are replaced by the words: "SNCF Mobility".
In section L. 3114-1 of the general code of public ownership, the words "service infrastructure" are replaced by the words "service facilities".
The 4th and 8th of Article L. 311-6 of the Code of Administrative Justice are replaced by a 4th so written:
« 4° Articles L. 2102-6, L. 2111-14 and L. 2141-5 Transport code. »
A lArticle L. 615-1 of the Internal Security Code, the words: "Société nationale des chemins de fer français" as well as the brackets encadrant SNCF are deleted.
I.-at the f 7° of Article L. 131-8 of the Social Security Code, in the title of chapter IV, section II, title III, of Book I of the Legislature, sections L. 134-3, L. 134-5 and at the 8th of section L. 223-1, the words: "the Société nationale des chemins de fer français" are replaced by the words: "the SNCF, SNCF Mobility and SNCF Réseau".
II.-In the second paragraph of Article L. 413-14 of the same code, after the word "SNCF" are added the words ", SNCF Mobility, SNCF Réseau".
A lArticle L. 240-1 of the urban planning code, the words: "to public institutions targeted toArticle 1 of Act No. 97-135 of 13 February 1997 creating the public institution “ Réseau ferré de France ” for the renewal of railway transport, to theArticle 18 of Act No. 82-1153 of 30 December 1982 inland transport orientation is replaced by the words: "to public institutions mentioned in the articles L. 2102-1, L. 2111-9 and L. 2141-1 the transport code, to the public institutions mentioned".
Title III of Book II of the Legislative Section of the Code of Criminal Procedure is amended as follows:
1° In the first paragraph of section 529-3, the words: "The sworn agents of the operator" are replaced by the words: "the agents referred to in 4° and 5° of Article L. 2241-1 of the Transport Code » ;
2° Section 529-4 is amended as follows:
(a) In the first paragraph, after the words: "the operator" are inserted the words: "for the benefit of which the security benefit is performed,"
(b) In 1 of I, the words: "from the operator's agent" are replaced by the words: "from an agent referred to in 4° or 5° of Article L. 2241-1 of the Transport Code » ;
(c) In 2 of I, after the words: "from the operator's service" are inserted the words: "in the first paragraph";
(d) In 2 of the I, the words: "the operator's agent" are replaced by the words: "the officer mentioned in 4° or in 5° of Article L. 2241-1 of the Transport Code » ;
(e) In 2 of I, after the words: "the operator" are added the words: "in the first paragraph";
(f) In II, the words: "the operator's agents" are replaced by the words: "the agents referred to in 4° and 5° of Article L. 2241-1 of the Transport Code » ;
(g) In II, the words: "the operator's agent" are replaced by the words: "the officer mentioned in the 4th or at the 4th 5° of Article L. 2241-1 of the Transport Code » ;
(h) In III, the words "operator agents" are replaced by the words: "the agents mentioned to the 4° and 5° of Article L. 2241-1 of the Transport Code » ;
(i) In III, the words: "at the expense of the agent" are replaced by the words: "at the expense of the entity to which the agent depends";
(j) In the third, the words: "the organization that the operator stops" are replaced by the words: "the organization that the entity that the agent depends on";
(k) In III, the words: "between the operator and the police" are replaced by the words: "between the entity dependent on the officer and the police".
In all the legislative and regulatory provisions in force on the date of publication of this Order, references to Council Directive 91/440/ EEC of 29 July 1991 on the development of community railways, Council Directive 95/18/EC of 19 June 1995 on the licences of railway enterprises and Directive 2001/14/EC of the European Parliament and Council of 26 February 2001 on the distribution of railway infrastructure capacities and the pricing of the European Parliament
The provisions of the 3rd of Article 7 come into force on the effective date of the repeal of the Intergovernmental Commission Regulation respecting the use of the tunnel under the Channel signed in London on 23 July 2009.
The Prime Minister and the Minister of Ecology, Sustainable Development and Energy are responsible for the application of this Order, which will be published in the Official Journal of the French Republic.
Done on July 15, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Ecology, Sustainable Development and Energy,
Royal
