Key Benefits:
The National Assembly and the Senate deliberated,
The National Assembly adopted,
Vu la Constitutional Council decision No. 2015-715 DC of 5 August 2015 ;
The President of the Republic enacts the following legislation:
I.-In all existing legislative provisions, the words: "Rail Control Authority" are replaced by the words: "Rail and Road Activities Regulatory Authority".
II.-Under the conditions laid down in article 38 of the Constitution, the Government is authorized to make an order within six months of the promulgation of this Act any measure within the scope of the law in order to bring the structure and content of the law into coherence Transport code and road traffic code with the missions entrusted to the Authority for the regulation of railway and road activities in this chapter.
III.-The transport code is amended as follows:
1° At the end of the first sentence of Article L. 2131-2, the words: "activity" are replaced by the words: "his activity in the railway field";
2° In the second sentence of the first paragraph of Article L. 2132-1, the word "rail" is replaced by the words "land transport services and infrastructure";
3° The first paragraph of Article L. 2132-2 is supplemented by a sentence as follows:
"The college decides on the location of the authority's services, depending on the service needs. » ;
4° Article L. 2132-3 is supplemented by a sentence as follows:
"His reports are also made public under the same conditions. » ;
5° After the word: "rails", the end of the first paragraph of Article L. 2132-4 is thus written: "and road for any cause or in the event of an incapacity observed by the college, the functions of the chair are provisionally exercised by the Vice-President the most formerly designated. » ;
6° The second sentence of Article L. 2132-5 is supplemented by the words: "in the area of regular long distance services of road transport of persons or in the area of highways";
7° In the first sentence of the second paragraph of Article L. 2132-7, the words: "because of its technical skills in the railway field or" are deleted;
8° The first paragraph of Article L. 2132-8 is supplemented by the words: ", in the area of regular long distance services of road transport of persons or in the area of highways";
9° The first sentence of the second paragraph of article L. 2132-12 is supplemented by the words: "and contributions made to articles L. 2132-14 and L. 2132-15";
10° Section 5 of chapter II of title III of Book I of Part II is supplemented by articles L. 2132-14 and L. 2132-15 as follows:
"Art. L. 2132-14.-Private public road transport companies are subject to a contribution for control fees, based on the previous year's turnover. Its rate is set by the ministers responsible for transport and budget, on the proposal of the Autorité de regulation des activitésrails et routes. This rate is between 0.05 and 0.3. The product of this contribution is assigned to the Authority for the regulation of railway and road activities. This contribution is recognized and recovered within the time limits and under the applicable guarantees and penalties for revenue taxes.
"Art. L. 2132-15.-The highway concessionaires subject to the control of the Authority for the regulation of railway and road activities pursuant to Chapter II, section 4, of the Highway Traffic Code are subject to a contribution for control costs, based on the turnover of the previous year. Its rate is fixed by the ministers responsible for transport and budget on the proposal of the Autorité de regulation des activitésrails et routes. It is between 0.05 and 0.3. Its product is assigned to the Authority for the regulation of railway and road activities. This contribution is recognized and recovered on time and under the applicable guarantees and penalties for taxes on turnover. » ;
11° In the first paragraph of Article L. 2135-1, the words: "and the texts taken for his" are replaced by the words: ", in chapter I, section 3, of Book I of Part 3 of this Code, chapter II, sections 3.4 and 5 of title II of the Highway Traffic Code and the texts taken for them";
12° Section L. 2135-2 is amended as follows:
(a) In the first paragraph, the words: "and the SNCF" are replaced by the words: ", the SNCF, road public transport companies of people and highway dealers,"
(b) The second preambular paragraph is replaced by five sub-items:
“It can collect all the useful information from:
« 1° State services and authorities organizing railway transport services, regular long distance services for road transport of persons, as well as services and authorities responsible for relations with motorway concessionaires;
« 2° Public railway safety establishment, infrastructure managers, railway companies, SNCF, public road transport companies for people and highway dealers;
« 3° Other companies involved in the rail transport sector, regular long-distance long-distance long-distance road transport services or in work, supplies and services on the licensed motorway network.
"It can also hear anyone whose hearing seems likely to contribute to his information. » ;
13° In the first sentence of Article L. 2135-3, the reference: "in the second paragraph" is replaced by the references: "at 2° and 3°";
14° Article L. 2135-7 is amended as follows:
(a) In the first paragraph, the words: "from an infrastructure manager, a railway company or the SNCF" are deleted;
(b) The first paragraph of the 3rd paragraph is replaced by four subparagraphs as follows:
« 3° The College of Authority shall keep the interested party in complying with its obligations, within a period determined by the College, in the event of a breach:
“(a) From an infrastructure manager, a railway company, the SNCF, a road public transport company of persons, a highway concessionaire or another company involved in the railway transport sector, to that of regular long distance services of road transport of persons or in that of work, supplies and services on the highway network conceded to the obligations of communication of documents and of information provided for in section L.
“(b) From a public road transport company of persons, a railway company or another company involved in the area of regular long distance road transport services of persons to the reporting obligations under Article L. 3111-24;
"(c) From a motorway concessionaire or a company involved in the labour market, supplies and services on the highway network conceded to the reporting obligations under section L. 122-31 of the road traffic code. » ;
15° Article L. 2135-13 is amended as follows:
(a) In the first sentence of the first paragraph, after the word: "rail", the words are inserted: "in the area of regular long-distance road transport services of persons or in the area of labour markets, supplies and services on the concededed motorway network";
(b) The second paragraph is amended to read:
-the second sentence is supplemented by the words: ", to the regular inter-urban services of road transport of people or to the highway sector";
-the last sentence, after the word: "rail", are inserted the words: ", the area of regular long distance services of road transport of persons or the area of highways";
16° Article L. 2331-1 is supplemented by a paragraph as follows:
"Articles L. 2132-5, L. 2132-8, L. 2135-1 to L. 2135-3, L. 2135-7 and L. 2135-13 are not applicable to Saint-Barthélemy as they relate to road transport. » ;
17° Article L. 2341-1 is supplemented by a paragraph as follows:
"Articles L. 2132-5, L. 2132-8, L. 2135-1 to L. 2135-3, L. 2135-7 and L. 2135-13 are not applicable to Saint-Martin as they relate to road transport. »
Section 2 of chapter IV of title II of Book II of the Environmental Code is supplemented by an article L. 224-6 as follows:
"Art. L. 224-6.-The regular road public transport services of persons referred to in Article L. 3111-17 of the Transport Code are carried out with vehicles meeting air pollutant emission standards defined by decree of ministers responsible for the economy and transport. »
Chapter VII of title I of Book III of the Highway Code is supplemented by an article L. 317-9 as follows:
"Art. L. 317-9.-Subject to regulatory exemptions, any coach is equipped with devices to prevent driving under the influence of an alcoholic state. The terms and conditions for the application of this article are defined by decree in the Council of State. »
I.-The title I of Book I of the first part of the transport code is supplemented by a chapter V as follows:
“Chapter V
"Access to the data required for traveller information
"Art. L. 1115-1.-The data on regular public transport services for persons and mobility services are freely, immediately and free of charge to inform users and to provide the best service, including by enabling the optimal organisation of mobility services and modes of transport. For this purpose, they are distributed electronically, to the public and to other operators, in an open format designed to allow their free, immediate and free reuse.
"People who are required to disseminate these data are transport and mobility operators and, where appropriate, transport operator authorities.
"The data mentioned in the first paragraph are the digital data:
« 1° With respect to stops, public rates, scheduled and real-time hours, accessibility to persons with disabilities, availability of services, and incidents on the network and provision of mobility and transportation services;
« 2° Issues of multimodal route calculators managed by or on behalf of the transport organizing authorities.
"People under this section shall be deemed to fulfil their obligations as long as they are adhered to codes of conduct, protocols or guidelines previously established by them and made public, provided that these documents establish conditions for the dissemination and updating of the data. These documents include:
“(a) The level of data availability to allow immediate reuse. Is defined, in particular, the rate at which the data are made available and disseminated;
“(b) In order to provide real-time data, reasonable time and technical conditions for the dissemination of such data;
"(c) In order to facilitate the organization of intermodality, the level of information relevant to the significant variations in the provision of services, in particular seasonal variations;
"(d) The way in which the connection between information systems, including subscription or query, allows the data to be provided, and the conditions for the continuity of the provision of data in the event of changes in the terms and conditions of their dissemination;
“e) Derogations from the principle of free of charge to mass users, justified by significant costs of making available, but the user's contribution may exceed these costs;
“(f) In order to ensure the quality of information and services as well as the safety of users, the conditions ensuring the complete and neutral character of the reuse of data.
"The codes of conduct, protocols and guidelines established pursuant to this Article shall be subject to joint approval by Ministers responsible for transport and digital technology.
"The conditions for the application of this article are defined by decree in the Council of State for persons who have not adopted or acceded to the approved documents referred to in the last paragraph. »
II.-This section comes into force on the date of publication of the decree referred to in the last paragraph of Article L. 1115-1 of the Transportation Code, and not later than three months after the promulgation of this Act.
I.-Chapter I of Book I of Part 3 of the Transport Code is supplemented by a section 3 as follows:
“Section 3
“Freely organized services
"Subsection 1
“Opening and modifying services
"Art. L. 3111-17.- Road public transport enterprises of persons established in the national territory may provide regular long distance services.
"Art. L. 3111-18.-Any service that provides a link with two stops that are 100 kilometres away or less is the subject of a statement to the Railway and Road Activities Regulatory Authority prior to its opening. The authority shall issue this declaration without delay.
"A transport organization authority may, after the conformity of the Authority for the regulation of railway and road activities, in the conditions defined in Article L. 3111-19, prohibit or limit the services referred to in the first paragraph of this Article when they are carried out between stops whose connection is provided without correspondence by a regular transport service that it organizes and that they carry, alone or in their entirety, a substantial breach of the public economic balance
"Art. L. 3111-19.-I.-The transport organization authority shall seize the Authority for the regulation of railway and road activities of its proposed prohibition or limitation of service within two months of the publication of the declaration referred to in the first paragraph of Article L. 3111-18. His case is motivated and made public.
"The Authority for the regulation of railway and road activities shall issue a notice on the proposed prohibition or limitation of service of the transport authority within two months of the receipt of the referral. The regulatory authority may decide to extend this period for a month by reason of decision. If there is no notice within these time limits, the notice is deemed favourable.
"When it considers that it is necessary to limit a service, the Authority for the regulation of railway and road activities proposes to the transport operator the establishment of objective, transparent and non-discriminatory rules for this purpose.
"II.-Where applicable, the transport authority shall publish its ban or limitation decision within one week of the publication of the notice of the Authority for the regulation of railway and road activities, in accordance with that notice.
"Art. L. 3111-20.-In the absence of a referral from the Authority for the regulation of railway and road activities by a transport authority, a service referred to in the first paragraph of Article L. 3111-18 may be insured after the two-month period referred to in the first paragraph of Article L. 3111-19.
"In the event of a referral from the Authority for the regulation of railway and road activities, the service may be insured after the one-week period referred to in the II of the same article L. 3111-19, in accordance with the prohibition or limitation decision of the transport authority.
"However, if the link is already provided by one or more freely organized services, the modifications of an existing service or new services may be made upon publication of the declaration referred to in the first paragraph of Article L. 3111-18, if applicable in accordance with the prohibition or limitation decisions relating to that connection and without prejudice to any changes made in the procedure described in Articles L. 3111-18 and L. 3111-19.
"Art. L. 3111-21.-For the purposes of this section, long distance services are considered to be:
« 1° Services that are not fully included in the territorial jurisdiction of a mobility authority within the meaning of Article L. 1231-1;
« 2° Services carried out in the Ile-de-France region over a distance above a threshold set by decree.
"Subsection 2
" Provisions relating to the Authority for the regulation of railway and road activities
"Art. L. 3111-22.-The Authority for the regulation of railway and road activities shall, in the area of regular toll services of road transport of persons, participate in the exercise of the competence entrusted to it under this subsection, in the proper functioning of the market and, in particular, of the public service, for the benefit of users and customers of road and rail transport services.
"Art. L. 3111-23.-The Authority for the regulation of railway and road activities prepares annually a report on the public road transport services of freely organized persons. This report, detailed in each French region, reports on the investigations carried out by the authority, assesses the prohibitions and limitations decided to ensure the complementarity of these services with public services and assesses the global offer of existing toll transport.
"It contains all useful recommendations. It is addressed to the Government and Parliament.
"Art. L. 3111-24.-The Authority for the regulation of railway and road activities may collect data, conduct expertise and conduct studies and any information necessary in the area of regular long distance services of road and rail transport of persons. It may, in particular, by a reasoned decision, impose the regular transmission of information by road public transport companies of persons, by rail companies and by companies involved in the regular long distance road transport services of persons.
"To this end, people's public road transport companies, railway companies and other companies involved in the regular long-distance long-distance road transport services sector are required to provide it with statistical information on the use, attendance, service areas, services delivered and the terms and conditions of access to the services offered.
"Subsection 3
"Terms of application
"Art. L. 3111-25.-The terms and conditions of application of this section are specified by decree in the Council of State. »
II.-The I is not applicable to Saint-Martin and Saint-Barthélemy.
I. - The transport code is amended as follows:
1° At the beginning of the I of Article L. 1112-2, the words are added: "For transport services that do not fall within the freely organized transport services provided for in Articles L. 3111-17 and below,"
2° At the beginning of the first paragraph of Article L. 1112-2-1, the words are added: "For transport services that do not fall within the freely organized transport services provided for in Articles L. 3111-17 and below,"
3° In article L. 1221-3, after the reference: "L. 2121-12", the reference is inserted: ", L. 3111-17";
4° At the beginning of the first sentence of the first paragraph of articles L. 3111-1 and L. 3111-2, the words are added: "Without prejudice to articles L. 3111-17 and L. 3421-2,";
5° In the first sentence of Article L. 3111-3, the reference: "of Article L. 3421-2" is replaced by the references: "of Articles L. 3111-17 and L. 3421-2";
6° Article L. 3421-2 is as follows:
"Art. L. 3421-2. - Road public transport companies of persons not established in France may, on the occasion of a regular international road transport service of passengers and provided that the main object of this service is the transport of passengers between stops located in different states, provide services freely organized under the conditions defined in section 3 of chapter I of title I of book I of this third part.
"The decree in the Council of State provided for in Article L. 3111-25 specifies the modalities for the application of this article, including the criteria for appreciation of the main character of international service and the conditions of its verification. » ;
7° In article L. 3451-2, the reference: "and 5°" is replaced by the references: ", 5° or 6°";
8° In Article L. 3452-5-1, the word "resident" is replaced by the words "established in France";
9° Section L. 3452-6 is amended as follows:
(a) The first sentence of the 5th is thus modified:
- the word "resident" is replaced twice by the words "established in France";
- after the word: " Occasional" are inserted the words: "or regular";
(b) It is added a 6° as follows:
« 6° The fact, for a public road transport company of persons, whether established or not in France, of carrying out a carriage in violation of the obligation of declaration provided for in the first paragraph of Article L. 3111-18 or the prohibitions and limitations imposed under the second paragraph of Article L. 3111-18, or without complying with the deadlines mentioned in Article L. 3111-20. The court may also impose the additional prohibition penalty for carrying out or carrying out transport operations on the national territory for a period of up to one year. » ;
10° Section L. 3452-7 is amended as follows:
(a) The word "resident" is replaced twice by the words "established in France";
(b) After the word: " Occasional" are inserted the words: "or regular";
(c) The reference: "and L. 3421-3" is deleted;
11° Article L. 3452-8 is as follows:
"Art. L. 3452-8. - Is punished by 15,000 € fine:
« 1° The fact, for the company that has commissioned goods road cabotage services, that it does not comply with Article L. 3421-7;
« 2° The use of a road public transport company for the purpose of performing freely organized services referred to in Article L. 3111-17 while the undertaking was not authorized under Articles L. 3113-1 and L. 3411-1.
"The court may also impose the additional prohibition penalty for carrying out or carrying out transport operations on the national territory for a period of up to one year. » ;
12° Article L. 3521-5 is thus restored:
"Art. L. 3521-5. - Section 3 of Chapter I of Book I and Title II of Book IV of this Part, 5 of Article L. 3452-6 and Articles L. 3452-7 and L. 3452-8 are not applicable to Mayotte. » ;
13° Article L. 3551-5 is as follows:
"Art. L. 3551-5. - Section 3 of Chapter I of Title I of Book I and Title II of Book IV of this Part, 5th of Article L. 3452-6 and Articles L. 3452-7 and L. 3452-8 are not applicable to Saint-Pierre-et-Miquelon. »
II. - 3° to 9° of the I of this article are not applicable to Saint-Martin and Saint-Barthélemy.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order, within nine months of the promulgation of this Act, any measure relating to the area of the law intended for the creation of a public institution, including representatives of the State, public institutions of the State and territorial authorities participating in the financing of the project, for the purpose of the realization of a river basin
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order within one year of the promulgation of this Act, any measure within the scope of the law allowing the realization of a railway infrastructure between Paris and the Paris-Charles-de-Gaulle airport, including by amending theArticle L. 2111-3 of the Transport Code.
Within one year of the promulgation of this Act, the Environment and Energy Control Agency shall prepare a report on the impact of the development of bus transport on the environment, particularly in terms of greenhouse gas emissions. This report is made public and is transmitted to the Standing Committees of the National Assembly and the relevant Senate on transport.
Article L. 1213-3-1 of the Transport Code is supplemented by two paragraphs as follows:
"The regional intermodality scheme includes a regional diagram of the bus stations, which indicates the location of the bus stations and defines the main elements of their specifications.
"In accordance with the requirements of the regional diagram of the bus stations, the competent territorial authorities in the area of urban planning or road traffic or their subdelegates coordinate the development actions of the bus stations, whose owners may be public or private. »
Act No. 2010-597 of 3 June 2010 on the Grand Paris is amended as follows:
1° At the end of the eighth paragraph of Article 2, the words: "an electronic communication network" are replaced by the words: "an electronic communications network";
2° Section 7 is amended as follows:
(a) After the VI, a VI bis is inserted as follows:
"VI bis. - The public establishment “Society of the Grand Paris” may, in the infrastructure of the public transport network of the Grand Paris or in the public transport infrastructure under its control, establish, manage, operate or operate high-speed electronic communications networks referred to in Article 2 II of this Act or one or more sets of these networks and provide to the public all electronic communications services, within the meaning of 6° of Article L. 32 of the Post and Electronic Communications Code.
"In accordance with the principle of equality and the rules of competition in the electronic communications market, the public institution "Society of the Greater Paris" cannot exercise the activity of an electronic communications operator, within the meaning of the 15th of Article L. 32 of the same code, as through a specific structure subject to all the rights and obligations governing this activity. » ;
(b) At the end of the VII, the reference: "VI" is replaced by the reference: "VI bis".
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order within six months of the promulgation of this Act, any measure within the scope of the law in order to:
1° Modify and codify the rules applicable to the creation, development and operation of passenger bus stations, as well as other road stop points, by public and private persons, define the principles applicable to the access to these stations by the public road transport companies of persons, modify the rules applicable to the police in these stations to ensure access to those of all persons with disabilities
2° To confer on the Authority for the regulation of railway and road activities the competence to specify the rules of access, to control its respect and to impose sanctions;
3° Define the conditions under which the same authority may be seized in the event of a dispute concerning access to or use of these stations.
Chapter II of title II of the Road Traffic Code is supplemented by sections 3 to 6 as follows:
“Section 3
« Regulation of toll rates
"Art. L. 122-7.-The Authority for the regulation of railway and road activities mentioned in theArticle L. 2131-1 of the Transport Code ensures the proper operation of the toll rate regime.
"Art. L. 122-8.-The Authority for the regulation of railway and road activities is consulted on the draft amendments to the delegation agreement, the terms of reference annexed or any other contract when affecting the toll rates or the duration of the delegation agreement. It is also consulted on any new draft delegation. In particular, it monitors compliance with Article L. 122-4. She pronounces herself within three months of her referral.
"Art. L. 122-9.-The Authority for the regulation of railway and road activities shall, at least once every five years, establish a public report on the general economy of delegation conventions.
"The Authority for the regulation of railway and road activities prepares annually a synthesis of the accounts of dealers. This synthesis is public and transmitted to Parliament.
"In addition, the Authority for the regulation of railway and road activities ensures an annual monitoring of the rates of internal profitability of each concession.
"Art. L. 122-10.-Additional revenues from the toll rates resulting from the amendments referred to in section L. 122-8 cover, in addition to the expenses of any kind referred to in the second paragraph of section L. 122-4, the amortization of the capital invested by the delegate and reasonable remuneration in accordance with the market conditions, as they may be assessed prior to the conclusion of the amendment.
"Art. L. 122-11.-The terms and conditions for the application of this section are specified by decree in the Council of State, taken after notice of the Authority for the regulation of railway and road activities.
“Section 4
"Regulation of works markets, supplies and services of the licensed motorway network
"Art. L. 122-12.-By derogation from 3° of Article 12 of Order No. 2009-864 of 15 July 2009 relating to public works concession contracts, any contract of work, supplies or services passed by a highway concessionaire for the purposes of the concession is governed by this section, with the exception of contracts:
« 1° Adjusted by the Public procurement code or theOrder No. 2005-649 of 6 June 2005 in relation to procurement by certain public or private persons not subject to Public procurement code subject to Article L. 122-13;
« 2° Concluded before the date of full commission of the books or arrangements provided for in the initial terms of reference of the delegation;
« 3° Or mentioned to theArticle 7 of Order No. 2005-649 of 6 June 2005 referred to above.
"Art. L. 122-13.-Building of works, supplies or services governed by theOrder No. 2005-649 of 6 June 2005 referred to above, when passed by a highway concessionaire for the purposes of the concession, are also governed by articles L. 122-14, L. 122-17, L. 122-20 and L. 122-21.
"Art. L. 122-14.-The Authority for the regulation of railway and road activities shall ensure that effective and fair competition is exercised during the procurement of the contracts defined in Article L. 122-12.
"Art. L. 122-15.-LArticle 8 of Order No. 2005-649 of 6 June 2005 referred to above is applicable to markets governed by this section.
"Art. L. 122-16.-For contracts of work, supplies or services, the highway concessionaire shall make an advertisement allowing the presentation of several competing offers, under conditions and subject to exceptions defined by regulation. These exceptions may not apply to work contracts in excess of €500,000. It informs the Regulatory Authority of railway and road activities prior to the award of these markets.
"Art. L. 122-17.-For any highway concession whose length of the network exceeds a prescribed threshold, the concessionaire shall establish a contract commission, consisting of a majority of independent personalities and having no direct or indirect connection with the bidders. It includes at least one representative of the General Directorate of Competition, Consumption and Suppression of Frauds.
"The contract commission is responsible for defining the internal rules for the procurement and execution of contracts of work, supplies and services and ensuring compliance with the procurement and enforcement procedures under this section. These rules, as well as the composition of the commission of contracts, are submitted for advice in accordance with the Autorité de regulation des activitésrails et routes.
"The award of the contracts referred to in Article L. 122-12 and which do not fall within the scope of the reservations referred to in Article L. 122-16 is subject to the prior notice of the contract commission. The Commission of Contracts shall transmit this notice to the Authority for the regulation of railway and road activities and shall inform it of any breach that it finds, within time limits allowing the authority to appeal referred to in Article L. 122-20. The concessionaire may not refuse to follow the notice of the contract commission only by a decision of its board of directors or supervisory board, subject to all the conditions defined by the Trade code for regulated conventions.
"The contract commission shall be informed of the amendments to the contracts referred to in the third paragraph of this article. Any proposed amendments to a contract of work, supplies or services resulting in an increase in the overall amount above a prescribed threshold is submitted to the contract commission for advice. The concessionaire shall communicate to the commission of contracts the list of companies with which it concludes contracts that fall within the scope of the reserves referred to in Article L. 122-16. When a highway concessionaire company does not respect the communication of the information provided in this paragraph, it shall inform the Authority of the regulation of railway and road activities, which may impose a penalty under theArticle L. 2135-7 of the Transport Code.
"Art. L. 122-18.-The procurement procedures defined in Article L. 122-12 are those provided for in sections 11 and 12 Order No. 2005-649 of 6 June 2005 referred to above.
"Art. L. 122-19.-The conditions under which the highway concessionaire, following the completion of the procurement procedure, makes public its choice and makes it known to candidates whose offer has not been accepted and the conditions under which the execution of the contract may begin are specified by regulation.
"Art. L. 122-20.-In the event of a breach of the advertising and competition obligations to which the procurement of works, supplies or services defined in section L. 122-12 is subject, it shall be applied:
« 1° For contracts subject to the rules of public law, subsections 1 and 3 of section 1 and section 2 of chapter I of Book V of the Administrative Justice Code;
« 2° For markets under private law, articles 2 to 4 and 11 to 14 Order No. 2009-515 of 7 May 2009 on appeal procedures for public order contracts.
"The Authority for the regulation of railway and road activities is authorized to appeal the remedies provided for in the articles L. 551-1 and L. 551-13 the Administrative Justice Code or, where applicable, the referrals referred to in the articles 2 and 11 Order No. 2009-515 of 7 May 2009 referred to above when a contract is in question defined in Article L. 122-12 of this Code.
"Art. L. 122-21.-The Authority for the regulation of railway and road activities shall annually prepare a report on the markets defined in Article L. 122-12 and the work carried out in the execution of these markets.
"Art. L. 122-22.-The terms and conditions for the application of this section are specified by decree in the Council of State, taken after notice of the Authority for the regulation of railway and road activities.
“Section 5
"Additional installations on the granted highways
"Art. L. 122-23.-The contracts passed by the highway concessionaire to ensure by a third party the construction, operation and maintenance of the commercial adjacent facilities located on the licensed motorway network are governed by this section.
"Art. L. 122-24.-For contracting as defined in section L. 122-23, the highway concessionaire shall make an advertisement allowing the presentation of several competing offers, subject to conditions and subject to exceptions defined by regulation.
"Art. L. 122-25.-The contracting procedures defined in section L. 122-23 are defined by regulation.
"Art. L. 122-26.-The conditions under which the highway concessionaire makes public its choice and makes it known to the candidates whose offer has not been chosen after the procurement procedure and those in which the performance of the contract may begin are specified by regulation.
"Art. L. 122-27.-The attribute is approved, prior to the conclusion of the contract referred to in Article L. 122-23, by the administrative authority, after notice of the Authority for the regulation of railway and road activities. This notice concerns compliance with the rules referred to in articles L. 122-24 and L. 122-25. The regulatory authority shall be pronounced within one month from the date of the referral.
"Art. L. 122-28.-The terms and conditions of application of articles L. 122-23 to L. 122-27 are specified by decree in the Council of State, taken after notice of the Autorité de regulation des activitésrails et routes.
"Art. L. 122-29.-The administrative authority shall determine the conditions for the organization of the public service on the subsidiary installations located on the licensed motorway network.
“Section 6
" Provisions relating to the Authority for the regulation of railway and road activities
"Art. L. 122-30.-The administrative control of the Authority for the regulation of railway and road activities shall be carried out in respect of highway concessionaires under the conditions set out in section 1 of Chapter V of Title III of Book I of Part II of the Transport Code.
"Art. L. 122-31.-The Authority for the regulation of railway and road activities may collect data, carry out expertise and conduct studies and all necessary information actions in the area of the highways granted. It may, in particular, by a reasoned decision, provide for the regular transmission of information and data by highway dealers and by companies involved in the labour market, supplies and services on the licensed motorway network.
"To this end, highway dealers and companies involved in the labour market sector, supplies and services on the conceded motorway network are required to provide any information regarding the financial results of the concession, the costs of capital invested on the network, the contracts of work, supplies and services and other services rendered to the user and any statistical material relating to the use and attendance of the network.
"Art. L. 122-32.-Section L. 122-31 and sections 1 to 3 of Chapter V of Title III of Part II of the Transportation Code apply, under the same conditions as to highway concessionaires, to the following companies:
« 1° Companies controlled by a concessionaire, as defined in the articles L. 233-3 and L. 233-4 the trade code;
« 2° Companies that control a concessionaire, within the meaning of the same articles;
« 3° Any company with the primary purpose of holding titles of concessionaire autoroutières or the financing of the companies holding them.
"Art. L. 122-33.-The opposite, in any way, of the exercise of the functions of the agents of the Authority for the regulation of railway and road activities in the exercise of their missions in the highway sector is repressed under the conditions set out in section 3 of chapter V of title III of Book I of the second part of the transport code.
"Art. L. 122-34.- Relations and exchanges relating to the motorway sector of the Authority for the regulation of railway and road activities with, on the one hand, the Autorité de la concurrence and, on the other, the competent courts are defined in section 4 of chapter V of title III of Book I of the second part of the transport code. »
Chapter I of Title III of Book I of Part II of the Transport Code is supplemented by an article L. 2131-8and read:
"Art. L. 2131-8.-The Authority for the regulation of railway and road activities may collect data, carry out expertise and conduct studies and any information necessary in the railway sector. It may, in particular, by a reasoned decision, provide for the regular transmission of information by infrastructure managers, service infrastructure operators, railway companies and SNCF.
"For this purpose, infrastructure managers, service infrastructure operators, railway companies and the SNCF are required to provide it with statistical information regarding the use of infrastructure, the consistency and characteristics of the proposed transport offer, the attendance of services, and any information related to the corresponding economic and financial results. »
I. - Article L. 122-4 of the road traffic code is amended as follows:
1° In the second paragraph and in the last sentence of the fourth paragraph, after the word "State", the words are inserted: ", taken after the opinion of the Authority for the regulation of railway and road activities,";
2° The second sentence of the fourth preambular paragraph reads as follows:
"They can only be covered by an increase in toll rates, reasonable and strictly limited to what is required. » ;
3° The penultimate paragraph is thus amended:
(a) The second sentence is supplemented by the words: ", if applicable under the conditions provided for in Article L. 122-8";
(b) The penultimate sentence is replaced by two sentences as follows:
"The terms of reference provide a mechanism for the moderation of toll rates, the reduction of the duration of the concession or a combination of the two, applicable when the revenues of the tolls or the financial results exceed the initial forecasts. In the event of a contribution from local authorities or the State to the financing of the delegation, this arrangement may, instead or in addition, provide for a share of the delegation's financial results for the benefit of the State and the contributing territorial authorities. »
II. - Article L. 122-4-1 of the same code is thus restored:
"Art. L. 122-4-1. - In the event of a delegation of the missions of the public service, the delegation agreement, the terms of reference annexed, including the version amended by their amendments, as well as other contractual documents, shall be made available to the public electronically, in accordance with the terms and conditions established by the competent administrative authority. The competent administrative authority shall also determine the terms and conditions for consultation of documents whose volume or characteristics do not permit electronic provision.
"This publication is carried out in accordance with the secrets protected by law. »
TheOrder No. 2014-690 of June 26, 2014 concerning the participation of the Société du Grand Paris in certain projects of the transport network in Ile-de-France is ratified.
In the sixth paragraph of Article L. 1424-42 of the General Code of Territorial Communities, after the words "concedent highway" are inserted the words ", including on the annexed parts and the annexed installations".
I. - Enter into force on a date fixed by decree, no later than the first day of the third month following the promulgation of this Act:
1° I and III of Article 1;
2° Section L. 3111-17 of the Transportation Code, in its drafting as a result of section 5 of this Act, with respect to services providing a link with two stops of 100 kilometres or less;
3° Sections L. 3111-18 to L. 3111-20 and L. 3111-22 to L. 3111-24 of the same code, in their drafting under section 5 of this Act;
4° The 9th and 11th of Article 6.
II. - As from the date mentioned in I of this Article, the 2nd of Article L. 3111-21 and Article L. 3111-25 of the Transport Code, in their drafting resulting from Article 5 of this Law, are supplemented by the words: ", taken after notice of the Authority for the regulation of railway and road activities".
III. - As from the date referred to in I of this Article, L. 3521-5 and L. 3551-5 of the transport code, in their drafting resulting from Article 6 of this Law, the reference: "the 5th" is replaced by the references: "the 5th and 6th".
IV. Sections 13 and 15 come into force on the first day of the sixth month following the promulgation of this Act.
V. - Sections L. 122-12 to L. 122-28-6 of the Highway Traffic Code, in their drafting pursuant to section 13 of this Act, apply to contracts passed by highway concessionaires for which an advertising procedure is initiated from the date mentioned in the IV of this section, even in the case of a clause contrary to the delegation agreement or the annexed specifications.
I. - The transport code is amended as follows:
1° At the end of the 3rd of Article L. 3120-2, the words: "Customers, unless it justifies a prior reservation or a contract with the final customer" are replaced by the words: "customer who made a prior reservation";
2° Article L. 3121-3 is thus restored:
"Art. L. 3121-3. - In the event of a complete or partial cessation of activity, of merging with a similar or split company, notwithstanding section L. 3121-2, taxi companies operating several authorizations issued prior to the promulgation of the Act No. 2014-1104 of 1 October 2014 relating to taxis and transport cars with a driver, and whose legal representatives do not themselves drive a vehicle are allowed to present one or more successors to the competent administrative authority on an expensive basis.
"Subject to titles II to IV of Book VI of the Commercial Code, the same faculty shall be recognized, during the period of safeguard or in the case of judicial recovery, as the case may be, to the debiting company or to the judicial administrator or, in the event of a judicial liquidation, to the liquidating agent.
"In the event of a final incapacity, as determined by regulation, resulting in the cancellation of the driver's licence of all categories, parking licensees acquired on an expensive basis may present a successor without condition of effective and continuing operation.
"The beneficiaries of this faculty may only drive a taxi or request or operate one or more parking authorizations after a period of five years from the date of submission of the successor.
"In the event of the death of a parking permit holder, his or her eligible persons are entitled to the presentation faculty for a period of one year from death. » ;
3° At the end of the second sentence of the last paragraph of Article L. 3121-5, the words: "registration on waiting list" are replaced by the word "issue";
4° After the word: "customers", the end of the first sentence of Article L. 3121-11 is thus written: "in the authority defined by the competent authority. »
II. - Act No. 2014-1104 of 1 October 2014 on taxis and passenger cars is amended as follows:
1° Section 5 is amended as follows:
(a) At the beginning of the first paragraph of the I, the words: "After the article L. 3121-1 of the same code, it is inserted" are replaced by the words: "At the beginning of section 2 of the same chapter I, it is added";
(b) III is repealed;
2° Part II of section 6 is repealed.
III. - Article 230-19 of the Code of Criminal Procedure is repealed.
IV. - The 7th of Article L. 311-3 of the Social Security Code is repealed effective January 1, 2017.
I. - The road code is amended as follows:
1° After the 12th of the article L. 130-4, it is inserted a 13° as follows:
« 13° Officers of public parking park operators located on the public railway area, sworn and approved by the representative of the State in the department, for the only breaches of the rules concerning the traffic, stopping and parking of vehicles in the right of the public park. » ;
2° In the first and second paragraphs of Article L. 142-4-1, the reference "13°" is replaced by the reference "14°".
II. - Part II of Article L. 2241-1 of the Transport Code is supplemented by a 4° as follows:
« 4° Sworn agents referred to in 13° of article L. 130-4 of the road code. »
The second paragraph of Article L. 212-1 of the Insurance Code is supplemented by a sentence as follows:
"It is obligated to rule on the requests addressed to it. »
The road code is thus modified:
1° Article L. 212-4 is amended as follows:
(a) In the first sentence, after the word: "road" are inserted the words: "or animate an awareness course on road safety";
(b) In the second sentence, after the word: "road" are inserted the words: "or the animation of a road safety awareness course";
2° Article L. 213-6 is amended as follows:
(a) In the first paragraph, after the word "teacher", the words are inserted: "or to operate an institution organizing road safety awareness training courses";
(b) In the second paragraph, after the word "teacher", the words "or animator" are inserted.
The same code is amended:
1° At the end of the first and last paragraphs of Article L. 213-1, the words ", after notice of a commission" are deleted;
2° In the second paragraph of Article L. 213-5, the words "and collected the opinion of the commission referred to in Article L. 213-1" are deleted.
The first paragraph of Article L. 213-2 of the same code is amended as follows:
1° In the first sentence, after the word "written", the words are inserted: ", which can be concluded in the establishment or remotely, in accordance with chapter I, section 2, title II of Book I of the Consumer Code,";
2° After the first sentence, a sentence is inserted as follows:
"This contract is entered into after a screening assessment of the candidate in the vehicle or facility. »
At 3° of Article L. 213-3 of the same code, the words: ", old driving license" are deleted.
Within two months of the promulgation of this Act, the Government shall submit to Parliament a report presenting the amendments to the composition of the Higher Council for Road Education, including the participation of parliamentarians, representatives of e-learning and trade union organizations, and its missions, by also entrusting it with the monitoring, observation and statistical evaluation of conditions of access to the national driver's licence as a whole.
The third and penultimate paragraphs of Article L. 221-2 of the Highway Code are replaced by a paragraph as follows:
"In addition to the driver's seat, a maximum of eight seating places or assigned to the carriage of goods may be used for all agricultural or forestry vehicles and appliances with a speed not exceeding 40 kilometres per hour, as well as vehicles that may be considered. »
I.-Chapter I of Book II title II of the same code is amended as follows:
1° The title is thus written: "Aptitude Verification, Issue and Categories";
2° At the beginning, an article L. 221-1 A was added as follows:
"Art. L. 221-1 A.-Access to the theoretical and practical tests of the driver's license is a universal service. Any candidate who is freely present or through an establishment or an authorized association under sections L. 213-1 or L. 213-7, and who has applied for a driver's licence, shall be offered a place of examination, subject to having reached the required level. » ;
3° Articles L. 221-4 to L. 221-10 are added as follows:
"Art. L. 221-4.-The organization of the following tests shall be carried out by the administrative authority or by persons approved by it for that purpose:
« 1° Any theoretical test of the driver's license;
« 2° Any practical test of professional degrees and titles of a driver's license of a category of vehicle of the heavy group.
"The fees that can be collected by the organizers accredited to the candidates are regulated by decree, taken after notice by the Autorité de la concurrence.
"Art. L. 221-5.-In all departments where the average time between two presentations of the same candidate for the practical test of the light group's vehicle driver's licence is greater than forty-five days, the administrative authority shall use public or contractual agents as examiners authorized to carry out sufficient number of driving tests to ensure that the time limit does not exceed that period.
"The commission of offences of violence or contempt provided by the articles 222-9 to 222-13 and 433-5 the criminal code against one of these agents in the exercise or during the exercise of his or her duties as an examiner shall be punished under the conditions set out in Article L. 211-1 of this Code.
"The conditions for training, impartiality and incompatibility of functions that these officers perform, as well as the duration for which this authorization is granted, are defined by decree.
"Art. L. 221-6.-The certified organizer of a driver's licence test presents guarantees of honourability, ability to organize the test, impartiality and independence in respect of persons who deliver or market conduct education services.
"It ensures that the reviewers to whom it uses the guarantees referred to in Article L. 221-8.
"Art. L. 221-7.-The organization of the tests of the driver's license meets the specifications defined by the administrative authority, which controls the application of the test. The administrative authority has access to the premises where the trials are organized.
"Art. L. 221-8.-The tests of the driver's licence are supervised by an examiner with guarantees of honesty, competence, impartiality and independence in respect of persons delivering or commercializing conduct education services.
"Art. L. 221-9.-I.-In the event of unawareness of any of the obligations referred to in sections L. 221-6 to L. 221-8, the administrative authority, after having placed the individual in a position to make his observations, may suspend, for a maximum of six months, the approval referred to in section L. 221-4.
"II.-In the event of a serious or repeated breach of any of the obligations referred to in sections L. 221-6 to L. 221-8, the administrative authority, after placing the individual in a position to make his or her observations, may terminate the approval referred to in section L. 221-4.
"III.-In the event of a final termination of the organization activity of a driver's licence test, the approval referred to in section L. 221-4 shall be terminated.
"Art. L. 221-10.-The terms of application of articles L. 221-4 to L. 221-9 are fixed by decree in the Council of State. »
II.- Chapter I of title I of Book II is supplemented by articles L. 211-2 to L. 211-7 as follows:
"Art. L. 211-2.-The learning of the driving of motor vehicles for obtaining the driving licence shall be carried out in accordance with the terms set out in the decree provided for in Article L. 211-7.
"For each training category, with the exception of that mentioned in section L. 211-6, the Minister for Road Safety defines the skills to be achieved.
"The educational institutions of road driving and road safety and the associations approved under articles L. 213-1 or L. 213-7 offer each student, upon registration, one of the methods of accompanied learning defined in articles L. 211-3 and L. 211-4.
"Art. L. 211-3.-Advanced learning of driving is a special apprenticeship provided to students at least 15 years of age to obtain a light vehicle driving licence. This apprenticeship is entitled to a reduction in the probationary period following obtaining the driver's licence.
"It includes, on the one hand, an initial training period in a registered establishment or association under articles L. 213-1 or L. 213-7 and, on the other hand, an accompanying learning period, under constant and direct supervision of an accompanying person who meets the conditions set by the decree referred to in article L. 211-7, during which the student must travel a minimum distance for a minimum period of time. These minimum distance and duration conditions are specified by order of the Minister for Road Safety.
"Art. L. 211-4.-A student of at least eighteen years of age enrolled in training in light vehicle driving may take a supervised driving apprenticeship, under the constant and direct supervision of an attendant, after validation of his initial training. This learning is not subject to minimum distance or duration.
"Art. L. 211-5.-People following vocational training to obtain a national education degree permitting the issuance of a driver's licence may practise the guided conduct, on a light vehicle, under the constant and direct supervision of an accompanying person who meets the conditions established by the decree referred to in L. 211-7.
"Guided driving is accessible from the age of sixteen to students who have validated training prior to obtaining a light vehicle driver's licence.
"Art. L. 211-6.-Except in the accompanied driving periods defined in sections L. 211-3 to L. 211-5, the apprenticeship of light-vehicle driving on the public lane may be carried out on a vehicle that meets special requirements, with an attendant justifying a condition of seniority of the driving licence specified by the decree referred to in Article L. 211-7.
"Art. L. 211-7.-A decree in the Council of State defines the conditions for the application of this chapter. »
III.-A the last sentence of the second paragraph of Article L. 223-1 of the same code, the words "an early learning of conduct" are replaced by the words "an early learning of conduct defined in Article L. 211-3".
IV.-Chapter III of Book II title I of the same code is supplemented by an article L. 213-9 as follows:
"Art. L. 213-9.-The establishments and associations approved under articles L. 213-1 or L. 213-7 are engaged in procedures for improving the quality of the training services they deliver. Labelling or certification by an accredited body can access these institutions to specific rights or devices.
"These institutions are required to transmit to the administrative authority every year the information and statistics relating to their training activities to the theoretical and practical examinations of the driver's licence and to the results of their students, in charge of the administrative authority to analyze them according to a specification set by decree to allow the Higher Council of Road Education to prepare an annual public report on the basis of this information.
"The terms and conditions of application of this section are determined by order of the Minister for Road Safety. »
V.-Section L. 312-13 of the Education Code is supplemented by a paragraph to read as follows:
"The passage of the theoretical test of the driver's license may be organized, outside of the school time, in the premises of the appropriate regional schools and schools, under the conditions and in the manner provided for in Article L. 214-6-2 of this Code, for the benefit of the students who wish it and who meet the conditions fixed by the road code to learn how to drive a motor vehicle to obtain a driver's license. »
I. - At 13° of Article L. 141-1 of the Consumer Code, the word "two" is replaced by the word "three".
II. - Chapter III of Book II title I of the Highway Code is amended to read:
1° After the second paragraph of Article L. 213-2, it is inserted a paragraph as follows:
"The applicant's presentation to the driver's licence tests cannot result in any costs. The fees charged for the examination of the candidate are regulated under the conditions set out in the second paragraph of Article L. 410-2 of the Commercial Code.
2° After the same article L. 213-2, an article L. 213-2-1 is inserted as follows:
"Art. L. 213-2-1. - Are liable to an administrative fine, the amount of which cannot exceed 3,000 € for a natural person and 15,000 € for a legal person, the breaches in the first three paragraphs of Article L. 213-2 of this Code.
"The administrative authority responsible for competition and consumption is the competent authority to pronounce, under the conditions specified in theArticle L. 141-1-2 of the Consumer Code, these administrative fines. »
After article L. 213-4 of the road code, an article L. 213-4-1 is inserted as follows:
"Art. L. 213-4-1. - The distribution of examination places to the driver's licence assigned to the educational institutions of driving and road safety is ensured in objective, transparent and non-discriminatory conditions, which do not affect competition between these institutions. These places are assigned to the educational institutions of driving and road safety, in particular according to the number of teachers in the conduct they have, and in order to guarantee the access of free candidates to an examination place.
"The national method of distribution as well as the required documents for registration at a driver's licence review session are defined by order of the Minister for Road Safety. »
I.-Book III of the Commercial Code is supplemented by a title IV as follows:
« Title IV
“REAS OF COMMERCIAL DISTRIBUTION
"Art. L. 341-1.-All contracts entered into between, on the one hand, a natural person or a private legal person comprising merchants, other than those referred to in chapters V and VI of title II of Book I of this Code, or making available to the services referred to in the first paragraph of section L. 330-3 and, on the other hand, any person operating on behalf of, or on behalf of, a store,
"The termination of one of these contracts is a termination of all contracts referred to in the first paragraph of this section.
"This section is not applicable to the lease agreement, the term of which is governed by Article L. 145-4, the association contract and the civil, commercial or cooperative partnership contract.
"Art. L. 341-2.-I.-Any clause that has the effect, after the expiry or termination of any of the contracts referred to in section L. 341-1, of restricting the exercise of the commercial activity of the operator who has previously signed the contract is deemed to be unwritten.
"II.- are not subject to the I of this section the clauses in which the person presuming to do so demonstrates that they meet the following cumulative conditions:
« 1° They relate to goods and services in competition with those subject to the contract referred to in I;
« 2° They are limited to the land and premises from which the operator operates during the term of the contract referred to in I;
« 3° They are essential to the protection of substantial, specific and secret know-how transmitted under the contract mentioned in I;
« 4° Their duration does not exceed one year after the expiry or termination of one of the contracts referred to in Article L. 341-1. »
II.-The I shall apply upon the expiration of one year from the promulgation of this Act.
III.- Within a period of four months from the promulgation of this Act, the Government shall submit to Parliament a report in which it presents concrete measures to strengthen competition in the large distribution sector by facilitating the changes in badges in order to increase the purchasing power of the French, to diversify the offer for the consumer in the barge areas while allowing the merchant to play competition between brands, especially at the level of the services offered.
The trade code is thus modified:
1° The last paragraph of Article L. 441-7 is supplemented by the words: ", or the agreement between a supplier and a wholesaler in accordance with Article L. 441-7-1";
2° After the same article L. 441-7, an article L. 441-7-1 is inserted as follows:
"Art. L. 441-7-1. - I. - A written agreement between the supplier and the wholesaler indicates the obligations to which the parties have undertaken, in accordance with Articles L. 441-6 and L. 442-6, with a view to setting the price after the trade negotiations. Abbed either in a single document or in a package formed by an annual framework contract and application contracts, it sets out:
« 1° The conditions for the sale of goods or services as a result of trade negotiations in accordance with Article L. 441-6, including price reductions;
"Where applicable, the types of situation and the terms and conditions under which the sale transaction is subject to a derogation may be applied;
« 2° The conditions under which the wholesaler makes to the supplier, for the purpose of resale of its products to the professionals, any service that promotes their commercialization that does not fall within the obligations of purchase and sale, specifying the purpose, the expected date, the terms and conditions of execution, the remuneration of the bonds and the products or services to which they relate;
« 3° Other obligations intended to promote the trade relationship between the supplier and the wholesaler, specifying for each the object, the expected date and the terms and conditions of execution, as well as the remuneration or overall price reduction associated with these obligations.
"The obligations under 1° and 4° contribute to the determination of the agreed price.
"The Single Agreement or the Annual Framework Contract shall be entered into before March 1 or within two months of the starting point of the marketing period of products or services subject to a particular marketing cycle.
"This I is not applicable to the products referred to in the first paragraph of Article L. 441-2-1.
“II. - In the sense of I, the notion of wholesaler means any natural or legal person who, for professional purposes, buys products from one or more suppliers and sells them, as a principal means, to other merchants, wholesalers or retailers, to processors or to any other professional who supplies for the purposes of their business.
"Assimilated to wholesalers, as defined in the first paragraph of this II, wholesalers' purchase or reference plants.
"It is excluded from the notion of wholesaler that companies or groups of natural or legal persons operating, directly or indirectly, one or more retail shops or involved in the distribution sector as a purchasing or reference centre for retail business enterprises.
"III. - The failure to be able to justify having entered into a convention meeting the requirements of the I of this article shall be liable to an administrative fine, the amount of which may not exceed €75,000 for a natural person and €375,000 for a legal person. The fine is pronounced under the conditions laid down in Article L. 465-2. The limit of the fine incursed is doubled in the event of a reiteration of the breach within two years of the date on which the first sanction decision became final. »
I. - Article L. 441-8 of the same code is supplemented by a paragraph as follows:
"This section is also applicable to contracts for a period of more than three months on the design and production, in terms that meet the buyer's particular needs, of products referred to in the first paragraph. »
II. - In Article L. 631-25-1 of the Rural Code and Maritime Fisheries, the words "in the penultimate" are replaced by the words "in the fourth".
The fourth sentence of the second paragraph of the third paragraph of Article L. 442-6 of the Commercial Code is supplemented by the words: "or, in a proportionate manner to the benefits derived from the breach, to 5% of the non-tax revenue realized in France by the author of the practices in the last fiscal year since the fiscal year preceding the year in which the practices mentioned in this Article have been implemented".
In the last paragraph of 2° of Article L. 752-6 of the same code, the references: "at 2° and 5°" are replaced by the reference: "at 2°".
I. - Article L. 425-4 of the urban planning code is amended as follows:
1° The first paragraph is supplemented by a sentence as follows:
"An amendment to the project that has a substantial character, within the meaning of Article L. 752-15 of the same code, but does not affect the conformity of the proposed work with respect to the legislative and regulatory provisions referred to in Article L. 421-6 of this Code requires a new application for commercial exploitation with the departmental commission. » ;
2° The last three paragraphs are deleted.
II. - Article 39 of Act No. 2014-626 of 18 June 2014 on handicrafts, trade and very small enterprises is supplemented by a III so written:
"III. - For any project requiring a building permit, the commercial operating authorization, which was valid, was filed before February 15, 2015, is in favour of commercial development commissions. »
Chapter II of Title VI of Book IV of the Commercial Code is supplemented by an article L. 462-10and read:
"Art. L. 462-10.- Must be communicated to the Autorité de la concurrence, for information, at least two months prior to its implementation, any agreement between companies or groups of natural or legal persons operating, directly or indirectly, one or more retail stores of consumer goods, or acting in the distribution sector as a reference point or purchase centre for retail business enterprises, to negotiate to negotiate
"The first paragraph applies when the total global turnover excluding taxes of all companies or groups of natural or legal persons parties to the agreement and the total turnover excluding taxes realized to the purchase in France as part of the agreement by all parties to the agreement exceed the thresholds fixed by decree in the Council of State. »
The last two paragraphs of Article L. 752-15 of the same code are deleted.
The same code is amended:
1° [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
2° [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
3° Article L. 752-27 is amended as follows:
(a) The first preambular paragraph is replaced by an I as follows:
"I.-In the communities under Article 73 of the Constitution and in the overseas communities of Saint-Barthélemy, Saint-Martin, Wallis-et-Futuna and Saint-Pierre-et-Miquelon, in the event of a dominant position, held by a company or a group of companies operating one or more retail shops, the Autorité de la concurrence may address these particular constraints
« 1° On the one hand, that this excessive concentration affects effective competition in the area under review;
« 2° On the other hand, in the same area, this impairment results in high prices or margins practised by the company or group of enterprises in comparison to the averages usually found in the economic sector concerned.
"The company or group of companies may, within two months, propose to it commitments under the conditions set out in section L. 464-2. » ;
(b) The second preambular paragraph is replaced by a second preambular paragraph:
"II.-If the company or group of companies contests the finding established under the conditions set out in I or does not propose commitments or if the proposed commitments do not appear to it to put an end to the achievement of effective competition, a report is notified by the Autorité de la concurrence to the company or group of companies, which may submit its observations within two months.
"The Autorité de la concurrence may, by a reasoned decision, take place after receiving comments from the company or group of companies in question and at the end of a session before the college, direct it to amend, complete or terminate, within a specified period that may not exceed six months, any agreements and any acts by which the economic power constituted itself that allows high prices or margins. It may, under the same conditions, enjoin it to proceed, within a period not less than six months, to the disposal of assets, including land, whether built or not, if this assignment is the only means to ensure effective competition. The Autorité de la concurrence may punish the failure to perform these injunctions under the conditions laid down in Article L. 464-2. » ;
(c) In the last paragraph, the references: "two first paragraphs" are replaced by the references: "I and II".
The consumer code is thus modified:
1° In 1° of the VIII of Article L. 141-1, in the first paragraph of Article L. 421-2 and in the second paragraph of Article L. 421-6, after the second occurrence of the word "contract", are inserted the words "in progress or not,"
2° In 1° of the VIII of Article L. 141-1, in the second paragraph of Article L. 421-2 and in the last paragraph of Article L. 421-6, the words ", including contracts that are no longer proposed," are deleted.
Section 3 of chapter I of title II of Book IV of the same Code is read as follows:
“Section 3
« Action to repair
"Art. L. 421-7.-On the occasion of an action brought before the civil courts and for the purpose of repairing an injury suffered by one or more consumers on the basis of non-constitutive facts of a criminal offence, the associations referred to in Article L. 421-1 may act jointly or intervene to obtain compensation for any act that has a direct or indirect prejudice to the collective interest of consumers and, where appropriate, request the application of the measures provided for in section 221. »
The first sentence of Article L. 423-6 of the same code is supplemented by the words: "or an open account, by the lawyer to whom she appealed pursuant to Article L. 423-9, to the caisse des règlement pécuniaires des avocats du barreau dont ilpendant".
I.-Article L. 312-1-7 of the monetary and financial code is amended as follows:
1° At the beginning of the first paragraph, the mention is added: "I.-";
2° The second preambular paragraph is replaced by a second preambular paragraph:
"II.-Credit institutions provide their clients with information on bank mobility, free of charge and unconditionally, on paper or on other sustainable media, in their premises and in electronic form on their website. » ;
3° The third to sixth preambular paragraphs are replaced by seven sub-items:
"III.-The arrival establishment, which opens the new deposit account as part of the change of bank domicile, offers the customer, free and unconditionally, a banking mobility help service allowing an automated change of bank domiciles, to the new account, valid levies and recurring transfers of the original account.
"If the customer wishes to benefit from this service, the arrival establishment collects its formal agreement to carry out on his or her behalf the formalities related to the change of account so that regular transfers and debits will appear on the new account, as well as the bank details of his or her departure institution.
"In a two-day period commencing with the receipt of the client's formal agreement, the arrival establishment shall request the departure establishment to transfer information relating to valid debit warrants and recurring transfers that have been transferred to that account in the last 13 months, as well as to undebited cheques on cheques used in the last 13 months.
"The departure facility transfers this information to the arrival facility within five working days from receipt of the request made by the arrival facility.
"The arrival facility shall communicate, within five working days of receipt of the information requested at the departure establishment, the contact details of the new account to the issuers of valid levies and recurring transfers.
"The issuers of withdrawals and transfers have a deadline to take these changes into account and inform the client. This deadline is defined by decree in the Council of State.
"The arrival establishment shall inform its client of the list of transactions for which the change of domicile has been sent to its creditors and debtors and shall send to it the list of undebited cheque forms transmitted by the departure establishment. It also informs the client of the consequences associated with a payment incident in the event of insufficient supply of its account at the departure establishment, if it makes the choice not to close it. » ;
4° In the seventh paragraph, the words: "beginning" are replaced by the words: "incoming";
5° The eighth preambular paragraph is replaced by IV and V as follows:
"IV.-In the event of the closing of the account in the starting establishment, the bank shall, for a period of thirteen months from the closing date of the account, inform free of charge by any appropriate means and within a period of three working days, the holder of the fenced account having benefited from the mobility assistance service defined in III:
« 1° From the presentation of any transfer transaction or debit on closed account. This information is made at least once by transmitter involved;
« 2° From the presentation of a cheque on closed account. The former owner of the fenced account is also informed by the departure establishment that he is obliged to refuse the payment of the cheque and the consequences of that refusal, as well as the conditions under which he or she may regulate his or her situation.
"The departing establishment shall transfer to the account opened to the arrival establishment any positive balance of the account, at the date specified in the client's formal agreement.
"V.-In the event of an opening of an account with an establishment located in another Member State of the European Union, the starting establishment, the content of the deposit account that the customer wishes to close, offers, free of charge, within six working days of the request to close the account, a summary of the automatic and recurring transactions that have transited to that account in the last 13 months.
"The departure facility transfers any potential positive balance of the account, subject to the availability of information to identify the arrival establishment and the new customer account. This transfer is effected on the date requested by the client, not earlier than six working days after receipt of the account's closing request. » ;
6° The penultimate sub-paragraph is replaced by a VI as follows:
"VI.-The banking mobility assistance service applies to deposit accounts or payment accounts open to all payment service providers and held by natural persons not acting for professional needs. » ;
7° At the beginning of the last paragraph, the mention is added: " VII.-".
II.-This section comes into force eighteen months after the promulgation of this Act.
I. - The social security code is amended as follows:
1° Section L. 165-9 is amended as follows:
(a) The first paragraph is as follows:
"The health professional who delivers to the public a product or service of equipment of the lacking of hearing or optics listed in the first paragraph of Article L. 165-1 shall give to the social insured or to his/her right, before the conclusion of the contract of sale, a standardized estimate that includes the selling price of each product and of each proposed benefit, as well as the terms and conditions of insurance in respect of which the proposed product is to be paid » ;
(b) The second paragraph is amended to read:
- the words: "audioprothesist" are replaced by the words: "the health professional who delivers to the public a product or a service of equipment to the deficient in hearing or optical-lunetwork";
- are added the words: "and information to ensure the identification and traceability of the medical devices provided";
(c) The third paragraph reads as follows:
"The note and identification and traceability information are transmitted to the social security organization to which the insured is affiliated. » ;
(d) The last paragraph is replaced by two subparagraphs:
"The content and presentation of the quote and note shall be fixed by an order made under the conditions laid down in article L. 113-3 of the Consumer Code.
"The information to ensure identification and traceability is set by a joint decree of ministers responsible for health, economy and social security. » ;
2° After the same article L. 165-9, an article L. 165-9-1 is inserted as follows:
"Art. L. 165-9-1. - The breaches of the obligations set out in Article L. 165-9 of this Code are liable to an administrative fine whose amount cannot exceed 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. »
II. - Article L. 141-1 III of the Consumer Code is supplemented by a 16° as follows:
“ 16° Article L. 165-9 of the Social Security Code. »
Article 19 of Act No. 96-603 of 5 July 1996 on the development and promotion of trade and crafts is amended as follows:
1° After the second preambular paragraph, a sub-item reads as follows:
"People and legal persons engaged in the production of dishes to be consumed on site and who do not employ more than ten employees may register under the conditions defined in the second paragraph of this I."
2° In the third paragraph, the words "the same" are deleted;
3° At 1°, the reference: "in the second paragraph" is replaced by the references: "in the second and third paragraphs".
I. - Article L. 441-6 of the Commercial Code is amended as follows:
1° I is thus modified:
(a) The ninth paragraph is amended to read:
- the first sentence is replaced by two sentences as follows:
"The time agreed between the parties to pay the amounts due shall not exceed sixty days from the date of issue of the invoice. By derogation, a maximum period of forty-five days at the end of the month from the date of issue of the invoice may be agreed between the parties, provided that this period is expressly stipulated by contract and that it does not constitute a manifest abuse of the creditor. » ;
- in the second sentence, the words: "this period" are replaced by the words: "the time agreed between the parties";
(b) It is added a paragraph to read:
"By derogation from the ninth preambular paragraph, for product sales or services in sectors of a particular seasonal nature, the parties may agree on a payment period that cannot exceed the maximum period applicable in 2013 pursuant to an agreement reached on the basis of the agreement III of Article 121 of Act No. 2012-387 of 22 March 2012 on the simplification of the law and the ease of administrative procedures. This period must be expressly stipulated by contract and must not constitute a manifest abuse of the creditor. A decree sets out the list of sectors concerned. » ;
2° In the first sentence of the first paragraph of the VI, the words "and eleventh" are replaced by the words ", eleventh and last".
II. - In the first paragraph of the III of section 121 of Act No. 2012-387 of 22 March 2012 on the simplification of the law and the relief of administrative proceedings, the words: "the one provided for in the same ninth paragraph" are replaced by the words: "the ones provided for in the same ninth paragraph, subject to the explicit provision of a contract and that they do not constitute a manifest abuse of the creditor and".
The first paragraph of Article 4 of Act No. 2014-344 of 17 March 2014 for consumption:
"Product sellers may display a double price for the same property: a selling price and a usage price defined in the second paragraph of this article. »
The Government shall submit to Parliament, by 31 December 2015, a report on the consequences of differential marketing on the basis of sex, price differentials on the basis of consumer sex and inequalities on the purchasing power of women and men.
At the end of the last sentence of the first paragraph of article L. 3332-11 of the Public Health Code, the words "in application of this article" are replaced by the words "only with the favourable opinion of the mayor of the commune".
I.-The trade code is amended as follows:
1° After title IV of book IV, a title IV bis is inserted as follows:
« Title IV BIS
« DE CERTAINS TARIFS REGULATIONS
"Art. L. 444-1.- These are the regulated rates for the benefits of judicial commissioners, court clerks of commerce, judicial officers, judicial administrators, judicial agents and notaries. This title also governs the rights and emoluments of the lawyer with respect to real estate seizure, sharing, licitation and judicial security rights mentioned inArticle 10 of Act No. 71-1130 of 31 December 1971 reforming certain legal and judicial professions.
"Unless otherwise provided, where a professional referred to in the first paragraph of this section is authorized to perform an activity whose remuneration is subject to a tariff specific to another category of judicial officer or public or ministerial officer, the remuneration shall be determined in accordance with the rules of that tariff. The benefits performed by the persons referred to in the second paragraph of Article L. 811-2 and the first paragraph of Article L. 812-2 shall be paid in accordance with the regulated rates applicable to judicial administrators and agents.
"Unless otherwise provided, benefits that professionals referred to in the first paragraph of this section compete with those, not subject to a tariff, other professionals are not subject to a regulated tariff. The fees paid for these benefits take into account, according to the usages, the situation of the client's fortune, the difficulty of the case, the costs exposed by the professionals concerned, their reputation and the diligence of them. The professionals concerned enter into a payment agreement in writing with their client, which specifies, inter alia, the amount or method of determining the fees foreseeable diligence, as well as the various fees and disbursements envisaged.
"Art. L. 444-2.-The rates referred to in section L. 444-1 take into account the relevant costs of the rendered service and reasonable remuneration, defined on the basis of objective criteria.
"By derogation from the first paragraph of this section, a tariff equalization may be provided for for all benefits served. This equalization may, inter alia, provide that the rates for benefits relating to property or rights above a threshold fixed by the joint order provided for in section L. 444-3 are fixed proportionally to the value of the property or the law.
"In addition, there may be a redistribution between professionals in order to promote the coverage of the entire territory by the legal and judicial professions and the access of the largest number to the law. This redistribution is the main purpose of a fund called "Inter-Professional Fund for Access to Law and Justice".
"The organization and operation of the inter-professional fund of access to law and justice, as well as the composition of the board of directors by which the private legal entity is administered, are specified by the decree in the Council of State under Article L. 444-7.
"Remissions may be made where a tariff is determined proportionally to the value of a property or a right under the second paragraph of this section and where the seat of that tariff is greater than a threshold defined by the joint order under section L. 444-3. The rate of rebates awarded by a professional is fixed, identical to all and included within the limits defined by regulation.
"Art. L. 444-3.-The rate of each benefit is determined jointly by the Ministers of Justice and Economy.
"This tariff is revised at least every five years.
"Art. L. 444-4.-The judicial commissioners, the clerks of the commercial court, the judicial officers, the judicial administrators, the judicial agents, the persons mentioned in the second paragraph of Article L. 811-2 and in the first paragraph of Article L. 812-2, the lawyers for the rights and emoluments referred to in the first paragraph of Article L. 444-1 of this Code and note the notices first paragraph of Article L. 113-3 of the Consumer Code.
"Art. L. 444-5.-The Ministers of Justice and Economy, for the purposes of Article L. 444-3, and the Autorité de la concurrence, for the purposes of Articles L. 444-7 and L. 462-2-1, may collect:
« 1° Any useful data, from the professionals mentioned in article L. 444-1;
« 2° Statistical information defined by regulation, from the representative bodies of these professionals.
"Art. L. 444-6.-I.-The officers referred to in Article L. 450-1, Part II, are seeking and detecting breaches of Articles L. 444-4 and L. 444-5 under the conditions set out in Articles L. 450-2 to L. 450-8. They may require professionals and their representative bodies to comply with their obligations under the conditions set out in Article L. 465-1.
"II.-The breaches of sections L. 444-4 and L. 444-5 of this Code and the failure to comply with these provisions shall be subject to the fine provided for in theArticle L. 111-6 of the Consumer Code, which is pronounced under the conditions provided for in Article L. 141-1-2 of the same code.
"Art. L. 444-7.-A decree in the Conseil d'Etat, taken after the advice of the Autorité de la concurrence, specifies the modalities for the application of this title, including:
« 1° Methods for assessing relevant costs and reasonable remuneration;
« 2° The characteristics of the equalization provided for in the second paragraph of Article L. 444-2;
« 3° The composition of the board of directors, the organization and operation of the inter-professional fund of access to law and justice referred to in the third paragraph of the same article L. 444-2;
« 4° The list of statistical information mentioned in the 2nd of Article L. 444-5 and the modalities of their regular transmission. » ;
2° After the article L. 462-2, an article L. 462-2-1 is inserted as follows:
"Art. L. 462-2-1.-A la demande du Gouvernement, l' Autorité de la concurrence donne son avis sur les prix et prix prévues, respectivement, au deuxième alinéa de l'article L. 410-2 et à l'article L. 444-1. This notice is made public.
"The Autorité de la concurrence may also take the initiative to issue a notice on regulated prices and tariffs referred to in the first paragraph of this article. This notice shall be made public no later than one month before the revision of the price or tariff in question.
"The undertaking of a notice procedure pursuant to this Article shall be made public within five working days, in order to allow the consumer associations approved at the national level to legalize and to the professional organizations or the relevant ordinal bodies to address their observations to the Autorité de la concurrence.
"The Government shall inform the Autorité de la concurrence of any proposed revision of the regulated prices or tariffs referred to in the first paragraph, at least two months before the revision of the price or tariff in question. » ;
3° The first sentence of Article L. 663-2 is as follows:
"The terms and conditions for remuneration of judicial administrators, judicial agents, plan commissioners and liquidators are set in accordance with Book IV bis. » ;
4° In the first paragraph of Article L. 663-3, the reference: "L. 663-2" is replaced by the reference: "L. 444-2";
5° At the end of the first paragraph of Article L. 743-13, the words "by decree in the Council of State" are replaced by the words "in accordance with title IV bis of Book IV of this Code".
II.-The first sentence of the third paragraph of Article L. 113-3 of the Consumer Code is supplemented by the words: "this code, as well as the benefits mentioned in Book IV bis of the Commercial Code".
III.-[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
IV.-Section 1 of the Act of 29 March 1944 on the rates of emoluments allocated to public or ministerial officers is repealed on a date fixed by decree, and no later than the sixth month after the promulgation of this Act. Orders under Article L. 444-3 of the Commercial Code may be adopted before that date.
V.-Sont applicable to Wallis-et-Futuna:
1° Articles L. 444-1 to L. 444-7, L. 462-2-1, L. 663-2, L. 663-3 and L. 743-13 the commercial code, in their drafting resulting from this article;
2° TheArticle L. 113-3 of the Consumer Codein its writing resulting from this article.
I.-Act No. 71-1130 of 31 December 1971 on the reform of certain legal and judicial professions is thus amended:
1° III to VI of Article 1 are repealed;
2° Article 5 is thus written:
"Art. 5.- Lawyers shall exercise their ministry and may plead without territorial limitation to all jurisdictions and judicial or disciplinary bodies, subject to the reservations provided for in Article 4.
"They may apply to all courts of great jurisdiction in the court of appeal in which they have established their professional residence and before the court of appeal.
"By derogation from the second preambular paragraph, lawyers may not apply to a court other than the court to which their professional residence is established, either in the context of the procedures for the seizure of property, sharing and lawfulness, or in the context of legal aid, or in instances in which they would not be masters of the case also in charge of the pleading. » ;
3° After Article 5, an article 5-1 is inserted as follows:
"Art. 5-1.-By derogation from the second paragraph of Article 5, lawyers registered at the bar of one of the courts of great instance in Paris, Bobigny, Créteil and Nanterre may apply to each of these courts. They may apply to the Court of Appeal in Paris when they applied to one of the Courts of Grand Instance in Paris, Bobigny and Créteil, and to the Court of Appeal in Versailles when they applied to the Court of Grand Instance in Nanterre.
“The exemption provided for in the last paragraph of Article 5 shall apply to them. » ;
4° The second paragraph of Article 8 is replaced by two subparagraphs as follows:
"The association or society may apply to all courts of large instance in the court of appeal in which one of its members is established and before the court of appeal by the Ministry of a lawyer registered in the bar established near one of these courts.
"By derogation from the fifth preambular paragraph, the association or society may not apply to another court other than the court to which one of its members is established, either in the context of the procedures for the seizure of property, sharing and lawfulness, or in the context of legal aid, or in proceedings in which the latter would not be the master of the case also in charge of the pleading. » ;
5° Section 8-1 is amended as follows:
(a) In the second sentence of the second paragraph, the words: "the three" are replaced by the words: "the time limit of one";
(b) It is added a paragraph to read:
"The lawyer complies with his legal aid obligations, assistance in the intervention of the lawyer in non-jurisdictional proceedings and ex officio boards within the bar in which his professional residence is established and within the bar in which he has a secondary office. » ;
6° The first four paragraphs of Article 10 are replaced by five paragraphs, as follows:
"The fees for postulation, consultation, assistance, advice, drafting of legal acts under private seing and pleading are set in agreement with the client.
"In terms of real estate seizure, sharing, licitation and judicial security, the rights and emoluments of the lawyer are fixed on the basis of a tariff determined under the terms set out in Book IV bis of the Commercial Code.
"With the exception of an emergency or force majeure or when it comes under total legal aid or Part III of Act No. 91-647 of 10 July 1991 on legal aid, the lawyer concludes in writing with his client a fee agreement, which specifies, inter alia, the amount or method of determining the fees foreseeable diligence, as well as the various fees and disbursements envisaged.
"The fees take into account, according to usage, the situation of the client's fortune, the difficulty of the case, the fees charged by the lawyer, his reputation and the diligence of the lawyer.
"A set of fees that would only be fixed according to the legal outcome is prohibited. Is lawful the agreement which, in addition to the remuneration of the benefits performed, provides for the establishment of a complementary honorary according to the result obtained or service rendered. » ;
7° Chapter I of title I is supplemented by article 10-1 as follows:
"Art. 10-1.-Where, in order to verify compliance with the third paragraph of Article 10 of this Law, the administrative authority responsible for competition and consumption shall use the powers referred to in 1° of the III bis of Article L. 141-1 of the Consumer Code, she informs the sticker of the relevant bar in writing, at least three days before. » ;
8° The 4th of section 53 is repealed.
II.-After the III of Article L. 141-1 of the Consumer Code, it is inserted a III bis as follows:
“III bis.-are sought and found, under the conditions set out in II of this article, breaches of the provisions:
“ 1° Dude third paragraph Article 10 of Act No. 71-1130 of 31 December 1971 on the reform of certain legal and judicial professions, in accordance with the professional secrecy referred to in Article 66-5 of the Act; "
III.-The articles 1, 5,8,8-1,10,10-1 and 53 Act No. 71-1130 of 31 December 1971 on the reform of certain legal and judicial professions, in their drafting resulting from this article, are applicable in New Caledonia, French Polynesia and Wallis and Futuna.
IV.-This article is applicable in the territory of Saint-Pierre-et-Miquelon to the members of the bodies of the Saint-Pierre and Miquelon Islands.
In administrative matters, the incumbents in Saint-Pierre-et-Miquelon may apply to the administrative court of territorially competent appeal to hear appeals against the judgments of the administrative tribunal of Saint-Pierre-et-Miquelon.
V.-On the first day of the twelfth month following the promulgation of this Act, the first day of the twelfth month shall come into force.
I. - Notaries, judicial officers and judicial commissioners may freely settle in areas where the establishment of offices appears to be useful to strengthen the proximity or offer of services.
These areas are determined by a map prepared jointly by the Ministers of Justice and Economy, on the proposal of the Autorité de la concurrence pursuant to Article L. 462-4-1 of the Commercial Code. They are defined in detail with the criteria specified by decree, including a demographic analysis of the predictable evolution of the number of professionals installed.
To this end, this map identifies the areas in which, in order to enhance the proximity or offer of services, the creation of new notary offices, judicial officer or judicial commissioner appears useful.
In order to ensure a gradual increase in the number of offices to be created, so as not to change the working conditions of existing offices, this map has recommendations on the pace of installation compatible with a gradual increase in the number of professionals in the area concerned.
This card is made public and revised every two years.
II. - In the areas referred to in I, where the applicant meets the conditions of nationality, fitness, honesty, experience and insurance required to be appointed as notary, judicial officer or judicial commissioner, the Minister of Justice shall appoint him to the office of notary, judicial officer or judicial officer created. A decree specifies the conditions for the application of this paragraph.
If, within a period of six months from the issuance of the map referred to in I, the Minister of Justice finds a lack of demand for office creations in relation to the needs identified, the Minister shall, under conditions provided for by decree, make an appeal for an expression of interest for an appointment in a vacant office or to create or establish an office annexed by a incumbent officer.
If the appeal is unsuccessful, the Minister of Justice entrusts the provision of the general interest services in question, as the case may be, to the departmental board of notaries, to the departmental chamber of judicial officers or to the chamber of the judicial commissioners concerned. The Minister of Justice specifies, based on the identified insufficiency, the content and terms of the services rendered. To this end, a permanence is established in a house of justice and law. The Chamber shall distribute, among the public or ministerial officers of its jurisdiction, the charges and hardships resulting from this II.
III. - In areas other than those mentioned in I, where the establishment of additional offices of notary, judicial officer or judicial presiding officer would be likely to affect the continuity of the operation of existing offices and to jeopardize the quality of the service rendered, the Minister of Justice may refuse an application for the creation of office, after the advice of the Autorité de la concurrence rendered within two months of the filing of an application. This notice is made public. The refusal is motivated by the characteristics of the area and the level of economic activity of the professionals involved.
IV. - [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
V. - After Article L. 462-4 of the Commercial Code, an article L. 462-4-1 is inserted as follows:
"Art. L. 462-4-1. - The Autorité de la concurrence renders to the Minister of Justice, who is the guarantor of it, a notice on the freedom of installation of notaries, judicial officers and judicial commissioners.
"It makes all recommendations to improve access to public or ministerial offices with a view to strengthening the territorial cohesion of services and gradually increasing the number of offices in the territory. It also provides an assessment of women's and men's access to public or ministerial offices, based on sex data and an analysis of the demographic evolution of women and youth in the professions concerned. These recommendations are made public at least every two years. They match the card mentioned to the I of Article 52 of Law No. 2015-990 of 6 August 2015 for economic growth, activity and equal opportunities.
"The opening of a procedure for the development of the map referred to in the second paragraph of this section shall be made public, within five days from the date of this opening, in order to allow the associations for the defence of registered consumers at the national level to be tried, the ordinal bodies of the professions concerned, as well as to any person fulfilling the conditions of nationality, aptitude, honesty, experience
"When the Autorité de la concurrence deliberates under this article, its college comprises two qualified personalities appointed by decree for a period of three years not renewable. »
VI. - Article L. 462-4-1 of the Commercial Code, in its drafting resulting from this article, is applicable to Wallis-et-Futuna.
VII. - This article does not apply in the departments of Bas-Rhin, Haut-Rhin and Moselle. Within two years of the promulgation of this Act, the Government shall submit to Parliament a report on the opportunity to extend this section to these three departments.
VIII. - This section comes into force on the first day of the sixth month following the promulgation of this Act.
I.-The law of 25 ventôse an XI containing organization of the notariat is thus amended:
1° Article 2 is as follows:
"Art. 2.-Notaries cease their duties when they reach the age of seventy years. Upon authorization from the Minister of Justice, they may continue to perform their duties until the day their successor is sworn, for a period not exceeding twelve months. » ;
2° Article 4 is thus written:
"Art. 4.-Any person who meets the conditions of nationality, aptitude, honesty, experience and insurance shall be appointed by the Minister of Justice as a notary in areas where the establishment of notary offices appears to be useful in strengthening the proximity or offer of services.
"The appointment may, however, be refused in the cases provided for in the III of Article 52 of Law No. 2015-990 of 6 August 2015 for economic growth, activity and equal opportunities.
"A call for expressions of interest is organized in the areas identified under Article 52 II.
"A decree in the Council of State sets out the modalities for the application of this article. » ;
3° Section 10 is repealed. However, except for revocation, the authorizations granted before January 1, 2015 continue to produce their effects until the first day of the twelfth month following the promulgation of this Act;
4° The second sentence of Article 52 is supplemented by the words: "for a period not exceeding twelve months";
5° Section 68 is amended as follows:
(a) The first paragraph is deleted;
(b) In the first sentence of the second paragraph, the words "to the territorial authorities of Mayotte and Saint-Pierre-et-Miquelon" are replaced by the words "in Saint-Pierre-et-Miquelon".
II.-Section 2 of the law of 25 ventôse an XI containing organization of the notariat, in its writing resulting from this section, comes into force on the first day of the twelfth month following that of the promulgation of this Act. Section 4 of the Act, in its drafting under this section, comes into force on the first day of the sixth month following the promulgation of this Act.
I.-Order No. 45-2592 of 2 November 1945 relating to the status of bailiffs is thus amended:
1° Article 3 is thus written:
"Art. 3.-The territorial jurisdiction of judicial officers, for the exercise of the activities referred to in the second and last paragraphs of Article 1, is national. Subject to this reservation, the territorial jurisdiction of judicial officers shall be exercised within the jurisdiction of the court of appeal in which they have established their professional residence.
"A decree in the Council of State defines:
« 1° Conditions of suitability for their functions, including conditions for recognition of the professional experience of employee clerics;
« 2° The territorial jurisdiction within which they are required to lend their ministry or assistance;
« 3° The rules applicable to their professional residence;
« 4° The modalities under which they may be allowed to form groups or associations;
"5° Their professional obligations. » ;
2° After chapter I, a chapter is inserted I bis as follows:
« Chapter I BIS
"From the appointment by the Minister of Justice
"Art. 4.-Any person who meets the conditions of nationality, aptitude, honesty, experience and insurance shall be appointed by the Minister of Justice as judicial officer in areas where the establishment of judicial officer offices appears to be useful in strengthening the proximity or offer of services.
"The appointment may, however, be refused in the cases provided for in the III of Article 52 of Law No. 2015-990 of 6 August 2015 for economic growth, activity and equal opportunities.
"A call for expressions of interest is organized in the areas identified under Article 52 II.
"A decree in the Council of State sets out the modalities for the application of this article. It also specifies the terms and conditions of liability, experience, financial guarantee and insurance provided for in the first paragraph of this section.
"Art. 4 bis.-The judicial officers cease their duties when they reach the age of seventy years. Upon authorization from the Minister of Justice, they may continue to perform their duties until the day their successor is sworn, for a period not exceeding twelve months. »
II.-Article 3 of Order No. 45-2592 of 2 November 1945 relating to the status of bailiffs, in its drafting resulting from this article, comes into force on 1 January 2017.
III.-Section 4 of the same order, in its drafting under this section, comes into force on the first day of the sixth month following the promulgation of this Act. Section 4 bis of the said Order, in its drafting under this section, comes into force on the first day of the twelfth month following the promulgation of this Act.
I.-The order of 26 June 1816, which establishes, pursuant to the law of 28 April 1816, judicial commissioners in the town of chief places of borough, or which are the seat of a court of great instance, and in those which, having neither sub-prefecture nor court, contain a population of five thousand souls and above, is thus amended:
1° The third paragraph of Article 1-1 is deleted;
2° After the same article 1er-1, insert 1er-1-1 and 1er-1-2 articles as follows:
"Art. 1-1-1.-Any person who meets the conditions of nationality, fitness, honesty, experience and insurance shall be appointed by the Minister of Justice as a Judicial Commissioner in areas where the establishment of judicial commissioner offices appears to be useful in strengthening the proximity or offer of services.
"The appointment may, however, be refused in the cases provided for in the III of Article 52 of Law No. 2015-990 of 6 August 2015 for economic growth, activity and equal opportunities.
"A call for expressions of interest is organized in the areas identified in accordance with Article 52 II.
"A decree in the Council of State sets out the modalities for the application of this article.
"Art. 1-1-2.-The judicial commissioners cease their duties when they reach the age of seventy years. Upon authorization from the Minister of Justice, they may continue to perform their duties until the day their successor is sworn, for a period not exceeding twelve months. » ;
3° Section 1-2 is amended as follows:
(a) The first two paragraphs are deleted;
(b) In the last paragraph, after the word: “offices”, the words “of judicial commissioner” are inserted;
4° Articles 1-3 and 2 are repealed;
5° After the word: "High Rhine", the end of the first paragraph of Article 3 is thus written: "and Moselle. » ;
6° Article 12 is supplemented by a paragraph to read:
"The call for a demonstration of interest scheduled to take place II of Article 52 of Law No. 2015-990 of 6 August 2015 for economic growth, activity and equal opportunity shall be deemed to be an authorization to open an annexed office under this section. »
II.-The I and IV of this article come into force on the first day of the sixth month following that of the promulgation of this Act, with the exception of section 1-1-2 of the order of 26 June 1816, which establishes, pursuant to the law of 28 April 1816, commissioners-prisoners in the towns heads-lieux d'arrondissement, or that are the seat of a court of great jurisdiction, and
III.-In the first paragraph and in the second sentence of the second paragraph of Article 29 of Act No. 2000-642 of 10 July 2000 regulating the voluntary sales of furniture at public auctions, after the word: "movables", the words "body or intangible".
IV.-A the last sentence of section 56 of the Act, the reference is: "Section 1-3 of the order of 26 June 1816, which establishes, pursuant to the law of 28 April 1816, judicial commissioners in the towns chiefs of borough, or which are the seat of a court of great instance, and in those which, having neither sub-prefecture nor a tribunal, contains a person of five persons IV of Article 52 of Law No. 2015-990 of 6 August 2015 for economic growth, activity and equal opportunities."
I.-Article L. 741-1 of the Commercial Code is supplemented by a paragraph to read as follows:
"They cease their duties when they reach the age of seventy years. Upon authorization from the Minister of Justice, they may continue to perform their duties until the day their successor is sworn, for a period not exceeding twelve months. »
II.-The I comes into force on the first day of the twelfth month following the promulgation of this Act.
I.-After Article L. 462-4 of the Commercial Code, an article L. 462-4-2 is inserted as follows:
"Art. L. 462-4-2.-The Autorité de la concurrence shall render to the Minister of Justice, who is the guarantor, a notice on the freedom of installation of lawyers to the Council of State and the Court of Cassation.
"It makes all recommendations to improve access to legal offices to the Council of State and the Court of Cassation with a view to gradually increasing the number of such offices. It also provides an assessment of women and men's access to these offices. These recommendations are made public at least every two years.
"For this purpose, it identifies the number of creations of legal offices in the Council of State and the Court of Cassation that appear to be necessary to provide satisfactory services in accordance with criteria defined by decree and taking into account the requirements of good administration of justice and the evolution of litigation in both jurisdictions.
"Recommendations on the number of creations of lawyers' offices in the Council of State and the Court of Cassation allow for a gradual increase in the number of offices to be created, so as not to change the working conditions of existing offices.
"The opening of a procedure on the basis of this article shall be made public within five days from the date of this opening, in order to allow the associations of defence of the registered consumers at the national level to be tried, the board of the order of the lawyers to the Council of State and the Court of Cassation, as well as to any person who meets the conditions of nationality, aptitude, honesty,
"When the Autorité de la concurrence deliberates under this article, its college shall consist of two qualified personalities appointed by decree for a period of three years not renewable. »
II.-Article 3 of the order of September 10, 1817 which, under the name of the Order of Lawyers to the Council of State and the Court of Cassation, brings together the order of lawyers to the councils and the College of Lawyers to the Court of Cassation, irrevocably fixes the number of the holders, and contains provisions for the internal discipline of the Order is thus written:
"Art. 3.-I.-In the light of the needs identified by the Autorité de la concurrence under the conditions set out in Article L. 462-4-2 of the Commercial Code, when the applicant meets the conditions of nationality, aptitude, honesty, experience and insurance required for the exercise of the profession of lawyer in the Council of State and in the Court of Cassation, the Minister of State shall appoint him as the Office of Justice. A decree specifies the conditions for the application of this paragraph.
"If, within a period of six months from the publication of the recommendations of the Autorité de la concurrence referred to in the same article L. 462-4-2, the Minister of Justice notes that there are insufficient requests for public office creations in relation to the needs identified, the Minister shall, under conditions provided by decree, make an appeal for an expression of interest for appointment in an office.
"A decree specifies the conditions under which the Minister of Justice appoints persons who meet the conditions of nationality, aptitude, honesty, experience and insurance required to be appointed as a lawyer to the Council of State and the Court of Cassation.
"II.-The conditions of access to the legal profession to the Council of State and the Court of Cassation are set by decree in the Council of State. Only persons who have successfully undergone a fitness examination under the same decree can access this profession. »
III.-At the beginning of second paragraph of Article 18 of Law No. 66-879 of 29 November 1966 in relation to professional civil societies, the words: " Subject to the provisions of Article 3 of the Order of September 10, 1817" are deleted.
IV.-This section comes into force on the first day of the sixth month following the promulgation of this Act.
I.-The above-mentioned order of 10 September 1817 is amended as follows:
1° Article 15 is thus restored:
"Art. 15.-The fees for consultation, assistance, advice, drafting of legal acts under private seing and pleading are fixed in agreement with the client.
"With the exception of an emergency or force majeure or when it comes to total legal aid, counsel to the Council of State and the Court of Cassation concludes in writing with his client an agreement of fees, which specifies, in particular, the amount or method of determining the fees covering the foreseeable diligences, as well as the various costs and disbursements envisaged.
"The fees take into account, according to usage, the situation of the client's fortune, the difficulty of the case, the fees charged by the lawyer to the Council of State and to the Court of Cassation, his notoriety and his diligence.
"A set of fees that would only be fixed according to the legal outcome is prohibited. Is lawful the agreement which, in addition to the remuneration of the benefits performed, provides for the establishment of a complementary honorary according to the result obtained or service rendered. » ;
2° After the same article 15, articles 15-1 and 15-2 are inserted as follows:
"Art. 15-1.-Where, in order to verify compliance with the second paragraph of Article 15 of this Order, the administrative authority responsible for competition and consumption shall use the powers referred to in 2° of the III bis of Article L. 141-1 of the Consumer Code, she informs the President of the Bar Council of the State Council and the Court of Cassation in writing, at least three days before.
"Art. 15-2.-In all matters, whether in the field of counsel or in the field of defence, the consultations sent by a lawyer to the Council of State and the Court of Cassation to his client or to the client, the correspondence exchanged between the lawyer to the Council of State and the Court of Cassation and his client, the correspondence exchanged between the lawyer to the Council of State and to the Court of State Act No. 71-1130 of 31 December 1971 reforming certain legal and judicial professions, with the exception of those with the mention “official”, the maintenance notes and, more generally, all the documents in the file are covered by professional secrecy. »
II.-Le III bis of Article L. 141-1 of the Consumer Code, as a result of Part II of Article 51 of this Act, is supplemented by a 2° as follows:
« 2° From the second paragraph of Article 15 of the Order of September 10, 1817, which brings together, under the name of the Order of Lawyers to the Council of State and the Court of Cassation, the order of lawyers to the Councils and the College of Lawyers to the Court of Cassation, irrevocably fixes the number of the holders, and contains provisions for the internal discipline of the Order, in accordance with the professional secrecy referred to in Article 15-2. »
I.-Article 1st ter of Order No. 45-2590 of 2 November 1945 relating to the status of the notariat is thus amended:
1° The first paragraph is amended to read:
(a) In the first sentence, the word "two" is replaced by the word "four";
(b) In the second sentence, the words: "double of that of the associate notaries in the exercise" are replaced by the words: " quadruple of that of the associate notaries in the exercise";
(c) Is added a sentence as follows:
"As of January 1, 2020, the number of recruitments of notaries is limited to two for a natural person holding a notarial office and double the number of notaries involved in the profession for legal persons holding a notary office. » ;
2° The second paragraph is supplemented by a sentence as follows:
"A non-concurrence clause is deemed non-written. »
II.-Article 3 ter of Order No. 45-2592 of 2 November 1945 relating to the status of bailiffs is thus amended:
1° The second paragraph is amended to read:
(a) After the word: "more", the end of the first sentence is thus written: "two employee judicial officers. » ;
(b) In the second sentence, the word "to" is replaced by the words "to double";
2° The third paragraph is supplemented by a sentence as follows:
"A non-concurrence clause is deemed non-written. »
III.-Section 3 of Order No. 45-2593 of 2 November 1945 relating to the status of the commissioners is amended as follows:
1° The second paragraph is amended to read:
(a) After the word: "more", the end of the first sentence is thus written: "two commissioners-prisoners. » ;
(b) In the second sentence, the words: "to that of the judicial commissioners involved in it" are replaced by the words: "to double that of the judicial commissioners involved in it";
2° It is added a paragraph to read:
"A non-concurrence clause between the office holder and the employed judicial presiding officer shall be deemed unwritten. »
IV.-The first paragraph of Article L. 743-12-1 of the Commercial Code is amended as follows:
1° After the word: "more", the end of the first sentence is thus written: "two clerks of a paid trade tribunal. » ;
2° In the second sentence, the word "to" is replaced by the words "to double".
V.-In a period of two years from the promulgation of this Act, the Government shall transmit to Parliament a report on the evolution of the number of notaries, judicial officers, judicial commissioners and clerks of a paid trade tribunal since the promulgation of this Act and on the evolution of the proportion of young people and women among these employees.
VI.-Section 1 of Chapter II of Book VI of the Social Security Code is supplemented by an article L. 642-4-1, as follows:
"Art. L. 642-4-1.-The appointment as a judicial commissioner, clerk of a commercial court or judicial officer, the registration on the list of judicial administrators or on the list of judicial agents, as well as the declaration as a volunteer sales commissioner, shall include the obligation to contribute to the supplementary regime established under section L. 644-1 for the benefit of these professions, even in the event of a general social affiliation.
"A decree sets out the distribution of contributions between the employer and the employer natural or legal person when the employer is affiliated with the general social security system. »
I.-Article L. 123-6 of the Commercial Code is amended as follows:
1° After the first paragraph, two sub-items are inserted:
"The Clerk shall transmit to the National Institute of Industrial Property, by electronic means and without charge, an original document listing the registrations made to the Registry and the documents and documents deposited therein, within a time and in accordance with the terms and conditions established by decree.
"It also transmits to it, by electronic means, without charge or delay, the results of the reprocessing of the information contained in the registrations, acts and documents mentioned in the second paragraph, in an open computer format that promotes their interoperability and reuse, within the meaning of Act No. 78-753 of 17 July 1978 bearing various measures to improve the relations between the administration and the public and various provisions of an administrative, social and fiscal order, The decree mentioned in the second paragraph of this article also specifies the modalities of this transmission, including the format of computer data. » ;
2° It is added a paragraph to read:
"By derogation from the penultimate paragraph and experimentally for a period not exceeding three years, in the overseas departments of Guadeloupe, Martinique and La Réunion, the material management of trade and corporate registers is delegated to the competent Chamber of Commerce and Industry. This management delegation operates under the conditions specified in the same paragraph. For the proper conduct of experimentation, the agreement referred to in this paragraph covers its duration. Experiments begin no later than January 1, 2016. A report is submitted, at the end of the second year, on the terms and conditions of the delegation. »
II.-After the second occurrence of the word "corporations", the end of 2° of Article L. 411-1 of the Intellectual Property Code is thus drafted: "especially on the computer database transmitted by the Registrars of the Commercial Courts, and the Official Bulletin of Civil and Commercial Adverts; ensures the dissemination of technical, commercial and financial information contained in industrial property titles; it ensures the free dissemination and provision of technical, commercial and financial information to the public for reuse, which is contained in the national register of trade and companies and in centralized legal advertising instruments, in accordance with the terms set by decree; it shall decide on applications for the registration or modification of the specifications of the geographical indications defined in Article L. 721-2; "
III.-LArticle L. 123-6 of the Commercial Code, in its writing resulting from the 1st of this article, and theArticle L. 411-1 of the Intellectual Property Code, in its writing resulting from the II of this article, are applicable to Wallis-et-Futuna.
IV.-The same sections L. 123-6 and L. 411-1, in their drafting pursuant to this section, come into force on the same date as the first order setting the rates for the benefits of the Registrars of the Commercial Courts pursuant to section 50 of this Act, and no later than the twelfth month after the promulgation of the same Act.
I.-The trade code is amended as follows:
1° Article L. 811-5 is amended as follows:
(a) At the beginning of the 5th, the words are added: "Be the holder of the Master's degree in administration and liquidation of enterprises in difficulty and meet the conditions of experience or internship set by regulation, or";
(b) The eighth preambular paragraph reads as follows:
"A decree in the Council of State sets out the conditions of competence and professional experience giving the right to a waiver of the examination of access to the professional internship, of all or part of the professional internship and of all or part of the examination of aptitude for the functions of judicial administrator. This decree also specifies the conditions of experience or internship required for registration on the list mentioned in the first paragraph of this article, in addition to the detention of the diploma mentioned in the 5th. » ;
2° Section L. 812-3 is amended as follows:
(a) At the beginning of the 5th, the words are added: "Be the holder of the Master's degree in administration and liquidation of enterprises in difficulty and meet the conditions of experience or internship set by regulation, or";
(b) The eighth preambular paragraph reads as follows:
"A decree in the Council of State sets out the conditions of competence and professional experience giving the right to a waiver of the examination of access to the professional internship, of all or part of the professional internship and of all or part of the examination of suitability for the functions of judicial agent. This decree also specifies the conditions of experience or internship required for registration on the list mentioned in the first paragraph of this article, in addition to the detention of the diploma mentioned in the 5th. »
II.-Article L. 811-5 of the Commercial Code, in its writing resulting from the I of this article, is applicable to Wallis-et-Futuna.
III.-In the conditions set out in section 38 of the Constitution, the Government is authorized to make by order, within ten months of the promulgation of this Act, the measures within the scope of the Act to create a profession of Commissioner of Justice that includes the professions of judicial officer and judicial officer, in a gradual manner, taking into account the rules of professional conduct, the incompatibility and the risks of specific occupations
IV.-Under the conditions set out in article 38 of the Constitution, the Government is authorized to make an order within six months of the promulgation of this Act, any measures within the scope of the law to improve, through the examination, the financial conditions of this measure, the recruitment of clerks of commercial courts.
Section 22 of Order No. 45-2138 of 19 September 1945 establishing the order of experts and regulating the title and profession of accountant is thus amended:
1° The seventh preambular paragraph is replaced by three sub-items:
"They can also, without being the main object of their activity:
« 1° Conduct any studies or statistical, economic, administrative, and any work and studies of an administrative or technical nature, in the social and fiscal sphere, and make their opinions in such matters to any public or private authority or agency that authorizes them;
« 2° Provide consultations, conduct any studies or legal, fiscal or social work and, in these matters, provide their advice to any public or private authority or agency that authorizes them, but only if it is a business in which they carry out accounting or reporting and administrative support duties of a permanent or usual nature or to the extent that such consultations, studies, works or notices are directly related to the accounting work of which they are responsible. » ;
2° At the penultimate paragraph, the word "three" is replaced by the word "five".
I.-After article 1 of Order No. 45-2592 of 2 November 1945 relating to the status of bailiffs, an article 1st bis AA is inserted as follows:
"Art. 1 bis AA.-The judicial officer may practise his profession either as an individual or as part of an entity with a moral personality, with the exception of legal forms that confer on their associates the quality of a merchant. The judicial officers may also form associations governed by the law of July 1, 1901 concerning the contract of association and trade unions, within the meaning of theArticle L. 2131-1 of the Labour Code.
"Where the legal form of exercise is a society, social capital and voting rights may be held by any person exercising a legal or judicial profession or by any person legally established in a Member State of the European Union, in another State Party to the Agreement on the European Economic Area or in the Swiss Confederation who exercises, in one of these States, an activity recognized as a legislative or regulatory status or subordinate to the possession of a national qualification 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.
"A society must at least understand, among its associates, a judicial officer who is eligible to perform its functions.
"At least one member of the profession of judicial officer in the company must be a member of the board of directors or the board of supervision of the society.
"In accordance with the rules of ethics applicable to each profession, a decree in the Council of State determines the conditions for the application of this article. In particular, it presents the conditions for the registration and omission of these companies to the competent professional authority. »
II.-Article 1 bis of theOrder No. 45-2590 of 2 November 1945 relating to the status of the notariat is thus drafted:
"Art. 1 bis.-The notary may practise his profession either as an individual, or as part of an entity with a legal personality, with the exception of legal forms that confer upon their associates the quality of a merchant, or as an employee of a natural or legal person holding a notarial office. It may also be a member of an economic interest group or a European economic or associated interest group of a participating corporation governed by the Part II 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.
"Where the legal form of exercise is a society, social capital and voting rights may be held by any person exercising a legal or judicial profession or by any person legally established in a Member State of the European Union, in another State Party to the Agreement on the European Economic Area or in the Swiss Confederation who exercises, in one of these States, an activity recognized as a legislative or regulatory status or subordinate to the possession of a national qualification Act No. 90-1258 of 31 December 1990.
"A company must at least understand, among its associates, a notary who is eligible to perform its duties.
"At least one member of the profession of notary in the corporation must be a member of the board of directors or the board of supervision of the corporation.
"In accordance with the rules of ethics applicable to each profession, a decree in the Council of State determines the conditions for the application of this article. In particular, it presents the conditions for the registration and omission of these companies to the competent professional authority. »
III.-After article 1 of Order No. 45-2593 of 2 November 1945 relating to the status of commissioners, an article 1st bis is inserted as follows:
"Art. 1 bis.-The Commissioner-President of the Judiciary may practise his profession either individually or as part of an entity with a legal personality, with the exception of legal forms that confer on their associates the quality of a merchant.
"Where the legal form of exercise is a society, social capital and voting rights may be held by any person exercising a legal or judicial profession or by any person legally established in a Member State of the European Union, in another State party to the agreement on the European Economic Area or in the Swiss Confederation who exercises, in any of these States, an activity recognized as a legislative or regulatory status or subordinate to the possession of a national qualification 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.
"A company must at least understand, among its associates, a judicial commissioner who is eligible to perform its duties.
"At least one member of the profession of a judicial commissioner in the company must be a member of the board of directors or the board of supervision of the corporation.
"In accordance with the rules of ethics applicable to each profession, a decree in the Council of State determines the conditions for the application of this article. In particular, it presents the conditions for the registration and omission of these companies to the competent professional authority. »
IV.-Act No. 71-1130 of 31 December 1971 on the reform of certain legal and judicial professions is thus amended:
1° The first sentence of the first paragraph of Article 7 is as follows:
"The lawyer may practise his profession either individually or in an association whose responsibility the members may be, under conditions defined by decree, limited to the members of the association who have performed the professional act in question, or within entities with a legal personality, with the exception of the legal forms that confer on their associates the quality of a trader, either as an employee or as a liberal partner of a lawyer or a lawyer » ;
2° After the first paragraph of Article 8, three paragraphs are inserted:
"Without prejudice to the first paragraph, where the legal form of exercise is a corporation, the social capital and the voting rights may be held by any person exercising a legal or judicial profession or by any person legally established in a Member State of the European Union, in another State Party to the Agreement on the European Economic Area or in the Swiss Confederation that exercises, in any of these States, an activity subject to a legislative or regulatory status or subordinate to
"A company must at least understand, among its associates, a lawyer eligible to perform its duties.
"At least one member of the corporation's legal profession must be a member of the board of directors or supervisory board of the corporation. » ;
3° Section 87 is amended as follows:
(a) The 1° to 3° are thus written:
« 1° That social capital and voting rights be held by persons exercising a legal or judicial profession or by persons legally established in a Member State of the European Union, in another State Party to the Agreement on the European Economic Area or in the Swiss Confederation who exercise, in any of these States, an activity subject to legislative or regulatory status or subordinate to the possession of a recognized national or international qualification, and exercising any of the said profession;
« 2° That the board of directors or supervisory board shall include at least one member exercising the profession of a lawyer, under the title of a lawyer or under one of the titles on the list provided for in the same section 83, within or on behalf of the group;
« 3° That the use of the name of the group be reserved only to members of the professions exercising in or on behalf of the group under the title of a lawyer or under one of the titles on the list provided for in the same section 83. » ;
(b) The 4th is repealed;
(c) At the first sentence of the penultimate paragraph, the reference: "4°" is replaced by the reference: "3°";
(d) After the word: "multiple", the end of the last paragraph is thus written: "legal or legal professions. »
V.-In accordance with the rules of ethics applicable to the legal profession, a decree in the Council of State determines the conditions for the application of the IV.
VI.-After article 3-1 of the order of September 10, 1817, which brings together, under the name of the Order of Lawyers to the Council of State and the Court of Cassation, the order of lawyers to the Councils and the College of Lawyers to the Court of Cassation, irrevocably fixes the number of the holders, and contains provisions for the internal discipline of the Order, an article 3-2 is inserted as follows:
"Art. 3-2.-A lawyer to the Council of State and the Court of Cassation may practise his profession either as an individual or as part of an entity with a legal personality, with the exception of legal forms that confer on their associates the quality of trade.
"Where the legal form of exercise is a society, social capital and voting rights may be held by any person exercising a legal or judicial profession or by any person legally established in a Member State of the European Union, in another State Party to the Agreement on the European Economic Area or in the Swiss Confederation who exercises, in one of these States, an activity recognized as a legislative or regulatory status or subordinate to the possession of a national qualification 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.
"A society must at least understand, among its associates, a lawyer in the Council of State and the Court of Cassation fulfilling the conditions required to perform its functions.
"At least one member of the legal profession in the Council of State and the Court of Cassation in the society must be a member of the board of directors or the board of supervision of the society.
"In accordance with the rules of ethics applicable to each profession, a decree in the Council of State determines the conditions for the application of this article. In particular, it presents the conditions for the registration and omission of these companies to the competent professional authority. »
VII.-The trade code is amended as follows:
1° Article L. 811-7 is as follows:
"Art. L. 811-7.-Judicial administrators may, for the common exercise of their profession, constitute entities with moral personality, with the exception of legal forms that confer on their associates the quality of merchant. They may also be members of a group of economic interest or a European group of economic interest or associates of a partnership governed by Title IV 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.
"Where the legal form of exercise is a society, social capital and voting rights may be held by any person exercising a legal or judicial profession or by any person legally established in a Member State of the European Union, in another State Party to the Agreement on the European Economic Area or in the Swiss Confederation who exercises, in one of these States, an activity recognized as a legislative or regulatory status or subordinate to the possession of a national qualification Act No. 90-1258 of 31 December 1990.
"A corporation must at least include, among its associates, a judicial administrator who is eligible to perform its functions.
"At least one member of the profession of judicial administrator in the corporation must be a member of the board of directors or the board of supervision of the corporation.
"In accordance with the rules of ethics applicable to each profession, a decree in the Council of State determines the conditions for the application of this article. In particular, it presents the conditions for the registration and omission of these companies to the competent professional authority. » ;
2° Article L. 812-5 is as follows:
"Art. L. 812-5.-Judicial agents may, for the common exercise of their profession, constitute entities with legal personality, with the exception of legal forms that confer on their associates the quality of trade. They may also be members of a group of economic interest or a European group of economic interest or associates of a partnership governed by Title IV 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.
"Where the legal form of exercise is a society, social capital and voting rights may be held by any person exercising a legal or judicial profession or by any person legally established in a Member State of the European Union, in another State Party to the Agreement on the European Economic Area or in the Swiss Confederation who exercises, in one of these States, an activity recognized as a legislative or regulatory status or subordinate to the possession of a national qualification Act No. 90-1258 of 31 December 1990.
"A society must at least include, among its associates, a judicial agent who is eligible to perform its functions.
"At least one member of the legal profession in the society must be a member of the board of directors or the board of supervision of the society.
"In accordance with the rules of ethics applicable to each profession, a decree in the Council of State determines the conditions for the application of this article. In particular, it presents the conditions for the registration and omission of these companies to the competent professional authority. »
VIII.-After the word "means", the end of the 4th of articles L. 1242-2 and L. 1251-6 of the Labour Code is thus written: "a liberal exercise society or any other legal person exercising a liberal profession; "
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order within ten months of the promulgation of this Act to:
1° Allow the designation, as usual, of judicial bailiffs and judicial commissioners as liquidator in the context of the judicial liquidation procedures set out in Book VI of the Commercial Code, or as assistant to the judge committed in the context of the professional recovery procedures set out in the same title IV, when these procedures are open against debtors not employing any employee and making an annual revenue
2° Determine the terms and conditions for the remuneration of the functions referred to in 1° and for the application of the provisions of Book VIII of the Commercial Code to judicial officers and commissioners, who exercise the provisions of Book VIII of the Commercial Code relating to the discipline, control and accounting of judicial agents, as well as those relating to the representation of funds.
Under the conditions provided for in article 38 of the Constitution, the Government is authorized to make orders, within eight months of the promulgation of this Act, for the following measures:
1° Modernizing the conditions for the exercise of the accounting profession by transposing the provisions of Directive 2013/55/EU of the European Parliament and the Council of 20 November 2013, amending Directive 2005/36/EC on recognition of professional qualifications and Regulation (EU) No 1024/2012 concerning administrative cooperation through the information system of the internal market ("IMI Regulation") in theOrder No. 45-2138 of 19 September 1945 institutionalizing the order of the experts-accounts and regulating the title and profession of an expert accountant;
2° Facilitate the creation of companies for the joint exercise of several of the professions of lawyers, lawyers to the Council of State and the Court of Cassation, judicial commissioner, judicial officer, notary, judicial administrator, judicial agent, industrial property council and accountant:
(a) In which the totality of capital and voting rights is held, directly or indirectly, by persons exercising one of the professions exercised in common within the said society or by persons legally established in a Member State of the European Union, in another State Party to the Agreement on the European Economic Area or in the Swiss Confederation which exercise as a recognized professional, in one of these States, an activity subject to a legislative or national qualification
(b) Who can only practise a profession if one of their associates meets the requirements for the profession;
(c) By preserving the ethical principles applicable to each profession;
(d) Taking into consideration the incompatibility and risks of conflicts of interest specific to each profession;
(e) By maintaining the integrity of the duties of professionals related to the status of a public and ministerial officer in the performance of their duties;
(f) By ensuring the representation of at least one member, who is in the business of society, of each profession exercised by the company within the board of directors or the board of supervision of the society.
I.-The first paragraph of section L. 612-2 of the Internal Security Code is supplemented by the words: ", with the exception of carriage, by persons carrying the activity referred to in paragraph 2 of section L. 611-1, subject to the conditions set out in sections L. 613-8 to L. 613-11, of any property, object or value".
II.-After the 4th of article L. 645-1 of the same code, it is inserted a 4° bis as follows:
"4° bis In the first paragraph of section L. 612-2, the references: "L. 613-8 to L. 613-11" are replaced by the references: "L. 613-8, L. 613-9 and L. 613-11"; "
III.-After the 5th of Article L. 646-1 of the same code, it is inserted a 5° bis as follows:
“5° bis In the first paragraph of Article L. 612-2, the reference: “to L. 613-11” is replaced by the reference: “and L. 613-9”; "
IV.-After the 4th of article L. 647-1 of the same code, it is inserted a 4° bis as follows:
"4° bis In the first paragraph of Article L. 612-2, the reference: "to L. 613-11" is replaced by the reference: " and L. 613-9"; "
V.-This article is applicable in French Polynesia, New Caledonia and the Wallis and Futuna Islands.
I.-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 thus amended:
1° Article 3 is supplemented by a paragraph to read:
"Once a year, the company addresses the professional order of which it reports a state of the composition of its social capital. » ;
2° Section 5 is amended as follows:
(a) The first two sub-items are replaced by three sub-items:
"I.-Subject to Article 6:
"A.-More than half of the social capital and voting rights must be held, directly or through the companies mentioned in the 4th B of this I, by professionals in practice within the society;
"B.-The supplement may be held by:"
(b) After 5°, it is inserted a 6° as follows:
« 6° Any natural or legal person legally established in another Member State of the European Union or a party to the Agreement on the European Economic Area or in the Swiss Confederation which carries on, in any of these States, an activity subject to a legislative or regulatory statute or subordinate to the possession of a recognized national or international qualification and whose exercise constitutes the social object of the society and, if it is an indirectly legal person, that meets, »
(c) The beginning of the eighth preambular paragraph reads as follows: "For the health professions, the number of companies formed for the exercise of the same profession, in which the same natural or legal person as mentioned in 1° and 5° of B is authorized ... (the remainder without change). » ;
(d) At the beginning of the penultimate paragraph, the mention is added: "II.-";
(e) The beginning of the last paragraph is as follows: "III.-When, at the expiry of the five-year period provided for in the 3rd B of I, the persons entitled ... (the remainder without change). » ;
3° Article 5-1 is repealed;
4° Article 6 reads as follows:
"Art. 6.-I.-By derogation from Article 5 A:
« 1° Except for companies whose purpose is the exercise of a health profession, more than half of the capital and voting rights of the liberal exercise companies may also be held by persons, established in France or mentioned in the 6th B of Article 5, exercising the profession constituting the social object of the society or by companies of financial participation of liberal professions under the conditions set out in II of this section and in title IV of this article;
« 2° For societies with the purpose of exercising a health profession, more than half of the social capital of liberal corporations may also be held by persons exercising the profession constituting the social object or by companies of financial participation of liberal professions under the conditions set out in II of this section and under IV of this Act;
« 3° For companies whose purpose is to exercise a legal or judicial profession, more than half of the capital and voting rights may also be held by persons, established in France or mentioned in the 6th B of Article 5, exercising any of the legal or judicial professions.
"This society must at least understand, among its associates, a person exercising the profession constituting the social object of society.
"II.-The majority of the capital or voting rights of the liberal exercise society cannot be held:
« 1° Subject to the III of Article 31-1, by a corporation of financial participation governed by that same article only on the condition that the majority of the capital and voting rights of that corporation be held by persons exercising the same profession as that exercised by the companies subject to the possession of the shares or shares;
« 2° Subject to the III of Article 31-2, by a company of financial participations governed by that same article, that provided that the majority of the capital and voting rights of the company of financial participations shall be held by professionals exercising the same profession as that constituting the social object of the liberal exercise society.
"III.-By derogation from Article 5, B:
« 1° Decrees in the Council of State may provide, in the light of the necessities of each profession, that a person other than that mentioned in the same Article 5 may hold a share of the capital or voting rights, less than half of it, of companies incorporated in the form of limited liability companies, of liberal exercise companies by simplified shares or of liberal exercise companies with an anonymous form. However, for those of these societies whose purpose is to exercise a health profession, the share of capital that can be held by any person cannot exceed one-quarter of the health profession;
« 2° The statutes of a share-sponsored liberal accrual corporation may provide that the quotity of capital held by persons other than those referred to in Article 5 may be greater than one-quarter, while remaining less than half of that capital.
"IV.-Acknowledging the specific needs of each profession and to the extent necessary for the proper exercise of the profession concerned, respect for the independence of its members or its own ethical rules, decrees in the Council of State may:
« 1° Ecart l'application des 1° et 2° du I du présent article ;
« 2° For the health professions, limit the number of liberal practice companies formed for the exercise of this profession in which a same person exercising this profession or a same company of financial participations of liberal professions may hold direct or indirect participations;
« 3° Restrict the number of formed business corporations for the exercise of the same profession in which the same person mentioned in the 1st of the III may hold direct or indirect participations;
« 4° Prohibit the direct or indirect detention of shares or shares representing all or part of the social capital not held by persons mentioned in the A of I of Article 5 or at the 1° to 4° and 6° of the B of the same I, to categories of natural or legal persons determined, where such detention would be in a manner that would jeopardize the exercise of the professions concerned in respect of the independence of their members and their own ethical rules.
"V.-Les III et IV are not applicable to legal or judicial professions. » ;
5° The first paragraph of Article 7 is deleted;
6° Section 8 is supplemented by a paragraph to read:
"The second, third and fourth paragraphs of this article are not applicable to the cases referred to in 1 and 3 of Article 6. » ;
7° Section 10 is amended as follows:
(a) In the first sentence of the fourth paragraph, the words: "legislative or statutory" are replaced by the words: "as provided for in the statutes or by a legislative provision other than the last paragraph of this section";
(b) The last paragraph is as follows:
"The third to penultimate paragraphs of this article shall not apply to the cases referred to in 1 and 3 of Article 6. » ;
8° Article 11 is repealed;
9° Section 12 is supplemented by two sub-items as follows:
"When applying the possibility referred to in 1° of Article 6, the first paragraph of this Article shall not apply.
"When applying the possibility referred to in 3° of the same I, the first paragraph of this article is not applicable. However, the Board of Directors or the Supervisory Board of the corporation must include at least one member, in practice within the corporation, of the profession constituting the social object of the corporation. » ;
10° Article 13 is supplemented by two paragraphs as follows:
"When applying the possibility referred to in 1° of Article 6, the first paragraph of this Article shall not apply.
"When applying the possibility referred to in 3° of the same I, the first paragraph of this section is not applicable and at least one partner is to be a natural person who regularly practises his profession in society. » ;
11° Section 31-1 is amended as follows:
(a) The first paragraph is amended to read:
- at the beginning, the mention is added: "I.-";
-in the first sentence, after the word "protected", are inserted the words: "or persons mentioned in the 6th B of Article 5" and the words: "one" are replaced by the words "of this";
-in the second sentence, the words: "having ancillary activities in direct relation to their object and purpose" are replaced by the words: "to exercise any other activity subject to being intended";
(b) At the beginning of the third paragraph, the words “II.-” are added;
(c) In the first sentence of the fourth paragraph, after the reference: "5°", the reference is inserted: "B of the I";
(d) After the same fourth preambular paragraph, four sub-items are inserted:
"Managers, the president, the leaders, the chair of the board of directors, the board of directors, the president of the board of supervision and the directors general, as well as at least two thirds of the board of directors or the board of supervision of the simplified share corporation, shall be selected from the persons mentioned in the first paragraph of the II.
"III.-By derogation from I and II of this article, the corporation of financial participations may also have the purpose of holding shares or shares of corporations referred to in the first paragraph of Article 1 or falling under Book II of the Commercial Code where such companies are to exercise the same legal or judicial profession. The social capital and voting rights of this financial participation corporation may be held by any person exercising a legal or judicial profession or by any person mentioned in the 6th B of Article 5 exercising any of these professions.
"A share of capital and voting rights, remaining less than half, can also be held by persons mentioned in the 2nd and 3rd of the same B.
"Company supervisory bodies must include at least one person who practises the same profession as that exercised by companies that are held in shares or shares. » ;
(e) The fifth paragraph is amended to read:
- at the beginning, the mention is added: "IV.-";
-the words added: "or, in the case referred to in III, of the social object exercised by the companies subject to the possession of shares or shares";
(f) The sixth preambular paragraph is deleted;
(g) The penultimate paragraph is supplemented by a sentence as follows:
"Once a year, the financial equity company addresses the professional order of which it reports a state of the composition of its social capital. » ;
(h) The last paragraph is deleted;
12° Section 31-2 is amended as follows:
(a) The first paragraph is amended to read:
- at the beginning, the mention is added: "I.-";
-is added a sentence as follows:
"A person referred to in 6° of B of Article 5 of the I shall be regarded as exercising one of these professions for the purposes of this article and exercising any of the professions. » ;
(b) The first sentence of the second subparagraph reads as follows:
"II.-Subject to Article III, more than half of the capital and voting rights shall be held by persons exercising the same or the same professions as those exercised by the participating companies, and, where at least one of the companies involved in a voting exercise a legal or judicial profession, by any other person entitled to hold the majority of the social capital and voting rights. » ;
(c) After the 5th it is inserted a III as follows:
"III.-Where the purpose of the corporation is to hold shares or shares of companies whose purpose is to exercise two or more of the legal or judicial professions, the social capital and voting rights may be held by any person, established in France or referred to in the 6th B of Article 5, exercising one or more of the legal or judicial professions.
"A share of capital and voting rights, remaining less than half, may also be held by persons mentioned in 1° to 5° of II of this article. » ;
(d) At the beginning of the eighth preambular paragraph, the words “IV.-” were added;
(e) After the words: "among the", the end of the penultimate paragraph is thus written: "people exercising the same professions as those exercised by the companies subject to the detention of the shares or shares and, where at least one of the companies subject to a decision-making exercise a legal or judicial profession, by any other person entitled to hold the majority of the social capital and voting rights of that corporation. » ;
(f) The second sentence of the last paragraph is deleted;
13° Article 34 reads as follows:
"Art. 34.-I.-The corporations incorporated prior to the coming into force of the decrees 1 to the second and third paragraphs of Article 5-1, in its writing before the Act No. 2015-990 of 6 August 2015 for economic growth, activity and equality of opportunity and Article 6 III and IV, in its drafting resulting from the same law, are in conformity with these decrees, within two years of the coming into force of the said decrees.
"II.-A the expiry of this period, if one or more partners failing to meet the conditions set by these decrees have not sold the shares or shares they hold, the corporation may, notwithstanding their opposition, decide to reduce its capital from the amount of the nominal value of the shares or shares of them and to redeem them at a fixed price, unless agreed between the parties, under the conditions set out in theArticle 1843-4 of the Civil Code. If not, any interested person may apply to justice for the dissolution of the society. The court may grant the company a maximum period of six months to regulate the situation. Dissolution cannot be pronounced if, on the day it is decided on the merits, this regularization took place. »
II.-A the last sentence of the third paragraph of Article L. 5125-7 of the Public Health Code, after the reference: "4°", is inserted the reference: "B of the I".
III.-Article L. 6223-8 of the same code is amended as follows:
1° In I, the reference: "first paragraph of Article 5-1" is replaced by the reference: "2° of Article 6";
2° II is thus amended:
(a) In the first paragraph, the reference: "at Article 5-1" is replaced by the reference: "at 2° of Article 6";
(b) The last sentence of the second paragraph is amended as follows:
- after the word: "application", is inserted the reference: "of the III";
- after the word: "conditions", the end is thus written: "From the A of Article 5 of the same law or from the 1st and 5th of the B of the same I."
Act No. 77-2 of 3 January 1977 on architecture is amended as follows:
1° Section 13 is amended as follows:
(a) 2° is thus written:
« 2° More than half of social capital and voting rights must be held by:
“(a) One or more physical architects or one or more natural persons established in another Member State of the European Union or a party to the agreement on the European Economic Area and legally exercising the profession of architect under the conditions defined in 1° to 4° of Article 10 or Article 10-1;
“(b) Architecture societies or legal entities established in another EU Member State or a party to the European Economic Area Agreement, of which more than half of the capital and voting rights are held by qualified persons, as defined in Articles 10 or 10-1, and legally exercising the profession of architect; »
(b) At 5°, the reference: "at first sentence" is replaced by the reference: "at";
2° After Article 13, an article 13-1 is inserted as follows:
"Art. 13-1.-I.-The legal persons referred to in the b of the 2nd of Article 13 who comply with the rules provided for in the same Article may open branches that are not provided with moral personality.
"II.-The opening of a branch is subject to the registration on a register held by the regional council of the order of architects.
"III.-The architectural profession exercised by branches is subject to the legislative and regulatory provisions relating to the architectural profession. » ;
3° In the second sentence of the last paragraph of Article 22, after the words: "Regional table" are inserted the words "and by the branches registered in the register".
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
Article L. 101-1 of the Construction and Housing Code is supplemented by a 6° as follows:
« 6° Data on the processing of transfer requests and on residential routes of tenants of social housing. »
After the I of Article 5 of Act No. 2010-238 of 9 March 2010 To make the installation of smoke detectors mandatory in all places of residence, an Ibi is inserted as follows:
"I bis.- Owners who have signed a detector purchase contract no later than March 8, 2015 are deemed to meet the requirement under theArticle L. 129-8 of the Construction and Housing Code, provided that the smoke detector is installed before January 1, 2016. »
I.- Chapter I of the preliminary title of Book III of the Construction and Housing Code is thus amended:
1° In the first paragraph of Article L. 301-3, after the words: "lease-accession" are inserted the words: ", from those in favour of intermediate dwellings defined in Article L. 302-16, from those in favour of dwellings under an agreement referred to in Article L. 321-4";
2° Section L. 301-5-1 is amended as follows:
(a) At the 1st of the IV, the word "and" is replaced by the words ", to intermediate housing and to rental-accession as well as";
(b) The first sentence of the second paragraph of the VI is supplemented by the words: ", as well as the conditions for granting aid to intermediate housing and rental-accession";
3° After the first sentence of the third paragraph of Article L. 301-5-2, a sentence is inserted as follows:
"It sets out the conditions for granting aids to intermediate housing and rental-accession, as well as the conditions for signing the conventions referred to in Article L. 321-4. »
II.-At 1° of the I of Article L. 3641-5, at 1° of the II of Article L. 5217-2 and at 1° of the VI of Article L. 5219-1 of the General Code of Territorial Communities, after the word "social" are inserted the words ", to intermediate housing and in favor of rental-accession".
III.-Conventions concluded under articles L. 301-5-1 and L. 301-5-2 the construction and housing code, in their drafting prior to the promulgation of this Act, may be subject to an amendment to take into account the same articles L. 301-5-1 and L. 301-5-2, in their drafting resulting from this Act.
The building and housing code is thus modified:
1° At the beginning of the first paragraph of Article L. 302-16, the words: "In communes belonging to an urbanization zone continues to be more than 50,000 inhabitants as defined in theArticle 232 of the General Tax Code as well as in the communes of more than 15,000 inhabitants with high population growth defined by decree taken under the seventh paragraph of Article L. 302-5 of this Code, "are deleted;
2° In the first paragraph of Article L. 254-1, the words "in the perimeter mentioned in Article L. 302-16" are deleted;
3° At the end of the third sentence of the sixth paragraph of Article L. 302-1, the words: "in the sectors referred to in Article L. 302-16, the supply of intermediate dwellings defined in this article" are replaced by the words: "the supply of intermediate dwellings defined in Article L. 302-16";
4° In the twenty-second paragraph of Article L. 421-1, the words: ", in communes belonging to an urbanization zone, more than 50,000 inhabitants as defined in theArticle 232 of the General Tax Code as well as in the communes of more than 15,000 inhabitants with high population growth defined by decree taken under the seventh paragraph of Article L. 302-5 of this Code, "are deleted;
5° In the thirty-sixth preambular paragraph of Article L. 422-2 and the forty-first preambular paragraph of Article L. 422-3, the words: ", in communes belonging to an urbanization zone, more than 50,000 inhabitants as defined in theArticle 232 of the General Tax Code as well as in the communes of more than 15,000 inhabitants with high population growth defined by decree implemented in accordance with 7th paragraph of Article L. 302-5 of the Construction and Housing Code,” are deleted.
The same code is amended:
1° In the second sentence of the seventh paragraph of Article L. 411-2, after the word "general" are inserted the words: ", until January 1, 2020",
2° After the 17th of the article L. 421-1, it is inserted an 18th grade as follows:
« 18° To construct and acquire, within 10% of the social rental housing referred to in Article L. 302-5 held by the organization, rental housing units whose rent does not exceed the ceilings mentioned in Book III IX and intended to be occupied by natural persons whose resources do not exceed the ceilings mentioned in Title IX. They can also improve, allocate, manage and dispose of such accommodations. » ;
3° After the thirty-fifth preambular paragraph of Article L. 422-2 and the fortieth preambular paragraph of Article L. 422-3, a sub-item reads as follows:
"They may also build and acquire, within 10% of the social rental housing referred to in Article L. 302-5 held by the organization, rental housing units whose rent does not exceed the ceilings mentioned in Book III IX and intended to be occupied by natural persons whose resources do not exceed the ceilings mentioned in Title IX. They can also improve, allocate, manage and dispose of such housing. »
I. - Section L. 421-1 of the Construction and Housing Code is amended as follows:
1° In the twenty-second paragraph, the words "to build and manage" are replaced by the words "to build, acquire and manage";
2° After the twenty-fifth preambular paragraph, a sub-item reads as follows:
"These subsidiaries may also acquire commercial, professional or residential premises, with the exception of social rental housing as defined in section L. 302-5, for their transformation into intermediate rental housing that meets the conditions set out in the three preceding paragraphs and be entrusted with the management of intermediate rental housing or to entrust the management of intermediate rental housing to another legal entity, through a mandate » ;
3° Before the last preambular paragraph, a subparagraph shall read:
"Public Habitat Boards may also participate in companies with the same purpose as the intermediate rental affiliates defined in the twenty-fourth to twenty-sixth paragraphs of this section, where such participation allows them, together with other organizations referred to in Article L. 411-2 of this Code, to exercise joint control over that corporation under the conditions referred to in theArticle L. 233-3 of the Commercial Code. These companies are subject to the same rules as the subsidiaries mentioned above. »
II. - Article L. 422-2 of the same code is amended as follows:
1° In the thirty-sixth paragraph, the words "to build and manage" are replaced by the words "to build, acquire and manage";
2° After the thirty-ninth preambular paragraph, a sub-item reads as follows:
"These subsidiaries may also acquire commercial, professional or residential premises, with the exception of social rental housing as defined in section L. 302-5, for their transformation into intermediate rental housing that meets the conditions set out in the three preceding paragraphs and be entrusted with the management of intermediate rental housing or to entrust the management of intermediate rental housing to another legal entity, through a mandate » ;
3° After the fortieth preambular paragraph, a sub-item is inserted as follows:
"Anonymous housing companies with moderate rent may also participate in companies with the same purpose as the intermediary rental affiliates defined in the thirty-eighth to fourteenth paragraphs of this section, where such participation allows them, together with other organizations referred to in Article L. 411-2 of this Code, to exercise joint control over this corporation under the conditions mentioned in theArticle L. 233-3 of the Commercial Code. These companies are subject to the same rules as the subsidiaries mentioned above. »
III. - Article L. 422-3 of the same code is amended as follows:
1° In the forty-first paragraph, the words "to build and manage" are replaced by the words "to build, acquire and manage";
2° After the forty-fourth preambular paragraph, a sub-item reads as follows:
"These subsidiaries may also acquire commercial, professional or residential premises, with the exception of social rental housing as defined in section L. 302-5, for their transformation into intermediate rental housing that meets the conditions set out in the three preceding paragraphs and be entrusted with the management of intermediate rental housing or to entrust the management of intermediate rental housing to another legal entity, through a mandate » ;
3° Before the last preambular paragraph, a subparagraph shall read:
"Anonymized cooperative housing companies with moderate rent can also participate in companies with the same purpose as the intermediate rental subsidiaries defined in the forty-third to forty-fifth paragraphs of this section, where such participation allows them, together with other organizations referred to in Article L. 411-2 of this Code, to exercise joint control over this corporation under the conditions mentioned in theArticle L. 233-3 of the Commercial Code. These companies are subject to the same rules as the subsidiaries mentioned above. »
The same code is amended:
1° The twenty-eighth paragraph of Article L. 421-1 is deleted;
2° The forty-second paragraph of Article L. 422-2 is deleted;
3° The forty-seventh paragraph of Article L. 422-3 is deleted.
I.-Order No. 2014-159 of 20 February 2014 on intermediate housing is ratified.
II.-A the first sentence of Article L. 254-8 of the Construction and Housing Code, after the word "contracts", are inserted the words: "real property lease".
I.-After Article L. 421-12-1 of the Construction and Housing Code, an article L. 421-12-2 is inserted as follows:
"Art. L. 421-12-2.-The Office and the Director General may, by agreement, decide on the terms of the breach of the contract that binds them. The President and the Director General agree with the terms of the agreement at a pre-disruptive interview, in which each person may be assisted by the person of his or her choice. The rupture agreement defines the amount of the rupture allowance. This provision is not applicable to employees who are seconded in the employment of Director General.
"The conditions for the application of this section, including the definition of the terms and conditions for calculating the termination allowance, are specified by regulation. »
II.-Aux articles L. 5421-1 and L. 5422-1 of the Labour Code, after the word "the following", are inserted the words: "of this code or to article L. 421-12-2 of the Construction and Housing Code".
I.-Le titre II du livre Ier du code de l'urbanisme est ainsi modifié :
1° In the last paragraph of Article L. 123-1-11, in the first paragraph of Article L. 123-13-2, in the first sentence of Article L. 123-13-3 and Article L. 128-3, after the reference: "L. 127-1", is inserted the reference: ", L. 127-2";
2° Chapter VII is supplemented by article L. 127-2 as re-established:
"Art. L. 127-2.-The Regulations may delineate areas within which the realization of housing programs with intermediate dwellings defined in theArticle L. 302-16 of the Construction and Housing Code, benefits from a majoration of the building volume resulting from the rules relating to the gauge, height and right-of-way on the ground. This increase, fixed for each sector, cannot exceed 30%. For each operation, it cannot exceed the ratio between the number of intermediate dwellings and the total number of accommodations in the operation.
"This increase does not apply to the dwellings mentioned in thearticle 199 Novovicies of the General Tax Code.
"The portion of the overtaking construction is not subject to the payment resulting from the overtaking of the legal density ceiling. »
II.-In the fore-last paragraph of Article L. 302-1 of the Construction and Housing Code, the reference: "of section L. 127-1" is replaced by the references: "of articles L. 127-1 and L. 127-2".
III.-In the first paragraph of section 13, paragraph I, of Act No. 2014-1545 of 20 December 2014 on the simplification of business life and on various provisions for the simplification and clarification of law and administrative procedures, after the reference: "L. 111-1-1 of the urban planning code", the references are inserted: ", in the sixth and seventh paragraphs of Article L. 123-1-1 of the same code".
The last paragraph of Article L. 123-1-5 of the urban planning code is thus written:
"In agricultural or natural areas and outside the areas mentioned in this 6°, existing housing buildings may be extended or annexed, provided that these extensions or annexes do not compromise the agricultural activity or the landscape quality of the site. The regulations specify the location area and the height, right-of-way and density conditions of these extensions or annexes to ensure their integration into the environment and their compatibility with the maintenance of the natural, agricultural or forest character of the area. The provisions of the regulations set out in this paragraph shall be submitted to the opinion of the departmental commission for the preservation of natural, agricultural and forestry spaces provided for in theArticle L. 112-1-1 of the Rural and Maritime Fisheries Code. »
After Article L. 631-7-1 A of the Construction and Housing Code, an article L. 631-7-1 B is inserted as follows:
"Art. L. 631-7-1 B. - A deliberation of the municipal council may define a pre-reporting regime to temporarily affect the housing of premises for use other than housing for a period not exceeding fifteen years.
"If the commune is a member of a public institution of competent inter-communal cooperation in the area of local planning, deliberation is taken by the deliberative body of this institution.
"Up to the expiry of the period referred to in the first paragraph, premises may, by derogation from Article L. 631-7, regain their prior use.
"In the event of the rental of a premises temporarily assigned to the dwelling under this section, the contract must state the temporary nature of that assignment. Subject to this reservation, the return of premises to their prior use is a legitimate and serious reason, within the meaning ofArticle 15 of Act No. 89-462 of 6 July 1989 to improve rental reports and to amend Act No. 86-1290 of 23 December 1986. It is not an event within the meaning of section 11 of the Act. »
I. Act No. 89-462 of 6 July 1989 to improve rental reports and amend Act No. 86-1290 of 23 December 1986 is amended to:
1° At 8th of Article 3, the words "paid by the" are replaced by the words "applied to";
2° In the first sentence of the fourth paragraph of Article 3-2, after the word: "Places" are inserted the words: "entrance";
3° Section 8-1 is amended as follows:
(a) I is supplemented by the words: ", with the exception of the lease granted exclusively to spouses or partners bound by a civil solidarity pact at the time of the initial conclusion of the contract";
(b) The VI is thus amended:
- in the second sentence of the first paragraph, the words: "the solidarity of the outgoing roommate is extinguished" are replaced by the words: "they are extinguished";
- in the second paragraph, the words: "the leave" are replaced by the words: "the extinction of solidarity";
4° Article 11-2 reads as follows:
"Art. 11-2. - When a building for residential use or for mixed use of dwelling and professional use of five or more dwellings, located in one of the areas referred to in I of Article 17, is co-ownership:
« 1° Ongoing leases whose term is less than three years after the date of co-ownership are extended in full law for a period of three years;
« 2° Other leases in progress are extended for a period of time allowing the tenant to occupy the accommodation for a period of six years from the condominium. » ;
5° The last sentence of the first paragraph I of Article 15 is replaced by four subparagraphs as follows:
"If an occupied property is acquired:
" - when the term of the current lease contract comes more than three years after the date of acquisition, the lessor may give leave to his tenant to sell the dwelling at the end of the current lease contract;
" - where the term of the current lease contract is less than three years after the date of acquisition, the lessor may not give leave to the lessee to sell the dwelling only at the end of the first tacit renewal or the first renewal of the current lease contract;
" - where the term of the current contract is less than two years after the acquisition, the resuming leave given by the lessor at the end of the current lease contract shall only take effect upon the expiration of two years from the date of acquisition. » ;
6° The III of Article 15 is thus amended:
(a) The first paragraph is supplemented by a sentence as follows:
"This paragraph is also applicable where the tenant is responsible for a person over the age of sixty-five who is usually living in the dwelling and who meets the above-mentioned resource requirement and the cumulative amount of the annual resources of all persons living in the home is below the resource ceiling determined by the above-mentioned Order. » ;
(b) In the last paragraph, after the word "rent", the words are inserted: ", from the person in charge";
7° In the second sentence of Article 24, after the word: "applications", the words "additional and" are inserted;
8° In the second paragraph of Article 25-3, after the reference: "1st", the reference is inserted: "3",
9° Section 25-8 is amended as follows:
(a) The seventh paragraph of I is amended as follows:
- the first sentence is supplemented by the words: "or hand-held against receipt or demarcation";
- the second sentence is supplemented by the words: "or clean handover";
(b) The second sentence of the first paragraph of the second sentence is as follows:
"This paragraph is also applicable where the tenant is responsible for a person over the age of sixty-five who is usually living in the dwelling and who meets the above-mentioned resource requirement and the cumulative amount of the annual resources of all persons living in the home is below the resource ceiling determined by the above-mentioned Order. » ;
(c) In the second sentence of the second paragraph of the III, the word "debtedness" is replaced by the word "receivable";
10° Section 25-9 is amended as follows:
(a) The last paragraph of I is supplemented by two sentences as follows:
"For the purposes of section 17-2, the increase in rent agreed between the parties or fixed by law applies to the renewed contract. However, if the increase is more than 10%, it applies to the renewed contract by an annual third party and subsequent renewals. » ;
(b) In II, after the word: "The", is inserted the reference: "I of";
11° In the last paragraph of the I, in the penultimate paragraph of the III, in the V and in the second sentence of the first paragraph of Article 40, the words "nine to nineteenth" are replaced by the words "thirteenth to twenty-third".
II. - Until their tacit renewal or renewal, the lease contracts mentioned in the second paragraph of Article 2 and first paragraph of section 25-3 of Act No. 89-462 of 6 July 1989 to improve rental reports and to amend Law No. 86-1290 of 23 December 1986 at the date of publication of this Act shall remain subject to the provisions applicable to them.
However:
1° Article 22 and Article 24, in its writing resulting from this article, of Act No. 89-462 of 6 July 1989 referred to above they are applicable;
2° Section 7-1 of the Act is applicable under the conditions set out inArticle 2222 of the Civil Code ;
3° Articles 1724, 1751 and 1751-1 of the same code apply to them;
4° Article 11-2 of Act No. 89-642 of 6 July 1989 referred to above, in its drafting under this section, shall apply to them;
5° Article 15 of the same law, in its drafting resulting from this section, is applicable to the lease contracts referred to in the second paragraph of Article 2 of that Act;
6° Section 25-8 of the Act, in its drafting under this section, is applicable to the lease agreements referred to in the first paragraph of section 25-3 of that Act.
From the date of effect of their renewal or tacit renewal, the contracts of the rentals mentioned in second paragraph of Article 2 of Act No. 89-462 of 6 July 1989 referred to above are governed by all of the provisions of this Act in force on the day of renewal or renewal, with the exception of sections 3, 17 and 17-2, which apply only to new leases and leases being renewed.
As from the date of effect of their renewal or tacit renewal, the contracts referred to in the first paragraph of section 25-3 of the Act are governed by all the provisions of that Act in force on the day of renewal or renewal, with the exception of section 3, of the first paragraph of section 22, of section 25-6 and of the I of section 25-9, which only apply
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
The building and housing code is thus modified:
1° Section L. 313-3 is amended as follows:
(a) At the beginning of the first sentence of the thirteenth preambular paragraph, the words are added: "Regarding the resources of business participation in the construction effort perceived by the organizations mentioned in the twelfth preambular paragraph,"
(b) In the first sentence of the last paragraph, after the first occurrence of the word: "to", is inserted the reference: "thirteenth paragraph of";
(c) It is added a paragraph to read:
"In respect of the resources of the participation of companies in the construction effort collected by registered non-associated collector organizations of the Union des entreprises et des travailleurs for housing, the nature and the rules of use of jobs, the minimum and maximum envelopes devoted to each job or job category and the maximum annual amount allocated to the financing of the investments and expenses necessary for the operation of these bodies are fixed by agreement between the State and each of these bodies. These conventions are for five years. » ;
2° At the 2° of the I of Article L. 342-2, the words "of the intended convention" are replaced by the words "of the conventions".
At the end of V of Article 123 of Act No. 2014-366 of 24 March 2014 for access to housing and a renovated urban planning, the year: "2015" is replaced by the year: "2016".
After the fifteenth preambular paragraph of Article L. 441-1 of the Construction and Housing Code, it is inserted a paragraph as follows:
"In the reservation conventions referred to in the tenth to twelfth preambular paragraphs and in the conventions resulting from a delegation referred to in the thirteenth preambular paragraph, on the date of publication of the Act No. 2015-990 of 6 August 2015 for economic growth, activity and equal opportunity or signed from that date, and entered into for housing in the areas mentioned in First paragraph of Article 17 of Law No. 89-462 of 6 July 1989 to improve rental reports and to amend Act No. 86-1290 of 23 December 1986, the period in which the reservingee proposes one or more candidates to the organization owner of the housing cannot exceed one month from the day the reserving party is informed of the vacancy. This paragraph is public. »
Article L. 211-2 of the urban planning code is supplemented by a paragraph as follows:
"The holder of the right to urban pre-emption may delegate his right to an approved mixed economy corporation referred to in theArticle L. 481-1 of the Construction and Housing Code, to one of the moderately rented housing organizations provided for in section L. 411-2 of the same code or to one of the approved bodies referred to in section L. 365-2 of that code when the alienation relates to one of the property or rights assigned to the housing. Their deliberative body may delegate the exercise of this right under conditions defined by decree in the Council of State. By derogation from section L. 213-11 of this Code, property acquired by exercise of the right of pre-emption pursuant to this paragraph may be used only for the purpose of carrying out development or construction operations to achieve the objectives set out in the local habitat program or determined under the first paragraph of Article L. 302-8 of the Construction and Housing Code. »
I. - Article 17 of Act No. 65-557 of 10 July 1965 establishing the status of co-ownership of built buildings is thus amended:
1° In the last paragraph, after the word "appointment", the words "of the trustee by the general assembly of the co-owners called for this purpose" are inserted;
2° It is added a paragraph to read:
"In any other case where the union has no trustee, the general assembly of co-owners may be convened by any co-owner, for the purpose of appointing a trustee. In the absence of such a summons, the President of the Court of Grand Instance, by order on request of any interested person, designates a provisional administrator of the co-ownership who is in particular responsible for convening the meeting of co-owners for the designation of a trustee. »
II. - Section 21 of the Act is amended as follows:
1° The third paragraph reads as follows:
"Each three years, the union council proceeds to a competition of several draft agreements of the trustee prior to the holding of the next general meeting to decide on the appointment of a trustee, without prejudice to the possibility, for the co-owners, to request the trustee to register on the agenda of the general meeting of the review of the draft agreements of the trustee that they communicate to that effect. However, the trade union board is exempt from proceeding to competition when the annual general meeting preceding the one to decide on the designation of a trustee after mandatory competition decides by a majority of section 25 to waive it. This issue is mandatory on the agenda of the General Assembly concerned. » ;
2° The fourth paragraph is deleted.
III. - II comes into force three months after the promulgation of this Act.
Aunt last paragraph of Article 40 of Law No. 89-462 of 6 July 1989 to improve rental reports and to amend Act No. 86-1290 of 23 December 1986the references: "and the first five paragraphs of Article 23" are replaced by the references: ", the first five paragraphs of Article 23 and Articles 25-3 to 25-11".
The second paragraph of Article L. 133-8 of the Construction and Housing Code is deleted.
In the second sentence of Article L. 201-5 of the same code, the words "similar" are replaced by the words "can not exceed".
Article L. 261-10-1 of the same code is supplemented by a paragraph as follows:
"A decree in the Council of State determines the conditions for the application of this article, including the nature of the financial guarantee of completion or refund. »
I. - In article 25-1 A of Act No. 2000-321 of 21 April 2000 on the rights of citizens in their relations with administrations, the word "sworn" is deleted.
II. - In the last paragraph of Article L. 741-2 of the Construction and Housing Code, the word "sworn" is deleted.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order within twelve months of the promulgation of this Act, any legislative measure that is appropriate to create a long-term lease contract, referred to as "concessional real lease", by which a solidary land organization referred to in the ConstitutionArticle L. 329-1 of the urban planning code consents to a lessee, if necessary with an obligation to construct or rehabilitate existing buildings, real rights for the rental or accession to the property of the dwellings, under conditions of resource ceilings, rents and, where applicable, of sale prices. This order also defines the terms and conditions for the development of this lease and the value of real rights in the event of successive changes. It provides the applicable rules in the event of termination or unawareness of the obligations of the contract.
The insurance code is amended:
1° In the first sentence of the second paragraph of Article L. 241-1, the words "to be able to" are deleted;
2° Section L. 243-2 is amended as follows:
(a) In the first paragraph, the words "to be able to" are deleted;
(b) The second paragraph is amended to read:
- the first sentence is supplemented by the words: ", attached to the quotes and invoices of insured professionals";
- at the end of the second sentence, the words: "minimum mentions to be included on these certificates" are replaced by the words: "a model of insurance certificate including minimum mentions";
(c) After the word: "nothing", the end of the last paragraph is thus written: "of the assurances mentioned in the first paragraph of this article. The insurance certificate referred to in the second paragraph is annexed to it. "
Article L. 211-3 of the urban planning code is supplemented by the words: "of this code, nor of the alienation of land for the benefit of the construction lessee concluded on the occasion of a social accession operation to the property, provided for in the case of the last paragraph of Article L. 251-1 of the Construction and Housing Code "
Article L. 3211-7 of the General Code of Public Ownership is amended as follows:
1° I is supplemented by a sub-item:
"For municipalities that are not the subject of a lack of recognition, as part of a social housing construction program, under the conditions set out in this section, a breakdown is possible on the part of the program whose purpose is the construction of public equipment intended in whole or in part to the occupants of these dwellings. The detachment is aligned with the detachment allocated for the part of the social housing programme. The terms and conditions for the application of this paragraph and the list of public equipment concerned shall be determined by decree in the Council of State. » ;
2° The last paragraph of II is deleted.
The last paragraph of Article L. 433-2 of the Construction and Housing Code is as follows:
"A moderately rented housing organization may also, in application ofArticle 1601-3 of the Civil Code or articles L. 261-1 to L. 261-22 of this code, sell accommodation to a private person, as long as these dwellings are part of a construction program composed mainly of social housing, within 30% of this program. These dwellings are built on land, whether built or not, having been acquired under the articles L. 3211-7 or L. 3211-13-1 the general code of ownership of public persons or on land located in the territory of the communes belonging to a continuous urbanization zone of more than 50,000 inhabitants, defined at theArticle 232 of the General Tax Code. This sale is subject to the authorization of the representative of the State in the department of the place of the operation and subordinate to the respect, by the agency of housing with moderate rent, of criteria taking into account, inter alia, the production and renovation of social rental housing, as defined in article L. 445-1 of this Code. The low-cost housing organization sets up an accounting to distinguish between operations under the general interest service defined in section L. 411-2 and those that do not. »
The same code is amended:
1° Article L. 200-4 is supplemented by a paragraph as follows:
"This right of enjoyment over one or more dwellings confers on these organizations and companies the right to consent to the lease in accordance with the provisions governing them. » ;
2° After the article L. 200-9, an article L. 200-9-1 is inserted as follows:
"Art. L. 200-9-1. - I. - Can conclude a temporary housing occupancy agreement as a principal residence, for the benefit of a third party:
« 1° The partner who benefits from the derogation referred to in the last paragraph of articles L. 201-2 and L. 202-2;
« 2° The heirs or legataries of a deceased partner, within the limits of the duration referred to in Article L. 201-9 and Article L. 202-9-1.
“The Act No. 89-462 of 6 July 1989 to improve rental reports and to amend Act No. 86-1290 of 23 December 1986, in particular Article 11, shall apply to the temporary occupation agreement referred to in the first paragraph of this I.
"A decree in the Council of State determines the conditions governing this temporary occupation agreement.
“II. - At the end of the derogation referred to in the last paragraph of articles L. 201-2 and L. 202-2, the partner is obliged either to take over the housing as a principal residence, or to assign its social shares, or to withdraw from society. Otherwise, his exclusion from society is pronounced by the general assembly of associates. » ;
3° The second paragraph of Article L. 200-10 is amended as follows:
(a) After the word "loans" are inserted the words "or occupants";
(b) The words are added: "or the temporary occupation agreement referred to in Article L. 200-9-1";
4° The last paragraph of articles L. 201-2 and L. 202-2 is supplemented by the words: ", in particular, the maximum duration of this exemption";
5° In I of Article L. 201-9, after the word: "years", are inserted the words: "from the acceptance of succession or donation";
6° After the article L. 202-9, an article L. 202-9-1 is inserted as follows:
"Art. L. 202-9-1. - When the statutes of the granting and self-promotion society provide for an assignment in enjoyment, the heirs or the legates of a deceased partner, if none of them decides to occupy the dwelling as a principal residence, are required either to yield their social shares or to withdraw from the society, after a period of two years from the acceptance of the succession or donation. Otherwise, their exclusion from society is pronounced by the general assembly of associates. »
The first sentence of the second paragraph of Article L. 481-1 of the same code is deleted.
In the second sentence of the first paragraph of the VII of Article L. 3211-7 of the general code of public property, after the word "real estate" are inserted the words ", professionals of the development".
Act No. 70-9 of 2 January 1970 regulating the conditions for the operation of certain transactions relating to real property and trade funds is thus amended:
1° Section 3 is amended as follows:
(a) In the first paragraph of the 4th, the reference: "in title II" is replaced by the references: "in titles II and II bis";
(b) At the end of the last paragraph, the words: "under the conditions laid down by 1° and 4° above" shall be replaced by the words: "on the condition provided for in 1° and shall not be struck by any of the incapacities or prohibitions defined in Part II of this Law";
2° In the first sentence of the first paragraph of Article 3-1, in the first sentence of Article 13-3 and at the end of Article 13-5, after the reference: "Article 1st", the words "and, when it comes to legal persons, their legal and statutory representatives" are inserted;
3° In the first paragraph of Article 4-1, after the words "legal they", the words "or their legal and statutory representatives" are inserted;
4° At the 1st of Article 13-1, after the reference: "Article 1st", are inserted the words: "and, when it comes to legal persons, their legal and statutory representatives";
5° In the first paragraph of Article 13-4, after the word "activities" are inserted the words "or, when it is a legal person, by one of its legal and statutory representatives";
6° Section 13-8 is amended as follows:
(a) After the 5th it is inserted a paragraph as follows:
"The legal and statutory representatives of legal persons may, in addition, be subject to a temporary or final prohibition to manage, direct and administer a legal person carrying out the activities referred to in section 1. » ;
(b) The first sentence of the sixth paragraph is supplemented by the words: "or, when it is a legal person, its legal and statutory representatives";
(c) In the penultimate paragraph, after the words "interested" are inserted the words "or the legal person he represents".
I. - Order No. 2014-355 of 20 March 2014 relating to the experimentation of a single authorization for facilities classified for environmental protection is amended as follows:
1° Article 9 I reads as follows:
"I. - On an experimental basis and for a period of three years from the publication of this order:
« 1° Proposed facilities subject to authorization under this headingArticle L. 512-1 of the Environmental Code, not mentioned in Article 1 of this Order, in the territory of the Champagne-Ardenne and Franche-Comté regions;
« 2° From the publication of the Act No. 2015-990 of 6 August 2015 for economic growth, activity and equality of opportunity, may be subject to this title, in other regions, projects of facilities subject to the authorization provided for in the same article L. 512-1, not mentioned in section 1 of this order, having a major interest in economic activity, taking into account the strategic character of the transaction concerned, the added value it produces, the creation or preservation of employment allows » ;
2° Article 20 is supplemented by a paragraph to read:
"They come into force from the publication of the Act No. 2015-990 of 6 August 2015 for economic growth, activity and equality of opportunity for the projects mentioned in 2° I of Article 9. »
II. - Under the conditions provided for in article 38 of the Constitution, the Government is authorized to make orders, within eighteen months of the promulgation of this Act, for any measure within the scope of the law to:
1° Generalize, where appropriate, by adapting and supplementing them, particularly with regard to the scope of the authorizations and exemptions concerned by the single authorization device, the provisions of theOrder No. 2014-355 of 20 March 2014 relating to the experimentation of a single authorization for facilities classified for environmental and environmental protectionOrder 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 ;
2° Codify these same provisions and align with them the legislative provisions governing the authorizations and derogations concerned by the single authorization system.
III. - The National Council for Ecological Transition referred to in theArticle L. 133-1 of the Environmental Code is associated with the development of orders under this section II. It may establish specialized training to monitor the work and prepare the notices, which are made available to the public under the conditions set out in article L. 133-3 of the same code.
Article L. 515-27 of the Environmental Code is amended as follows:
1° In the first sentence, the words: "one year" are replaced by the words: "four months";
2° The second sentence is deleted;
3° Two subparagraphs are added:
"The display of notices of openness of public investigation, for breeding facilities subject to authorization, or public consultation, for facilities subject to registration, is carried out in the same form conditions as those provided by the urban planning code for the display of the building permit.
"For breeding facilities subject to the registration regime, the display is made from the receipt of the complete and regularly constituted record. »
Order No. 2014-356 of 20 March 2014 relating to the experimentation of a project certificate is amended as follows:
1° Article 1 I is amended as follows:
(a) In the first sentence of the first paragraph, the words "or Franche-Comté" are replaced by the words: ", Franche-Comté, Ile-de-France or Rhône-Alpes";
(b) Added from the 5° and 6° as follows:
« 5° In the Ile-de-France region: projects for the creation or extension of premises or facilities, including facilities under the same title I, where they have a major interest in economic activity, taking into account the strategic nature of the operation concerned, the added value it produces, the creation or preservation of jobs it allows or the development of the territory it makes possible;
« 6° In the Rhône-Alpes region: projects for the creation or extension of premises or facilities, including facilities under title I, where they have a major regional interest in the development of railway transport or when they are related to such a transaction. » ;
2° Section 7 is amended as follows:
(a) After the third preambular paragraph, a sub-item reads as follows:
" - in the regions of Ile-de-France and Rhône-Alpes, the first day of the second month following the date of promulgation of the Act No. 2015-990 of 6 August 2015 for economic growth, activity and equal opportunities. » ;
(b) In the last paragraph, the word "four" is deleted.
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, without prejudice to the fundamental principles and general objectives of the law environmental codeto:
1° Accelerate training and decision-making on construction and development projects, including those that promote ecological transition, and promote their implementation:
(a) By reducing deadlines for the issuance of decisions on requests for urban planning authorizations, including by reducing the time limits for authorities, notices or prior agreements under separate legislation urban planning code ;
(b) By creating or amending the articulation conditions of urban authorizations with authorizations, notices, agreements or formalities under separate legislation urban planning code ;
(c) By deleting the authorisation procedure for new tourist units provided for in Article L. 145-11 of the same code and by providing for the modalities according to which these new units are created and controlled in the context of urban planning documents or authorizations mentioned in Book IV of the said code;
2° Amend the rules applicable to the environmental assessment of projects, plans and programs:
(a) By simplifying and clarifying them to address the difficulties and disadvantages resulting from existing provisions and practices;
(b) By improving the articulation between the environmental assessments of different projects, on the one hand, and between the environmental assessment of projects and that of plans and programs, on the other hand, by defining the cases and conditions in which the environmental assessment of a project, operation, plan or program can take place environmental assessments of projects, operations, plans and programs related to the same development;
(c) By amending the rules of designation and powers of environmental authorities to adapt them to changes in the rules applicable to the environmental assessment and their requirements;
(d) By ensuring their compliance with the European Union law, by transposing Directive 2011/92/EU of the European Parliament and the Council, of 13 December 2011, on the assessment of the impact of certain public and private projects on the environment, in its drafting resulting from Directive 2014/52/EU of the European Parliament and the Council, of 16 April 2014, amending Directive 2011/92/EU on the assessment of the impact of certain public and private projects on the environment;
3° Reform procedures to ensure public information and participation in the development of projects, plans and programs and certain decisions, to modernize and simplify them, to better ensure their compliance with constitutional requirements and their adaptability to individual projects, to ensure that the project development process is more transparent and the effectiveness of public participation in this development is better ensured:
(a) By simplifying and harmonizing them provisions of Articles L. 120-1 to L. 120-3 of the Environmental Code, in particular their scope and the derogations they provide, drawing on the consequences of experimentation provided by the Act No. 2012-1460 of 27 December 2012 relating to the implementation of the principle of public participation as defined in Article 7 of the Charter of the Environment and by removing or reforming the specific procedures for public participation in the development of decisions affecting the environment where they are not in accordance with Article 7;
(b) By specifying the principles for the implementation of information and public participation;
(c) By providing for new information and public participation modalities, including prior consultation with existing participation procedures, which may be implemented by a right of initiative that may be open to the public, to environmental associations and federations, to local authorities, to the competent authority to make the decision and to the owner of the project, as well as a local consultation procedure for electors of a specific territorial authority on the decisions
(d) By drawing, where appropriate, the consequences on the existing procedures of these new information and public participation modalities;
(e) By enabling the information and public participation modalities to be determined on the basis of the specific characteristics of the plan, operation, programme or project, the progress of its development, the dialogues already carried out and the specific circumstances of this plan, operation, programme or project, and by promoting the use of new information and communication technologies to ensure the participation of the largest number;
(f) By simplifying, clarifying and adapting the terms and conditions of public investigations, extending the possibility of using a single public participation procedure for several projects, plans or programs or for several decisions, and promoting the use of new information and communication technologies to ensure the participation of the largest number;
4° Accelerate the resolution of project disputes, including those that promote energy transition, which may have an impact on the environment and ensure, in the interest of preserving the environment and legal security of beneficiaries of decisions relating to these projects, the effectiveness and proportionality of the intervention of the judge, including by specifying the conditions under which administrative courts may be seized of an appeal and by developing their powers and competencies.
II. - The Standing Committee of the National Mountain Council mentioned at theArticle 6 of Act No. 85-30 of 9 January 1985 relating to mountain development and protection is consulted for advice on the draft order for new tourist units provided for in c of 1° of I of this article.
III. - These orders are issued within one year of the promulgation of this Act. This period is extended to eighteen months for orders set out in d of 2° of I.
IV. - The National Council for Ecological Transition referred to in theArticle L. 133-1 of the Environmental Code is associated with the development of orders under this section I and issues notices. It may establish specialized training to monitor the work and prepare the notices, which are made available to the public under the conditions set out in article L. 133-3 of the same code.
I. - The trade code is amended as follows:
1° In the second paragraph of Article L. 125-7, the words: "last of planned publications" are replaced by the words: "planned publication";
2° In the first sentence of the first paragraph of Article L. 141-6, the words: "the fifteen" are replaced by the words: "the next thirty days";
3° Section L. 141-12 is amended as follows:
(a) In the first sentence, the words: "in a newspaper entitled to receive legal announcements in the borough or department in which the fund is exploited and" are deleted;
(b) The second sentence is deleted;
4° In the first sentence of the article L. 141-13, after the word "transition," the words are inserted: "except if it is an authentic act,"
5° The first sentence of Article L. 141-14 is amended as follows:
(a) The words: "last of the intended publications" are replaced by the words: "planned publication";
(b) The words: "by simple extrajudicial act" are replaced by the words: "by extrajudicial act or by registered letter with a request for notice of receipt";
6° In the first sentence of the first paragraph of Article L. 141-15 and Article L. 141-16, the words "of great instance" are deleted;
7° In Article L. 141-17, the words: "does publications in prescribed forms" are replaced by the words: "processing the publication prescribed";
8° Section L. 141-18 is repealed;
9° The second to final paragraphs of Article L. 141-19 are deleted;
10° In Article L. 141-20, the words: "whether there has been or has not been an overrun" are deleted;
11° Section L. 141-21 is amended as follows:
(a) In the first paragraph, the words: "in legal announcement logs and" are deleted;
(b) The second paragraph is deleted;
(c) In the third paragraph, the words "the insertions" are replaced by the words "this insertion";
12° In the first sentence of the first paragraph of Article L. 141-22, the words: "last of planned publications" are replaced by the words: "planned publication";
13° In the first paragraph of Article L. 142-4, the words "the fifteen" are replaced by the words "the next thirty days";
14° At the end of the first sentence of Article L. 143-7, the words: "a great instance of the borough where the fund is exploited" are deleted;
15° In Article L. 143-11, the reference: "L. 141-19," is deleted.
II. - At the end of the first sentence of the penultimate paragraph of Article L. 324-1 of the insurance code, the words: ", and excludes the application of the surrogate right provided by theArticle L. 141-19 of the Commercial Code » are deleted.
III. - At the end of the first sentence of the penultimate paragraph of Article L. 931-16 of the Social Security Code, the words: ", and excludes the application of the right of overrun provided by theArticle L. 141-19 of the Commercial Code » are deleted.
IV. - In the fourth paragraph of Article 201 of the General Tax Code, the words: "in a legal notice log" are deleted.
V. - In the first paragraph of section 22 of the Act of 17 March 1909 on the sale and sale of trade funds, the reference: "L. 141-19," is deleted.
After the first paragraph of article L. 424-3 of the urban planning code, it is inserted a paragraph as follows:
"This motivation must state all the reasons for the decision to reject or opposition, including all the absence of conformity of the work to the legislative and regulatory provisions referred to in Article L. 421-6. »
The first paragraph of section 171 of Act No. 2014-366 of 24 March 2014 for access to housing and renovated urban planning is thus amended:
1° In the second sentence, the words: "as a result of this Act" are replaced by the words: "legislative legislation in force on the date of publication of the order or coming into force after that date,"
2° Is added a sentence as follows:
"This order can move provisions between Book I of the urban code and the other books of the same code. »
A report is submitted to Parliament by December 31, 2015, on the assessment of the effects ofOrder No. 2013-638 of 18 July 2013 relative to the contentiousness of urban planning.
I. - Article L. 480-13 of the urban planning code is amended as follows:
1° The a becomes a 1° and is thus modified:
(a) The second sentence is replaced by the words: "and if the construction is located in one of the following areas:"
(b) Sixteen subparagraphs are added:
“(a) The spaces, landscapes and environments characteristic of the mountainous natural and cultural heritage mentioned in II of Article L. 145-3, when identified and delineated by regulatory documents relating to land use and occupation;
“(b) Land and marine areas, remarkable sites and landscapes or characteristics of the natural and cultural heritage of the coast and the environments necessary to maintain the biological balances referred to in Article L. 146-6, when identified and delineated by regulatory documents relating to the occupation and use of soils;
"(c) The band of three hundred meters from the natural parts of the shores of the natural or artificial water bodies of an area less than a thousand hectares mentioned in article L. 145-5;
"(d) The 100-metre coastal strip referred to in Article L. 146-4;
“e) The hearts of national parks delimited under theArticle L. 331-2 of the Environmental Code ;
“(f) The natural reserves and the scopes of protection around these reserves established under Article L. 332-1 and Articles L. 332-16 to L. 332-18 of the same code, respectively;
“(g) Sites registered or classified under articles L. 341-1 and L. 341-2 of the said code;
“(h) The sites designated Natura 2000 pursuant to Article L. 414-1 of the same code;
“(i) The areas listed in the technological risk prevention plans referred to in Article L. 515-16 of the said Code, those listed in the foreseeable natural hazard prevention plans referred to in Article L. 562-1 of the same Code, and those contained in the mini-risk prevention plans provided for in Article L. 174-5 of the Mining Code, where the right to undertake new or new constructions,
“j) Perimeters of easements relating to facilities classified for the protection of the environment established under theArticle L. 515-8 of the Environmental Codewhere the servitudes established in these perimeters contain a limitation or suppression of the right to implement constructions or works;
“(k) The perimeters of bondage on polluted land, on the right of waste storage sites, on the right of old quarries or in the vicinity of a carbon dioxide geological storage site established pursuant to Article L. 515-12 of the same code, when the servitudes established in these perimeters contain a limitation or suppression of the right to implement constructions or works;
"(l) The architectural and heritage development areas created in application of theArticle L. 642-1 of the Heritage Code ;
“m) The perimeters for the protection of a building classified or registered as historical monuments provided for in the fourth and fifth paragraphs of Article L. 621-30 of the same code;
“(n) Areas delimited by the local plan of urban planning pursuant to 2° and 5° of III of Article L. 123-1-5 of this Code;
"(o) Saved areas created under Article L. 313-1.
"The demolition action must be initiated within two years after the decision has become final of the administrative jurisdiction; »
2° The b becomes a 2°.
II. - In article L. 600-6 of the same code, the reference "second paragraph" is replaced by the reference "1°".
A la first sentence of the first paragraph of article L. 431-3 of the urban planning code and to first sentence of the first paragraph of Article 4 of Act No. 77-2 of 3 January 1977 on architecture, the words: "limited to unique associated liability" are deleted.
I. - Article L. 213-1-1 of the urban planning code is amended as follows:
1° The first paragraph is amended to read:
(a) The words: "free alienation" are replaced by the words: "givings between livers";
(b) After the words: "this", the end of the paragraph is as follows: "is done:"
2° After the first paragraph, are inserted from 1° to 4° as follows:
« 1° Between ascendants and descendants;
« 2° Between collateral to the sixth degree;
« 3° Between spouses or partners of a civil pact of solidarity;
« 4° Between a person and the descendants of a spouse or partner of a civil covenant of solidarity, or between those descendants. »
II. - The Rural and Maritime Fisheries Code is amended as follows:
1° The first sentence of Article L. 141-1-1 is amended as follows:
(a) The reference: "and L. 143-7" is replaced by the references: ", L. 143-7 and L. 143-16";
(b) After the words: "act of sale" are inserted the words: "or donation";
(c) The words: "the date of sale is known to him" are replaced by the words: "this act is known to him";
(d) The second occurrence of the words: "sale" is replaced by the words: "the act in question";
(e) After the second occurrence of the word "or" are inserted the words: ", in the sole case of the sale,"
2° In the first paragraph of Article L. 143-8, the word "second" is replaced by the word "third";
3° Chapter III of Book I title IV is supplemented by a section 4 as follows:
“Section 4
“Right of preemption in case of donations between livers
"Art. L. 143-16. - The property, real rights and social rights referred to in the first, fifth and sixth paragraphs of Article L. 143-1 are also subject to the right to pre-emption of land-use and rural establishments, where they are subject to a free assignment of assets, except where the transfer is made:
« 1° Between ascendants and descendants;
« 2° Between collateral to the sixth degree;
« 3° Between spouses or partners of a civil pact of solidarity;
« 4° Between a person and the descendants of a spouse or partner of a civil covenant of solidarity, or between those descendants.
"With the exception of section 2, subsection 3, this chapter is applicable to donations referred to in the first paragraph.
"However, by derogation from the first paragraph of Article L. 412-8, the notary responsible for instrumenting does not mention the price. The licensee's decision to acquire the property indicates that the property is estimated by tax services.
"The right of pre-emption of land-use and rural-estate societies provided for in this section can only be implemented on grounds that relate primarily to their mission to promote the installation, maintenance and consolidation of agricultural or forestry farms so that they reach a viable economic dimension in accordance with the criteria of the regional agricultural management framework, as well as the improvement of the parcel distribution of farms. »
I. - The one.Article 24-2 of Act No. 65-557 of 10 July 1965 fixing the status of the condominium of the built buildings is supplemented by a sub-item:
"The General Assembly may also, under the same conditions, give a mandate to the Trade Union Council to decide on any future proposal from an electronic communications operator to install high-speed electronic communication lines referred to in the first paragraph of this Article. As long as such a facility has not been authorized, the agenda of the General Assembly shall be entitled to a draft resolution giving the union council such a mandate. »
II. - The obligation relating to the agenda of the General Assembly of co-owners referred to in last paragraph of section 24-2 of Act No. 65-557 of 10 July 1965 establishing the status of co-ownership of built buildings is applicable to general assemblies convened after the promulgation of this Act.
III. - The hours of Article 25 of Act No. 65-557 of 10 July 1965 referred to above are as follows:
1° In the beginning, the words are added: "The installation of a radio station necessary for the deployment of a radio network open to the public or";
2° The words "that she wears" are replaced by the words "that they wear".
Under the conditions provided for in article 38 of the Constitution, the Government is authorized to make an order within nine months of the promulgation of this Act, any measure within the scope of the law:
1° Requiring to the transposition of Directive 2014/53/EU of the European Parliament and of the Council, of 16 April 2014, on the harmonization of the legislation of the Member States concerning the provision on the market of radio equipment and repealing Directive 1999/5/EC;
2° Requires the transposition of Directive 2014/61/EU of the European Parliament and the Council of 15 May 2014 on measures to reduce the cost of the deployment of high-speed electronic communications networks;
3° To simplify the provisions of Post and electronic communications code relating to the institution of the protection of radio stations and to the removal of the unfavourable or obsolete provisions, including those relating to radioelectric servitudes benefiting electronic communications operators.
I. - The one.Order No. 2014-329 of 12 March 2014 on the digital economy is ratified.
II. - Section L. 33-6 of the Post and Electronic Communications Code is amended to read:
1° In the first paragraph, after the word: "mixed", the words "owned by the same owner" are inserted;
2° In the second sentence of the last paragraph, the words "in" are replaced by the word "to".
Section 1 of Chapter II of Title I of Book II of the Post and Electronic Communications Code is supplemented by an article L. 33-11 as follows:
"Art. L. 33-11. - It is established a status of “fib zone”, which can be obtained as long as the establishment and operation of an open-ended optical fibre network are sufficiently advanced to trigger measures facilitating the transition to very broadband. The application for status is made by the operator in charge of this network or by the community having established it under theArticle L. 1425-1 of the General Code of Territorial Communities. The Minister responsible for electronic communications attributes this status after the advice of the Electronic Communications and Posts Regulatory Authority.
"The terms and conditions of application of this article are defined by decree. »
I.-After theArticle L. 111-5-1 of the Construction and Housing Codearticles L. 111-5-1-1 and L. 111-5-1-2 are inserted as follows:
"Art. L. 111-5-1-1.-New buildings and new individual homes comprising only one dwelling or only one commercially-used local are equipped with high-speed fibre optic electronic communications lines necessary for the service of the accommodation or the professionally-used space by a high-speed, open-ended electronic fibre communications network.
"A decree in the Council of State sets out the modalities for the application of this article.
"Art. L. 111-5-1-2.-A building comprising several units or premises for professional use that are subject to construction permits in accordance with section L. 111-1 is provided, at the cost of the owners, where the cost of the equipment work does not seem disproportionate to the cost of the work covered by the building permit, high-speed fibre optic electronic communications lines necessary for the service of each of the open-ended units or premises for commercial use
"A decree in the Council of State sets out the modalities for the application of this article. »
II.-New batches are equipped with high-speed, fibre-optic electronic communications lines that are required to serve each batch by a high-speed, fibre-optic electronic communications network open to the public.
A decree in the Council of State sets out the modalities for the application of this article.
III.-I and II apply to buildings, houses and subdivisions that are issued after July 1, 2016.
After 17° bis of Article L. 32 of the Post and Electronic Communications Code, it is inserted a 17° ter as follows:
"17° ter Sharing of a radio network open to the public.
"It is meant by sharing a radio network open to the public the use of elements of a radio access network for the benefit of electronic communications operators with a radio frequency usage authorization. It includes the roaming or pooling of radio networks open to the public. »
The same code is amended:
1° Section L. 32-1 is amended as follows:
(a) II is replaced by II to IV as follows:
"II.- Within the framework of their respective responsibilities, the Minister for Electronic Communications and the Electronic Communications and Post Control Authority shall take, in objective and transparent conditions, reasonable and proportionate measures to achieve the following objectives:
« 1° The provision and funding of all components of the public electronic communications service;
« 2° Development of employment;
« 3° Development of investment, innovation and competitiveness in the electronic communications sector;
« 4° The development and interest of the territories and the diversity of competition in the territories;
« 5° Consumer protection, in conjunction with the Consumer Minister, and the satisfaction of the needs of all users, including persons with disabilities, age or with specific social needs, in access to services and equipment;
« 6° Compliance by electronic communications operators with the protection of personal data, the secrecy of correspondence and the principle of neutrality with regard to the content of the messages transmitted;
« 7° The integrity and security of open-ended electronic communications networks and compliance by network operators and electronic communications service providers, public order and public defence and security obligations;
« 8° A high level of environmental and health protection, in conjunction with ministers responsible for health and the environment;
« 9° Sobriety of population exposure to electromagnetic fields;
« 10° The promotion of harmonized European numbers for social purpose services and the contribution to end-user information, when these services are provided;
« 11° The possibility of using all types of technologies and all types of electronic communications services in the frequency bands available for these services, subject to technical feasibility.
"III.-In the context of its responsibilities and, where appropriate, in conjunction with the Minister responsible for electronic communications, the Authority for the regulation of electronic communications and posts shall, under objective and transparent conditions, take reasonable and proportionate measures to achieve the following objectives:
« 1° The exercise for the benefit of users of effective and fair competition between network operators and electronic communications service providers, especially when they receive public subsidies in accordance with Articles 106 and 107 of the Treaty on the Functioning of the European Union;
« 2° The definition of conditions for access to open networks to the public and the interconnection of these networks that guarantee the possibility for all users to communicate freely and the equal conditions of competition;
« 3° The lack of discrimination, in similar circumstances, in the relations between operators and providers of online communications services for the delivery of traffic and access to their services;
« 4° The establishment and development of networks and services and the interoperability of services at the European level;
« 5° Effective use and management of radio frequencies and numbering resources;
« 6° The ability of end-users to access and disseminate information and access the applications and services of their choice.
"IV.-Without prejudice to the objectives set out in II and III, the Minister for Electronic Communications and the Electronic Communications and Post Regulatory Authority shall:
« 1° To respect the greatest possible neutrality, from a technological point of view, of the measures they take;
« 2° To promote investment and innovation in improved and new-generation infrastructure, taking into account, when establishing access obligations, the risk assumed by the companies that invest, and to authorize modalities of cooperation between investors and people seeking access, in order to diversify the risk of investment in the respect of market competition and the principle of non-discrimination;
« 3° In the absence of discrimination, in similar circumstances, in the treatment of operators;
« 4° To promote, where appropriate, competition based on infrastructure.
"They ensure the adaptation of the regulatory framework to appropriate and predictable timelines for the various actors in the sector. » ;
(b) The III becomes the V and is supplemented by a paragraph as follows:
"The Authority for the regulation of electronic communications and posts may be seized for advice by Ministers responsible for electronic communications and posts on any matter within its jurisdiction. » ;
2° At the end of the first paragraph of Article L. 34-8-4, in the last sentence of the second paragraph of Article L. 37-3 and at the end of the second sentence of the second paragraph of Article L. 38-2, the reference: "III of Article L. 32-1" is replaced by the reference: "V of Article L. 32-1".
The same code is amended:
1° After the third paragraph of Article L. 33-1, it is inserted as follows:
"When a person operates a network open to the public or provides an electronic communications service to the public without the declaration provided for in the first paragraph of this I being made, the authority, which is assembled in the form of dispute resolution, prosecution and instruction, may, after the person has been invited to declare the activity concerned without delay, make an ex officio declaration. The data subject is informed. » ;
2° In the first sentence of the sixth and seventh paragraphs of Article L. 130, the reference is ", L. 32-4 and" replaced by the words "and L. 32-4, of the fourth paragraph of Article L. 33-1, of the article".
I. - After article L. 34-8-1 of the same code, an article L. 34-8-1-1 is inserted as follows:
"Art. L. 34-8-1-1. - The sharing of radio networks open to the public is the subject of a private law agreement between licensees of radio frequencies to establish and operate a network open to the public. This agreement determines the technical and financial conditions for the provision of the service, which may relate to elements of the radio access network or consist of the reception on the network of one of the operators of all or part of the customers of the other.
" Disputes relating to the conclusion or execution of the convention shall be submitted to the Authority for the regulation of electronic communications and posts in accordance with Article L. 36-8.
"The agreement is communicated, as soon as it is concluded, to the Autorité de régulation des communications électronique et des postes. When the authority finds that this is necessary for the achievement of the objectives mentioned in Article L. 32-1 or for the fulfilment of the commitments made under the authorizations for the use of radio frequencies by the operators parties to the convention, it shall, after the opinion of the Autorité de la concurrence, request the modification of the conventions already concluded, specifying their geographical scope, duration or conditions of their termination.
"Without prejudice to Article L. 34-8-1 of this Code, where the benefit allows the provision of electronic communications services on one of the areas identified under this Code III of Article 52 of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy or in application ofArticle 119 of Act No. 2008-776 of 4 August 2008 modernization of the economy is ensured in objective, transparent and non-discriminatory conditions. »
II. - At the end of the d of Article L. 33-1 of the same code, the words: "and the modalities for the sharing of infrastructure and local roaming" are replaced by the words: ", the modalities for the sharing of infrastructure and radio networks open to the public and local roaming".
III. - At 2° bis of Article L. 36-8 of the same code, after the reference: "L. 34-8-1", the words "of the radio network sharing agreement open to the public under Article L. 34-8-1-1", are inserted.
I.-Article L. 36-7 of the same code is supplemented by a 10° as follows:
« 10° Publishes an annual report on the investment effort of authorized mobile radiocommunication operators. This report assesses the investments made by each of the operators in the deployment of new infrastructure and verifies that the radio network sharing conventions open to the public referred to in Article L. 34-8-1-1 do not interfere with this deployment. »
II.-The first report prepared under 10° of Article L. 36-7 of the Post and Electronic Communications Code is published no later than three months after the promulgation of this Act.
Article L. 36-8 of the same code is amended as follows:
1° In the first paragraph of I, the words "or the other" are deleted;
2° After the second sentence of the second paragraph of I, a sentence is inserted as follows:
"The authority may, at the request of the seized party, decide that its decision will be effective on a date prior to its referral, but that date may be earlier than the date on which the dispute was formally raised by one of the parties for the first time and, in any event, without the date being more than two years earlier than its referral. » ;
3° After the first paragraph of the IV, a sub-item reads as follows:
"The president of the Electronic Communications and Posts Regulatory Authority may present observations to the Court of Cassation on the occasion of a cassation appeal against a judgment by which the Court of Appeal of Paris ruled on a decision of the authority. » ;
4° A VI is added as follows:
"VI.-When the dispute concerns a party under the activities it carries out as a partner of a territorial community or a group of territorial authorities acting within the framework of theArticle L. 1425-1 of the General Code of Territorial Communities, this community or grouping has the status of a party before the Autorité de régulation des communications électronique et des postes and, if applicable, before the Court of Appeal of Paris and the Court of Cassation. »
The same code is amended:
1° Part II of Article L. 42-1 is supplemented by a paragraph as follows:
"The Authority for the regulation of electronic communications and posts may delegate to its President any or part of its powers relating to the adoption of individual authorization decisions, except for the authorizations granted under section L. 42-2 and the authorizations granted under section L. 42-3 relating to a frequency that has been assigned under section L. 42-2 or is used for the exercise of public service. The President may delegate his signature to the Director General and, within his or her powers, to any officer of the authority. » ;
2° Section L. 44 is amended as follows:
(a) I is thus modified:
-the third paragraph is supplemented by two sentences as follows:
"It may delegate to its president all or part of its powers relating to the adoption of individual decisions assigning numbering resources. The President may delegate his signature to the Director General and, within his or her powers, to any officer of the authority. » ;
-the ninth preambular paragraph is supplemented by two sentences as follows:
"It may delegate to its president all or part of its powers relating to the adoption of individual decisions assigning these codes. The President may delegate his signature to the Director General and, within his or her powers, to any officer of the authority. » ;
- at the end of the second sentence of the tenth paragraph, the words: "and according to the terms defined by it" are replaced by the words: "or, if any, of its president and in terms defined by the authority";
(b) II is thus amended:
- in the first paragraph, the words: "by the Authority for the regulation of electronic communications and posts" are deleted;
-the ninth and tenth paragraphs are deleted;
-in the eleventh paragraph, the words: "reservation or" are deleted and the word: "they" is replaced by the word "his";
- in the last two paragraphs, the words: "by the Autorité de régulation des communications électronique et des postes" are deleted.
I.-Article L. 1425-1 of the General Code of Territorial Communities is supplemented by a VI as follows:
"VI.-Territorial authorities and their groupings allow the access of electronic communications operators to the electronic communications infrastructures and networks mentioned in the first paragraph of I, under objective, transparent, non-discriminatory and proportionate tariff conditions and which guarantee respect for the principle of free competition in the electronic communications markets as well as the openness of these infrastructures and networks. In keeping with these principles, these tariff conditions take into account the provision of public assistance in order to reproduce the economic conditions of access to comparable electronic communications infrastructure and networks established in other areas of the territory in the absence of such assistance.
"After a public consultation, the Electronic Communications and Posts Regulatory Authority adopts guidelines on tariff conditions for access to networks open to the public with very high-speed fiber optics to serve a final user. They are updated as needed.
"The territorial authorities and their groupings referred to in the first paragraph of I shall communicate to the authority, at least two months before their entry into force, the tariff conditions for access to their high-speed optical fibre networks open to the public to serve a final user. The tariff conditions in effect on the day the promulgation of Act No. 2015-990 of 6 August 2015 for economic growth, activity and equality of opportunity are communicated to the authority at its request. When it considers that the tariff conditions raise difficulties with respect to this VI, the Electronic Communications and Post Regulatory Authority shall issue a notice, which may be made public, inviting the local authority or the group concerned to amend them. It shall promptly communicate it to the Minister for Electronic Communications.
"The territorial authorities, their groupings and electronic communications operators shall transmit to the authority, at its request, the information and documents necessary for the implementation of this Article. »
II.-The guidelines referred to in second paragraph of Article L. 1425-1 of the General Code of Territorial Communitiesin its writing resulting from the I of this section, shall be made public within four months of the promulgation of this Act.
Article L. 34-9-1 of the Post and Electronic Communications Code is amended as follows:
1° The first paragraph of the G is thus amended:
(a) The words: "where the level of public exposure" are replaced by the words: "in which the level of exposure";
(b) After the word: " criteria" are inserted the words ", including techniques";
(c) At the end, the words: "according to the results of the measures communicated to it" are deleted;
2° After the word: " vulnerable", the end of the H is deleted.
The Public Health Code is amended to read:
1° In the first paragraph of article L. 5232-1-1, is added a sentence as follows:
"The accessory to limit the exposure of the head to the electromagnetic fields emitted by the equipment must also appear on this advertisement. » ;
2° Section L. 5232-1-2 is repealed.
I.-Le Chapter I of Title V of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy is supplemented by articles 52-1 to 52-3 as follows:
"Art. 52-1.-I.-The national list referred to in Article 52 III is supplemented by a list comprising the following areas:
« 1° The town centres that meet the criteria set out in the first paragraph of the same III;
« 2° The former town-centres that merged with another commune in a period of fifty years before the date of promulgation of the Act No. 2015-990 of 6 August 2015 for the growth, activity and equal economic opportunities identified as not covered by any operator of a mobile network open to the public, who has a licence to use radio frequencies.
"II.-This list is jointly decided by Ministers responsible for electronic communications and land use within three months of the promulgation of the Act No. 2015-990 of 6 August 2015 referred to abovein consultation with the Electronic Communications and Post Regulatory Authority, representatives of the local authorities and operators of the above-mentioned networks.
"III.-The areas listed in the list referred to in II of this section are covered in second-generation mobile telephone services, under the conditions set out in section 52, by 31 December 2016, and not later than six months after the effective provision of infrastructure by the territorial authorities or their groupings.
"Art. 52-2.-The remaining areas of the second-generation mobile phone network coverage expansion program are covered in second-generation mobile phone services by December 31, 2016 or, where infrastructure is provided by the local authorities or their groupings, no later than six months from their actual availability.
"Residual zones of the second-generation mobile phone extension program are defined as:
« 1° Areas of the national list referred to in the III of Article 52 not covered in second-generation mobile phone services on the effective date of the Act No. 2015-990 of 6 August 2015 for economic growth, activity and equal opportunities;
« 2° Areas that electronic communications operators, who, on the date of entry into force of the same law, have an authorization to use radio frequencies for the operation of a mobile network open to the second generation public, have committed themselves to conventionally covering second-generation mobile telephone services as part of the sharing of mobile networks open to the public.
"Art. 52-3.-When one of the areas referred to in sections 52-1 and 52-2 is covered in third-generation mobile telephone services, it is deemed to be covered within the meaning of these same articles. »
II.-After theArticle 119 of Act No. 2008-776 of 4 August 2008 articles 119-1 and 119-2 are inserted as follows:
"Art. 119-1.-I.-The third-generation mobile service coverage of the areas identified pursuant to Article 119 by the incumbent electronic communications operators on the effective date of the Act No. 2015-990 of 6 August 2015 for economic growth, activity and equality of opportunity, an authorization for the use of radio frequencies for the operation of a third-generation open-ended mobile network, is carried out by 30 June 2017.
"When one of these areas is covered in fourth-generation mobile services by these same operators, it is deemed to be covered within the meaning of the first paragraph of this I.
"II.- Within two months of the promulgation of the Act No. 2015-990 of 6 August 2015 referred to abovethe electronic communications operators, who, at the date of entry into force of the same law, have an authorization to use radio frequencies for the operation of a third-generation mobile network open to the public, shall jointly address to the Authority for the regulation of electronic communications and posts and to the Minister responsible for electronic communications the draft conventions concerning the technical and financial terms of the sharing of the liability network facilities provided for in the The services of each operator are offered in objective, transparent and non-discriminatory conditions.
"The Electronic Communications and Post Control Authority shall verify the project's compliance with the applicable regulatory framework and, if applicable, shall approve the project.
"In the absence of a joint transmission by the operators of a project, in the event of non-compliance of this project with the applicable regulatory framework, or in the event of failure to implement the agreements concluded, the Electronic Communications Regulatory Authority and Posts sets out the distribution of the zones between operators and the deployment schedule of the areas affected by each operator under the conditions defined in theArticle L. 36-7 of the Post and Electronic Communications Code and, where applicable, the technical and financial terms and conditions for the sharing of active facilities under the conditions defined in Article L. 34-8 of the same code.
"Art. 119-2.-The coverage of the areas referred to in section 52-1 of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy in third or fourth generation mobile services is carried out before 31 December 2016, and no later than six months after the effective provision of the infrastructures by the local authorities or their groupings, under the conditions provided for in II of section 119-1 of this Act and in section L. »
III.-The Post and Electronic Communications Code is amended as follows:
1° Section 1 of chapter II of Book II title I is supplemented by an article L. 33-12andsi written:
"Art. L. 33-12.-In order to allow the implementation and control of compliance with the obligations established under articles L. 33-1, L. 36-6 and L. 42-1, the measures relating to the quality of services and the coverage of the networks and services of electronic communications, their processing and certification are carried out, under the control of the Authority for the regulation of electronic communications and posts, by independent bodies chosen by the authority and whose proportions are » ;
2° After article L. 34-8-4, an article L. 34-8-5 is inserted as follows:
"Art. L. 34-8-5.- Within three months of the promulgation of the Act No. 2015-990 of 6 August 2015 for economic growth, activity and equality of opportunity, the State, representatives of the territorial authorities and electronic communications operators who have an authorization for the use of radio frequencies for the operation of a mobile network open to the public conclude a convention defining the conditions under which coverage of areas where no mobile service is available on the date of publication of the same law is ensured, with the exception of the zones identified in 52 or sections 52-1 and 52-2 of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy or articles 119,119-1 and 119-2 of Act No. 2008-776 of 4 August 2008 on the modernization of the economy.
"This includes the conditions under which territorial authorities and their groupings may, after having found a lack of private initiative, make available to operators an infrastructure that includes a high-end antenna, a connection to an energy network and a connection to a fixed network open to the public, allowing for the coverage of the area under consideration in third-generation mobile services at a minimum under reasonable technical and tariff conditions.
"The operators shall jointly inform the Autorité de régulation des communications électronique et des postes of the individual obligations they have undertaken in the context of the implementation of the convention referred to in the first paragraph of this article. » ;
3° Section L. 35-1 is amended as follows:
(a) At 2°, the words "and electronic" are replaced by the words " or electronic";
(b) The third is repealed;
(c) At 4°, the references: ", 2° and 3°" are replaced by the reference: "and 2°";
4° In the first paragraph of Article L. 35-2, the words: "for the component of the universal service referred to in Article L. 35-1 or" are deleted and the reference: "of the same article" is replaced by the reference: "of Article L. 35-1";
5° The first paragraph of Article L. 35-2-1 is amended as follows:
(a) In the first sentence, the words: "or the component of the universal service mentioned in the 3rd of the same article" are deleted;
(b) In the second sentence, the reference: "or 3°" is deleted;
6° In the first sentence of the first paragraph of Article L. 35-4, the words "and electronic" are replaced by the words "or electronic";
7° After the 5th of the article L. 36-6, are inserted from 6° and 7° as follows:
« 6° Technical and tariff conditions for access to infrastructure referred to in Article L. 34-8-5 of this Code, in accordance with I and IV of Article L. 1425-1 of the General Code of Territorial Communities ;
« 7° Content and terms and conditions for providing reliable and comparable information to the public regarding the availability, quality and coverage of electronic communications networks and services and the identification of indicators and methods used to measure them. » ;
8° Article L. 36-7 is supplemented by a 9° as follows:
« 9° Fixes, where applicable, the obligations of each of the electronic communications operators, who have a radio frequency usage authorization for the operation of a mobile network open to the third generation public, to ensure the third generation mobile service coverage of the areas identified pursuant to theArticle 119 of Act No. 2008-776 of 4 August 2008 modernization of the economy; »
9° After article L. 36-10, an article L. 36-10-1 is inserted as follows:
"Art. L. 36-10-1.-The Authority for the Control of Electronic Communications and Positions is responsible for ensuring compliance:
« 1° III of section 52 and sections 52-1 to 52-3 of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy;
« 2° Articles 119,119-1 and 119-2 of Act No. 2008-776 of 4 August 2008 on the modernization of the economy;
« 3° From the mobile phone coverage of the areas mentioned in 1° and 2° of this article, as well as those that were not covered in 2003 and that were covered by the implementation of a radio network sharing open to the public by conventional means between the operators;
« 4° Obligations contracted by each of the operators under Article L. 34-8-5. »
In the second paragraph of Article L. 34-9-1 of the Post and Electronic Communications Code, the words "at least" are deleted.
Act No. 93-122 of 29 January 1993 on the prevention of corruption and transparency of economic life and public procedures is thus amended:
1° In the first paragraph of Article 20, after the word: "advertising" are inserted the words: "in any medium whatsoever";
2° Article 23 is supplemented by a paragraph to read:
"In the digital advertising sector, the modalities for the application of the reporting obligations defined in the first and third paragraphs of this article are specified by decree in the Council of State. »
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
Section 1 of Chapter I of Book III title I of the Tourism Code is amended as follows:
1° The title is thus written: "Hotel contracts";
2° At the beginning, is added a sub-section 1 entitled "Reports between donors and tenants of buildings assigned to the hotel industry" and including sections L. 311-1 to L. 311-5;
3° Is added a sub-section 2 as follows:
"Subsection 2
“Relations between hoteliers and online booking platforms
"Art. L. 311-5-1. - The contract between a hotelier and a natural or legal person operating an online booking platform on hotel room rental to customers can only be entered into on behalf of the hotelier and in the written framework of the terms of reference mentioned to the clients articles 1984 et seq. of the Civil Code.
"Despite the first paragraph of this section, the hotelier retains the freedom to consent to the customer any rate discounts or benefits, of any kind, any contrary clause being deemed unwritten.
"Art. L. 311-5-2. - The contract under Article L. 311-5-1 sets out the terms and conditions of remuneration of the agent as well as the prices of the rental of the rooms and any other service.
"The remuneration of the agent is freely determined between the hotelier and the online booking platform.
"Art. L. 311-5-3. - Is punished by a fine of 30,000 €, which can be increased to 150,000 € if it is a legal person, the fact for the legal representative of the online reservation platform to operate without contract entered into in accordance with Article L. 311-5-1.
"Non-compliance with Article L. 311-5-2 is punishable by a fine of € 7,500, which may be increased to €30,000 for a legal person.
"The above offences are found by the agents mentioned in theArticle L. 450-1 of the Commercial Code and under the conditions provided for in the same article.
"Art. L. 311-5-4. - This subsection applies regardless of the location of the online reservation platform as long as the rental is made for the benefit of a hotel in France.
« Contracts between hotels and online booking platforms entered into before the publication of the Act No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities cease to produce their effects as soon as the law comes into force. »
Chapter I of Book I of the Consumer Code is thus amended:
1° After Article L. 111-5, an article L. 111-5-1 is inserted as follows:
"Art. L. 111-5-1.-Without prejudice to information obligations underArticle 19 of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy, any person whose activity consists in linking, electronically, several parts for the sale of a property, the provision of a service or the exchange or the sharing of a property or service is required to deliver loyal, clear and transparent information on the general terms and conditions of use of the intermediation service and on the terms and conditions of reference, classification and offers
"When only consumers or non-professionals are put into contact, the person referred to in the first paragraph of this article is also required to provide fair, clear and transparent information on the quality of the advertiser and the rights and obligations of the parties in civil and fiscal matters.
"When professionals, vendors or service providers are brought into contact with consumers, the person mentioned in the first paragraph of this section is also required to make available to consumers a space to communicate the information provided for in Article L. 121-17.
"The content of this information and its means of communication are set by decree. » ;
2° In the first sentence of Article L. 111-6, the reference: "and Article L. 111-5" is deleted;
3° After the article L. 111-6, an article L. 111-6-1 is inserted as follows:
"Art. L. 111-6-1.-Any breach of sections L. 111-5 and L. 111-5-1 is liable to an administrative fine of not more than €75,000 for a natural person and €375,000 for a legal person. The fine is imposed under the conditions set out in section L. 141-1-2. »
I.-The general tax code is amended as follows:
1° Article 80 quaterdecies I is thus written:
"I.-The salary benefit corresponding to the value, on their acquisition date, of the shares assigned under the conditions defined in Articles L. 225-197-1 to L. 225-197-6 of the Commercial Code is imposed in the hands of the attribute, according to the terms set out in 3 of section 200 A of this code. » ;
2° After the thirteenth paragraph of the 1 quinquies of Article 150-0 D, it is inserted a 7° as follows:
« 7° In case of assignment of shares assigned under the conditions defined in Articles L. 225-197-1 to L. 225-197-6 of the Commercial Codefrom the date of acquisition provided for in the sixth paragraph of I of the same Article L. 225-197-1. » ;
3° In the first sentence of 2 of Article 182 A ter, the reference is "L. 225-197-3" and the reference is "L. 225-197-6";
4° The 3 of section 200 A is thus restored:
“3. The salary benefit referred to in section 80 quaterdecies shall be retained in the aggregate net income set out in section 158, after application, if any, of the slaughters provided for in 1 of section 150-0 D and 150-0 D ter. » ;
5° In the fourth sentence of the last paragraph of Article 223 A, the word "sixth" is replaced by the word "seventh".
II.-The Social Security Code is amended as follows:
A.-Le 6° du II de l'article L. 136-2 est ainsi écrit :
« 6° The advantage mentioned to I of Article 80 bis of the General Tax Code ; »
B.-Au e du I de l. L. 136-6, après le mot : «tax », sont inserted les mots : «, de l'advanté figurant à l'article 80 quaterdecies du même code » ;
C.-Article L. 137-13 is amended as follows:
1° I is thus modified:
(a) In the third paragraph, the reference: "L. 225-197-5" is replaced by the reference: "L. 225-197-6";
(b) After the same third preambular paragraph, a sub-item reads as follows:
"This contribution does not apply to the free share allocations decided by companies that have not made any dividend distribution since their inception and that meet the definition of small and medium-sized enterprises set out in the Appendix to Recommendation 2003/361/ EC of the Commission, of 6 May 2003, concerning the definition of micro, small and medium-sized enterprises, within the limit, by employee, of the ceiling referred to in Article L. 241-3 of this Code. This limit is appreciated by massing free shares whose acquisition occurred during the current year and the previous three years. All of these conditions are estimated at the date of the award decision. The benefit of this slaughter is subject to compliance with Commission Regulation (EU) No 1407/2013 of 18 December 2013, concerning the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to the Minimizing Aids. » ;
(c) The last paragraph is as follows:
"In the event of free shares, this contribution applies to the value, on their acquisition date, of the shares awarded. » ;
2° The second is thus written:
"II.-The rate of this contribution shall be:
"1° 30% on options granted under the conditions specified in the Articles L. 225-177 to L. 225-186-1 of the Commercial Code. It is due the month following the date of the award of options;
"2° 20% on shares assigned under the conditions provided for in articles L. 225-197-1 to L. 225-197-6 of the same code. It is payable the month following the date of acquisition of shares by the beneficiary. » ;
D.-In the first paragraph of Article L. 137-14, the references: "of articles 80 bis and 80 quaterdecies" are replaced by the reference: "of article 80 bis";
E.-The 1st of Article L. 137-15 is supplemented by the words: "and those exempted under the fourth paragraph of I of the same article".
III.-The second sentence of the first paragraph of Article L. 225-102 of the Commercial Code is as follows:
"It is also taken into account the nominative actions held directly by employees pursuant to articles L. 225-187 and L. 225-196 of this Code, in their writing prior to the entry into force of the Act No. 2001-152 of 19 February 2001 of Article L. 225-197-1 of this Code,Article L. 3324-10 of the Labour Code, section 31-2 of Order No. 2014-948 of 20 August 2014 relating to the governance and operations on the capital of public-participation corporations andArticle 11 of Act No. 86-912 of 6 August 1986 relating to the modalities of privatization, in its drafting prior to the entry into force of theOrder No. 2014-948 of 20 August 2014 referred to above. »
IV.-The I of Article L. 225-197-1 of the same code is amended as follows:
1° The third, fourth and two last sentences of the second subparagraph are deleted;
2° After the same second preambular paragraph, a sub-item reads as follows:
"The percentages mentioned in the second paragraph are increased to 30% when the award of free shares benefits all employees of the company. Beyond the percentage of 10% or 15%, the difference between the number of shares distributed to each employee cannot exceed one to five. » ;
3° At the beginning of the third paragraph, the word "She" is replaced by the words "The Extraordinary General Assembly";
4° In the first sentence of the fifth paragraph, the words "two years" are replaced by the words "one year";
5° The sixth preambular paragraph is amended to read:
(a) In the first sentence, the words "fixed also" are replaced by the words "can also fix";
(b) At the end of the second sentence, the words "but cannot be less than two years" are deleted;
6° The seventh preambular paragraph reads as follows:
"The cumulative duration of acquisition and retention periods cannot be less than two years. »
V.-In the first paragraph of Article L. 3332-14 of the Labour Code, the word "fifth" is replaced by the word "sixth".
VI.-A the third sentence of the first paragraph of section 32-3 of Act No. 90-568 of 2 July 1990 on the organization of the public service of the post and France Télécom, the word "fifth" is replaced by the word "sixth".
VII.-I to IV shall apply to free shares authorized by a decision of the extraordinary general assembly after the publication of this Act.
VIII.-LArticle L. 225-197-1 of the Commercial Code, in its writing resulting from this article, is applicable in the Wallis and Futuna Islands.
At the end of the second sentence of the second paragraph of Article L. 512-1 of the Insurance Code, the words: "grouping the professions of the insurance concerned" are replaced by the words: " composed of members from the fields of insurance, bank and finance".
I.-The second paragraph of Article L. 131-1 of the Insurance Code is replaced by six paragraphs as follows:
"In terms of life insurance or capitalization operation, the guaranteed capital or annuity may be expressed in units of account consisting of securities or assets offering sufficient protection of the invested savings and on a list prepared by decree in the Council of State. The contractor or beneficiary obtains the cash settlement. Remitting securities or shares, in accordance with eligible assets in the representation of commitments in units of account, is possible in accordance with the following conditions:
« 1° The Contractor or Recipient may opt for the issuance of securities or shares where they are negotiated in a regulated market, with the exception of securities or shares that directly confer the right to vote to the general meeting of the shareholders of a corporation listed in the official rating of a stock exchange. In the event that a collective investment organization in securities or a collective investment under subsections 1 and 2, sub-paragraph 2 of subsection 5 and paragraph 6 of subsection 2, paragraph 2 or subsection 1 of subsection 1 of subsection 3 of section 2 of chapter IV of the title I of the monetary and financial code has been split up under sections L. 214-733
« 2° The contractor may opt irrevocably at any time, with the insurer's agreement, for the handover of untraded securities or shares in a regulated market, including shares of mutual funds of risk or non-negotiable investments, at the time of redemption of the commitments expressed in a unit of account of a contract.
"A beneficiary designated by the contract may also, under conditions defined by decree in the Council of State, opt irrevocably for the surrender of such securities or shares in the event of the exercise of the beneficiary clause. The exercise of this option by the beneficiary does not result in acceptance of the benefit of the contract, as defined in section L. 132-9 of this code.
"This payment in non-negotiable or non-negotiable securities or shares in a regulated market can only be effected by securities or shares that do not confer a right to vote and only on the condition that the contractor, his or her spouse, their ascendants, their descendants or their brothers and sisters have not held, directly or indirectly, in the five years preceding the payment, securities or shares of the same entity as those
« 3° The contractor or a beneficiary designated by the contract may also irrevocably opt for the handover of shares or shares of alternative investment funds referred to in 1° under the conditions set out in 2°. »
II.-The I shall apply to contracts entered into force from the date of the coming into force of this Act and to contracts in progress.
The first paragraph of Article L. 213-14 of the monetary and financial code is as follows:
"The obligations issued by the associations under the conditions set out in this subsection are intended to meet development and funding needs and not to distribute to their subscribers surplus management constituted by the issuing associations. »
The monetary and financial code is thus amended:
1° After the first sentence of the first paragraph of article L. 214-34, a sentence is inserted as follows:
"In an incidental capacity, real estate collective investment organizations may acquire, directly or indirectly, for the purpose of leasing, furniture, equipment or any movable property that is assigned to inmate buildings and is necessary for the operation, use or operation of inmate buildings by a third party. » ;
2° Article L. 214-36 is amended as follows:
(a) At 1°, after the word "lease", the words are inserted: "as well as furniture, equipment or movable goods assigned to these buildings and necessary for the operation, use or operation of these buildings by a third party,"
(b) At the b of 2° and 3°, after the first occurrence of the word "lease", are inserted the words: "as well as furniture, equipment or furniture assigned to these buildings and necessary for the operation, use or operation of these buildings by a third party,"
3° At the 1st of Article L. 214-51, after the word: "real estates" are inserted the words: ", including rents from furnished properties".
I.-Article L. 312-20 of the Monetary and Financial Code, in its writing resulting from article 1 of Act No. 2014-617 of 13 June 2014 on inactive bank accounts and life insurance contracts in disinherence, is thus amended:
1° The 1° of the I is supplemented by a sentence as follows:
"For housing savings plans that the licensee has no other account in the same credit institution, the ten-year period is increased to twenty years from the date of the last payment; »
2° The III is supplemented by a 3° as follows:
« 3° Ten years from the date of their deposit to the Caisse of deposits and consignations pursuant to 1° of the I for the housing savings plans of which the licensee has no other account in the same credit institution. »
II.-On the 1st of Article 13 of Act No. 2014-617 of 13 June 2014 referred to above, is supplemented by a sentence as follows:
"This period is between twenty and thirty years for the housing savings plans mentioned in I of Article L. 312-20 of the Monetary and Financial Code. »
III.-At the beginning of the penultimate paragraph III of Article L. 315-5-1 of the Construction and Housing Code, the words are added: "In the event of a breach of the legislative and regulatory provisions relating to housing savings loans,".
IV.-The book of tax procedures is amended as follows:
1° After the article L. 83 D, an article L. 83 E is inserted as follows:
"Art. L. 83 E.-The corporation referred to in last paragraph of Article L. 312-1 of the Construction and Housing Code may communicate to the tax administration, spontaneously or upon request, all information and documents collected as part of its mission referred to in Article L. 315-5-1 of the same code. » ;
2° After the article L. 103 B, an article L. 103 C is inserted as follows:
"Art. L. 103 C.-The administration may communicate to the corporation referred to in last paragraph of Article L. 312-1 of the Construction and Housing Code, without unaware of the rule of professional secrecy, information intended to enable it to fulfill its mission of control of housing savings operations. »
V.-Article L. 316-3 of the Construction and Housing Code is amended as follows:
1° At the beginning of the 1st it is added the word "On" ;
2° In the third sentence of the last paragraph, the words: "society for the management of the guarantee fund for social accession because of the activities carried out under the third paragraph of Article L. 312-1, of Article L. 315-5" are replaced by the words: "society referred to in the last paragraph of Article L. 312-1 because of the activities carried out under the third paragraph of Article L. 312-1, of Article L.
I. - The general tax code is amended as follows:
A. - Article 163 bis G is amended as follows:
1° The second paragraph of I is amended as follows:
(a) After the word: "society", the words are inserted: "in which he has benefited from the attribution of the good";
(b) Is added a sentence as follows:
"For the assessment of the duration of this activity, it shall be taken into account, for the beneficiaries mentioned in the first paragraph of the second paragraph of the second paragraph of the second paragraph of the second paragraph of the second paragraph of the second paragraph of the second paragraph, of the period of activity that may be carried out within the parent company. » ;
2° II is thus amended:
(a) The first paragraph is replaced by three subparagraphs:
“II. - Shared companies may assign subscription vouchers from corporate creators, inceivable and issued under the conditions laid down in articles L. 228-91 and L. 228-92 of the Commercial Code, to employees of their employees and their executives subject to the employee tax system.
"They can also assign these vouchers to employees and leaders subject to the tax system of the employees of the companies of which they hold at least 75% of the capital or voting rights.
"For the application of the first two paragraphs of this II, the companies referred to in the first paragraph must comply with the conditions set out in 1 to 5. Subsidiaries referred to in the second paragraph must comply with the same conditions except as provided for in the second paragraph. » ;
(b) In the last sentence of 2, the words "the Community" are replaced by the words "the Union";
(c) These are added from 4 and 5:
“4. For companies whose securities are admitted to negotiations on a market of French or foreign financial instruments whose operation is assured by a market company or an investment service provider or any other similar foreign agency, or are admitted to negotiations on such a market of a State party to the agreement on the European Economic Area, the market capitalization of the company, evaluated according to the terms fixed by decree in the Council of State, in particular in the case of first trading
« 5. The company has been registered in the trade and corporate register for less than fifteen years. » ;
3° The second bis is thus amended:
(a) In the first paragraph, the reference: "first paragraph" is deleted;
(b) The 3° and 4° are added:
« 3° A corporation created as part of a concentration, restructuring, extension or resumption of pre-existing activities may assign vouchers, subject to the following conditions:
“(a) All companies involved in the operation meet the conditions set out in 1 to 5 of II;
“(b) Compliance with the condition referred to in 4 of II is appreciated, as a result of the operation, by massing the capitalization of all companies from the operation that meet the conditions of this section;
"(c) Compliance with the condition referred to in 5 of II is appreciated, for companies arising from the transaction, taking into account the date of registration of the oldest of the companies involved in the transaction;
« 4° In the case where a company assigns vouchers to the persons mentioned in the second paragraph of II, the compliance with the condition mentioned in 4 of the same II is appreciated by making the capitalization of the attributing company and that of its subsidiaries whose staff has benefited from distributions by the attributing company over the last 12 months. » ;
B. - In the first paragraph of Article 154 quinquies, the words: "of gains and benefits imposed under the conditions provided for" are replaced by the words: "of surplus-values, gains and benefits imposed under the conditions laid down in Article 39 quindecies, Article 163 bis G,"
C. - In the second sentence of the first paragraph I of Article 182 A ter, the reference: "I of Article 163 bis G" is replaced by the reference: "II of Article 163 bis G".
II. - A. - The A of I applies to the vouchers awarded from the publication of this Act.
B. - The B of the I applies from the taxation of revenues for the year 2015.
Article 39 decies of the general tax code is thus restored:
"Art. 39 decies.-Companies subject to corporate tax or income tax under a real tax regime may deduct from their taxable result an amount equal to 40% of the original value of non-financial property, assigned to their business and that they acquire or manufacture effective April 15, 2015 and up to April 14, 2016 when such property is subject to a depreciation under the plan
"1° Materials and tools used for industrial manufacturing or processing operations;
"2° Handling equipment;
« 3° Installations for water purification and atmospheric sanitation;
« 4° Steam, heat or energy production facilities with the exception of the facilities used in an electrical energy production activity benefiting from the application of a regulated production purchase tariff;
"5° Materials and tools used in scientific or technical research operations.
"The deduction is distributed linearly over the normal period of use of property. If the property is disposed of before the end of this period, it is acquired to the company only to the amounts already deducted from the result on the date of the assignment, which are calculated pro rata temporis.
"The company that leases a new property referred to in the first paragraph of this section under the conditions provided for in this section 1 of Article L. 313-7 of the Monetary and Financial Code pursuant to a lease agreement or as part of a lease contract with a purchase option, entered into on or after April 15, 2015 and until April 14, 2016, may deduct an amount equal to 40% of the original value of the property excluding financial costs, at the time of signing the contract. This deduction shall be apportioned over the period referred to in the seventh paragraph of this article. If the credit or tenant acquires the property, it may continue to apply the deduction. The deduction ceases from the assignment or termination by the deduction of the lease or lease contract with purchase option or property and cannot apply to the new operator.
"The company that gives the property in a lease or lease with a purchase option cannot make the deduction referred to in the first paragraph. »
The same code is amended:
1° In the third sentence of the second paragraph of Article 199 terdecies-0 A, the word "tenth" is replaced by the word "seventh";
2° In the last paragraph of 1 of Article 885-0 V bis, the word "tenth" is replaced by the word "seventh".
The IV of article 199 terdecies-0 A of the same code is supplemented by three paragraphs as follows:
"In the event of non-compliance with the retention condition set out in the second paragraph of this IV as a result of a merger or split within the meaning of section 817 A, the tax benefit referred to in 1° of this section granted under the current year and those prior to these transactions is not questioned if the securities received in counterparty are retained until the same term. This tax benefit is also not questioned when the retention condition in the second paragraph of the IV is not met as a result of a cancellation of the securities due to losses.
"In the event of non-compliance with the condition of retention set out in the same second paragraph of the IV in the event of an assignment required by a shareholder or shareholder pact, the tax benefit mentioned in the 1st of the I granted under the current year and those preceding such transactions is not questioned if the selling price of the securities transferred, reduced the taxes and taxes generated by the transferee, is fully reclaimed This subscription cannot give rise to the tax benefit provided for in 1° of said I.
"In the event of non-compliance with the retention condition provided for in the second paragraph of the IV in the case of a public offer for the exchange of securities, the tax benefit referred to in the 1st of the I granted under the current year and those prior to that transaction shall not be questioned if the securities obtained during the exchange are securities of companies satisfying the conditions mentioned in the 2nd paragraph of the same I and if the term increases The subscription of securities by means of the exchange relief cannot give rise to the tax benefit provided for in 1° of said I."
I.-The first paragraph of Article L. 214-154 of the monetary and financial code is as follows:
"A specialized professional fund takes the form of a SICAV, a joint investment fund or a single limited partnership. Depending on the case, its name is then, respectively, that of “specialized professional investment company”, “specialized professional investment funds” or “free partnership company”. The free partnership is subject to subparagraph 3 of this paragraph. »
II.-Paragraph 2 of subsection 3 of section 2 of chapter IV of title I of Book II of the same code is supplemented by a sub-paragraph 3, as follows:
« Sub-Paragraph 3
“Free Partnership Corporation
"Art. L. 214-162-1.-I.-The first paragraph of the article L. 221-3 and articles L. 221-7, L. 222-4, L. 222-5, L. 222-7 to L. 222-9, L. 222-12 and L. 232-21 the trade code is not applicable to free partnership companies.
"The other provisions concerning the single-compartment partnership are applicable to the free partnership corporation subject to this subparagraph. Book VI of the Commercial Code and articles L. 214-155 and L. 214-157 of this Code are not applicable to free partnership companies.
“II.-The corporate name of the free partnership is preceded or followed immediately by the words “free partnership” or “S. L. P.”
"III.-One or more managers, whether associated or not, are designated under the conditions provided by the statutes.
"IV.-The shares of the sponsored partners may be subscribed and acquired by any natural or legal person or entity authorized by the statutes.
"V.-The articles L. 214-24-29 to L. 214-24-42, L. 214-24-45 and L. 214-24-46, L. 214-24-48, L. 214-24-49, L. 214-24-52, L. 214-24-62 and L. 214-25 do not apply to free partnership companies.
"VI.-Subscription and acquisition of sponsorship shares are reserved:
« 1° To investors mentioned in Article L. 214-144;
« 2° To the manager, the management company and the commissioners or any company performing management benefits directly or indirectly, as well as to their leaders, employees or any natural or legal person acting on their behalf;
« 3° To investors whose initial subscription or acquisition is at least € 100,000.
"VI.-The depositary or the person designated for this purpose by the statutes of the free partnership corporation shall ensure that the subscriber or purchaser of the shares is an investor defined in VI.
"It also ensures that the subscriber or purchaser has indeed stated that they have been informed of what this company was under this subparagraph.
"Art. L. 214-162-2.-A free partnership corporation may, under the conditions provided by the statutes, delegate the overall management of its portfolio to a portfolio management company. This mission alone does not confer on this company or manager the quality of manager of the free partnership company.
"The portfolio management company has the power to make any decisions on portfolio management, including the representation power of the free partnership corporation to that effect.
"Art. L. 214-162-3.-I.-A sponsoring partner may not make any external management action, except in the case of manager or company management, and in this sole capacity. In this case,Article L. 222-6 of the Commercial Code does not apply. Do not constitute acts of management, including the exercise of the prerogatives of partners, the advice and advice given to the corporation, its affiliated entities or their managers or their leaders, the acts of control and supervision, the granting of loans, guarantees or security rights or any other assistance to the corporation or its affiliated entities, as well as the authorizations given to the managers in the cases provided for by the authorities
"II.-The manager(s) is responsible for either infringements of the legal or regulatory provisions applicable to the corporation, or violations of the statutes or faults committed in their management.
"Art. L. 214-162-4.-In the conditions defined by the statutes, liability for third parties of the centralization of orders of subscription and of redemption of shares of the free partnership corporation is vested in either the manager, or the management company, or the depositary, or an authorized investment service provider to provide one of the services referred to in Article L. 321-1. The entity to whom this responsibility is entrusted has adequate and adequate means to ensure this function.
"Art. L. 214-162-5.-The manager designates the auditor of the free partnership corporation for six years, in accordance with theArticle L. 823-1 of the Commercial Code, after agreement of the Autorité des marchés financiers. The designation of an alternate auditor is not required.
"The partners of the free partnership exercise the rights recognized to shareholders by articles L. 823-6 and L. 823-7 of the same code.
"The External Auditor shall bring to the attention of the manager the irregularities and inaccuracies he has identified in the performance of his mission.
"Art. L. 214-162-6.-I.-The statutes of the free partnership are published by extract in the trade and corporate register. The mentions to be included are defined by decree.
"II.-The statutes of the free partnership company and the documents for the information of the partners are written in French. However, under conditions and limitations established by the general regulation of the Autorité des marchés financiers, and with the exception of the extract mentioned in I, they may be written in a standard language in financial matters other than French.
"Art. L. 214-162-7.-By derogation from articles L. 214-24-55 and L. 214-24-56, the statutes determine the rules of investment and commitment of the free partnership company.
"The free partnership corporation may own property under the conditions set out in Article L. 214-154.
"The asset may also include representative rights of a financial investment issued on the basis of French or foreign law, as well as advances in current account made, for the duration of the investment carried out, to companies in which the free partnership holds an interest.
"Art. L. 214-162-8.-I.-By derogation from titles II and III of Book II and title II of Book VIII of the Commercial Code, the following provisions apply to the free partnership:
« 1° The statutes of the free partnership company provide for the issuance and release of shares and securities. The shares issued by the company are nominal.
"If the partner fails to release the amounts to be paid on the amount of the shares held under the conditions laid down in the statutes, the manager may, one month after a stay, proceed in full right to the assignment of these shares or to the suspension of any distribution.
"Under the conditions they determine, the statutes may foresee against the partner failing to suspend his non-monetary rights until the full payment of the sums due.
“The statutes may provide that, when the shares are assigned, the subscriber and successive assignees are held in solidarity with the amount not released from them;
« 2° Any in-kind input is appreciated by the External Auditor under his responsibility;
« 3° The statutes of the free partnership corporation determine the decisions that must be taken collectively by the partners in the forms and conditions they provide.
"However, any decisions that alter the social object, the merger, absorption, splitting, transformation or liquidation of the company are adopted collectively by the sponsoring partners, under the conditions provided for by the statutes and with the agreement of the partner(s).
"The decisions taken in violation of the second paragraph of this 3rd may be annulled at the request of any interested person;
« 4° Each partner has a number of votes in proportion to the shares it owns, unless otherwise stipulated in the statutes.
"II.-The statutes of the free partnership corporation may provide for shares giving rise to different rights over all or part of the assets of the corporation or its products. The shares may also be differentiated according to the provisions provided for in the second paragraph of Article L. 214-24-25 or under the conditions provided for by the statutes.
"III.-The statutes of the free partnership society determine:
« 1° The minimum periodicity and the method of establishing the liquidative value;
« 2° Conditions and procedures for amending the statutes.
"IV.-By derogation from the provisions applicable to the single limited partnership, the shares of the limited partners are negotiable financial securities.
"By derogation from Article L. 211-14 of this Code, the shares of the partners are not negotiable. The assignment of the shares of the sponsored partners must be recorded in writing. It is made enforceable to the corporation by the filing of an original or certified copy of the certificate of assignment at the head office against the handover of a certificate of the deposit, or in the forms provided for in the formArticle 1690 of the Civil Code. It is enforceable to third parties after these formalities are completed.
"The company's statutes may provide for terms of approval, inalienability, preferably, withdrawal and forcible transfer under the conditions and terms and conditions, including prices, provided for by the statutes. Any assignment made in violation of statutory clauses is void. These clauses are adopted or amended by a collective decision of the partners under the conditions provided for in the statutes.
"V.-Without prejudice to Title III of Book II of the Commercial Code, the liquidation conditions and the distribution of the liquidation voucher are freely determined by the statutes of the free partnership. The manager or any person designated for that purpose in accordance with the Regulations shall assume the functions of liquidator; If the liquidator fails to do so, the liquidator shall be tried at the request of any interested person.
"Art. L. 214-162-9.-I.-A free partnership company may include one or more compartments if its statutes provide for it. When one or more compartments are established within a free partnership company, they are subject individually to the provisions applicable to free partnership companies.
"II.-By derogation fromArticle 2285 of the Civil Code and unless otherwise stipulated by the statutes of the free partnership company, the assets of a specified compartment only meet debts, commitments and obligations and receive only claims relating to that compartment.
"III.-Each compartment is subject to separate accounting, which can be held in any monetary unit under conditions fixed by decree.
"Art. L. 214-162-10.-The statutes of the free partnership firm set the duration of the accounting exercises, which cannot exceed twelve months. However, the first exercise may extend over any period not exceeding eighteen months.
"In a period of eight weeks from the end of each semester of the fiscal year, the manager of the free partnership company establishes the inventory of the assets under the control of the depositary.
"The company is required to communicate to the partners, at their request, the composition of the assets within eight weeks of the end of each semester of the fiscal year. The Accounts Commissioner controls the composition of the assets before publication.
"The manager(s) must, at least once in the year, report their management to the partners, if any under the conditions set out in the statutes.
"The free partnership corporation shall prepare an annual report under the conditions set out in section L. 214-24-19 and a semi-annual report covering the first six months of the fiscal year.
"These reports are made available to the partners, at no cost, within the deadlines set by decree.
"The prospectus is composed of the statutes of the free partnership company in the manner specified by the general regulation of the Autorité des marchés financiers.
"Art. L. 214-162-11.-The statutes freely set the conditions for the distribution of all or part of the assets of the free partnership corporation, including the reimbursement of contributions to the partners and the conditions under which the free partnership corporation may apply for their total or partial return.
"Art. L. 214-162-12.-The IAFs governed by this paragraph may be transformed without dissolution into a free partnership corporation under the conditions defined by the IAF statutes or by the IAF regulations.
"Existing shareholders or shareholders become sponsors. »
III.-The article L. 651-2 of the Social Security Code is supplemented by a 12° as follows:
« 12° Free partnership companies governed by theArticle L. 214-154 of the Monetary and Financial Code. »
IV.-The general tax code is amended as follows:
1° The beginning of the first paragraph of Article 242 quinquies is thus written: "I.-The management company of a joint venture investment fund or a professional investment capital fund or the manager of a free partnership corporation whose regulation or statutes provide that shareholders or partners may benefit from the tax benefits provided for in 2° of 5 of Article 38 and Articles 163 quinquies B, » ;
2° In Article 730 quater, the words: "and professional investment capital funds" are replaced by the words: ", professional investment capital funds and free partnership companies";
3° In article 832, after the word "investment", the words "or free partnership societies" are inserted;
4° After article 1655 sexies, it is inserted an article 1655 sexies A as follows:
"Art. 1655 sexies A.-For the taxation of their profits and that of their partners, the free partnership companies mentioned in theArticle L. 214-154 of the Monetary and Financial Code are equivalent to a professional investment capital fund in the form of a joint investment fund for the purposes of this code and its annexes and are subject to the same reporting obligations as these funds. » ;
5° In the first sentence of the first subparagraph of 1 and 1 bis of Article 1763 B, after the word "investment", the words "or the manager of a free partnership society" are inserted;
6° The beginning of the first sentence of the first paragraph of section 1763 C is as follows: "When the administration determines that a joint venture capital fund, a professional investment capital fund or a free partnership corporation whose regulation or status provides that shareholders or associates may benefit from the tax benefits provided for in 2° of 5 of section 38 and 163 quinquies B, 150-0 A, 209- A and 219 did not meet its investment quota under 1° of II of Article 163 quinquies B, the fund management company or the manager of the free partnership company is liable... (the rest without change). » ;
7° In the penultimate sentence of the b of Article 39 quinquies D and to the c of 2° of Article 199 ter C, after the words: "Common funds for risk investments", are inserted the words: "Specialized professional funds under theArticle L. 214-37 of the monetary and financial codein his earlier writingOrder No. 2013-676 of 25 July 2013 amending the legal framework for asset management, professional investment capital funds, free partnership companies,"
8° in the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the article of the second sentence of the article of the second sentence of the article of the second sentence of the article
9° In the first section of 242 ter C, after the words: "risk-capital companies" are inserted the words: "the managers of free partnership societies" and, after the words: "the management of such funds", are inserted the words: "or free partnership societies";
10° The third paragraph of Article 244 bis B is supplemented by two sentences as follows:
"The 25% threshold is valued by making the sum of the rights held directly and indirectly by the persons or organizations mentioned in the first sentence of this paragraph, in the company referred to in f I of Article 164 B. The indirectly held rights are determined by multiplying the percentage of the rights of these individuals and organizations in the distribution entities by the percentage of their rights in the society mentioned in the same f."
11° At the 2nd of the 2nd of the I bis of Article 990 I, after the words: "professional capital funds", are inserted the words: "or free partnership societies".
In the first sentence of the first paragraph of Article L. 214-164 of the monetary and financial code, after the word "ethics" are inserted the words: "as well as those of the types of enterprises financed".
The second paragraph of Article L. 214-165 of the same code is amended as follows:
1° The first sentence is deleted;
2° At the beginning of the second sentence, the word "He" is replaced by the words "The settlement of the fund".
I.- Title III of Book I of the Social Security Code is amended as follows:
1° The 10th sexies of Article L. 135-3 is repealed;
2° Section 2 of Chapter VII is repealed.
II.-The I is applicable to employer payments on or after January 1, 2016.
I.- Both last paragraphs of Article L. 137-16 of the Social Security Code, in its drafting pursuant to section 171 of this Act, are replaced by three paragraphs as follows:
"The rate of contribution referred to in Article L. 137-15 of this Code is set at 16% for payments from interest and participation as well as for contributions from the companies referred to in this Code. first paragraph of Article L. 3334-6 of the Labour Code and paid on a collective pension savings plan, the regulations of which meet the following conditions:
« 1° The amounts collected are affected by default under the conditions provided for in the second paragraph of Article L. 3334-11 of the same code;
« 2° The allocation of savings is allocated to the acquisition of shares of funds, under conditions set by decree, which comprise at least 7% of securities that may be used in a Share Savings Plan for the financing of small and medium-sized enterprises and intermediate-sized enterprises, under the conditions specified in theArticle L. 221-32-2 of the Monetary and Financial Code. »
II.-Section 9 of Chapter VII of Title III of Book I of the same Code is supplemented by a re-established article L. 137-17:
"Art. L. 137-17.-The proceeds of the contribution referred to in Article L. 137-15 shall be paid:
« 1° To the National Old Age Insurance Fund, for a fraction of 80%;
« 2° To the fund referred to in Article L. 135-1, for a fraction of 20%. »
III.-A la first sentence of the last paragraph of Article L. 214-164 of the monetary and financial code, the rate: "5%" is replaced twice by the rate: "10%".
I.-Article L. 3315-2 of the Labour Code is supplemented by a paragraph to read as follows:
"When the employee and, where applicable, the beneficiary referred to in the 1st of Article L. 3312-3 does not request the payment, in whole or in part, of the amounts attributed to them under the interest, or their assignment to the plan provided for in the first paragraph of this Article, their share of interest shall be assigned to them under the conditions specified in the agreement referred to in Article L. 3312-5. This agreement specifies the terms and conditions of the employee's information on this assignment. In the absence of precision in the agreement, these terms and conditions are determined by decree. »
II.-The I of this Article shall apply to rights of interest granted on or after January 1, 2016.
III.-For interest rights granted between January 1, 2016 and December 31, 2017, the employee and, where applicable, the beneficiary referred to in 1° of Article L. 3312-3 of the Labour Code may request the release of their interest within three months of the notification of their assignment on a pay savings plan under the conditions set out in I of this Article. Where applicable, the corresponding fees shall be calculated on the basis of the liquidative value applicable to the date of the withdrawal procedure provided for in the same I.
I.-The Labour Code is amended as follows:
1° The first paragraph of Article L. 3324-12 is supplemented by a sentence as follows:
"The portion of the quota allocated in the collective pension savings plan is invested in accordance with the second paragraph of Article L. 3334-11. » ;
2° The second paragraph of Article L. 3334-11 is supplemented by a sentence as follows:
"In the absence of an explicit choice from the participant, its payments in the collective pension savings plan are allocated according to this allowance. »
II.-This section applies to payments made on a collective pension savings plan effective January 1, 2016.
The second paragraph of Article L. 3334-6 of the Labour Code is replaced by five paragraphs as follows:
"In addition, if the plan regulations provide, companies may, even in the absence of an employee's contribution:
« 1° Make an initial payment on this plan;
« 2° Perform periodic payments on this plan, subject to a uniform allocation to all employees. The periodicity of these payments is specified in the plan regulations.
"The annual payment limits are set by decree.
"These payments are subject to the same social and fiscal regime as the contributions of the companies referred to in the first paragraph of this article. They respect Article L. 3332-13. »
I.-At the end of the first sentence of the first paragraph of Article L. 3314-9 of the same code, the words: "last day of the seventh month following the closing of the fiscal year produces interest calculated at the legal rate" are replaced by the words: "last day of the fifth month following the closing of the fiscal year produces a delayed interest of 1.33 times the rate fixed at theArticle 14 of Act No. 47-1775 of 10 September 1947 bearing the status of cooperation".
II.-Aux first and last sentences of the first paragraph of Article L. 3324-10 of the same code, the words: "of the opening of these rights" are replaced by the words: "of the first day of the sixth month following the exercise under which the rights are born".
III.-I and II shall apply to the rights to interest and participation of employees in the results of the undertaking awarded for the years ended after the publication of this Act.
Article L. 3322-9 of the Labour Code is amended as follows:
1° At the end of the first paragraph, the year: "2009" is replaced by the year: "2017";
2° In the second paragraph, after the word "branch", the words "referred to in Article L. 3323-6" are inserted and the words "in accordance with the terms set out in Article L. 3322-6" are deleted;
3° In the last paragraph, the year: "2007" is replaced by the year: "2016".
Chapter II of Title I of Book III of Part III of the Code is thus amended:
1° After the first paragraph of Article L. 3312-2, it is inserted a paragraph as follows:
"A company employing less than fifty employees can benefit from an interest device that the branch has concluded. » ;
2° The second sentence of Article L. 3312-8 is deleted;
3° An article L. 3312-9 is added as follows:
"Art. L. 3312-9.-An interest regime, established in accordance with the terms set out in sections L. 3312-1 to L. 3312-4, is negotiated by branch, by 30 December 2017. It is adapted to the specificities of companies employing less than fifty employees within the branch.
"The companies of the branch referred to in Article L. 3312-8 may opt for the application of the agreement so negotiated.
"In the absence of an initiative of the employers' party by December 31, 2016, the negotiation is undertaken within fifteen days of the request of a representative employee organization. »
The first paragraph of article L. 3322-3 of the same code is as follows:
"When a company that has entered into an interest agreement is employed at least fifty employees, the obligations set out in this section shall apply only in the third fiscal year after the threshold for participation is passed, if the agreement is applied without discontinuity during that period. »
In article L. 3332-3 of the same code, after the word "personal", the words ", concluded under the conditions laid down in article L. 3322-6".
The first sentence of the first paragraph of article L. 3322-2 of the same code is as follows:
"Companies usually employing at least fifty employees for twelve months, consecutive or non-consequential, over the past three years, guarantee the right of their employees to participate in the company's third fiscal year results. »
The last paragraph of section L. 3332-17 of the same code is supplemented by the words: "or by a collective real estate investment organization referred to in paragraph 3 of subsection 2 of section 2 of chapter IV of title I of Book II of the same code".
Article L. 3333-7 of the same code is amended as follows:
1° In the second paragraph, the words: "foresee that an avender relating to the 2°, 3° and 5° of the regulation of this plan may be validly concluded if it is ratified by a majority" are replaced by the words: " validly be amended to incorporate legislative or regulatory provisions after the institution of the plan or new provisions relating to the 2°, 3° and 5° of the regulation of this plan in accordance with Article L. 3333 is made-3
2° The last paragraph is amended to read:
(a) The first sentence is as follows:
"The amendment in the second paragraph of this Article shall apply to the condition that the majority of stakeholder undertakings do not object to it within one month of the date of the information being sent and, for each undertaking, from the first fiscal year following the date of the information being sent. » ;
(b) The last sentence is deleted.
Section L. 3334-2 of the same code is amended as follows:
1° In the first sentence of the first paragraph, the words: "by collective agreement under the conditions set out in Book II of Part II" are replaced by the words: "in one of the terms referred to in Article L. 3322-6. The plan can be put in place";
2° In the second sentence of the second paragraph, after the word "hears", the words are inserted: "submit to the ratification of the staff under the conditions laid down in article 4 L. 3322-6 or".
I. - At the first sentence of the second paragraph of Article L. 3334-8 of the same code, the word "five" is replaced by the word "ten".
II. - The first sentence of the last paragraph of Article L. 3332-10 of the same code is amended as follows:
1° After the words: "time saving" are inserted the words: "and the amount of the sums corresponding to days of rest not taken";
2° The words "is not" are replaced by the words "are not".
Article L. 3341-6 of the same code is amended as follows:
1° At the end, the words: "all of these devices" are replaced by the words: "the devices put in place within the company";
2° It is added a paragraph to read:
"The pay savings book is also brought to the attention of staff representatives, if any as part of the economic and social database established pursuant to Article L. 2323-7-2. »
Article L. 3341-7 of the same code is supplemented by a paragraph as follows:
"At the time of the company's departure, this summary statement informs the recipient that the maintenance costs are borne either by the company or by debits of the assets. »
At the beginning of the penultimate paragraph of article L. 3346-1 of the same code, is added a sentence as follows:
"It is seized by the Government of any bill or order to unlock wage savings. »
The last paragraph of Article L. 3312-5 of the same code is amended as follows:
1° The references: "to 1°, 2° and 3°" are replaced by the reference: "to this article";
2° After the word "renewal" the words "for a duration of three years".
Article L. 511-6 of the monetary and financial code is amended as follows:
1° After the 3rd it is inserted a 3 bis as follows:
"3 bis. To equities or limited liability companies whose accounts are certified by an auditor who, incidentally to their main activity, consent to loans to micro-enterprises, small- and medium-sized enterprises or to medium-sized enterprises with which they maintain economic ties that justify it. The granting of a loan may not have the effect of imposing payment times on a trading partner that do not meet the legal limits set out in the articles L. 441-6 and L. 443-1 Commercial code. A decree in the Council of State sets out the conditions and limits in which these societies can grant these loans.
"The loans thus granted are formalized in a loan contract, subject, as the case may be, to articles L. 225-38 to L. 225-40 or to articles L. 223-19 and L. 223-20 of the same code. The amount of loans granted is disclosed in the management report and is subject to an attestation by the External Auditor in accordance with the terms and conditions provided by decree in the Council of State.
"Despite any provision or stipulation to the contrary, receivables held by the lender may not be acquired by a securitization agency referred to in Article L. 214-168 of this Code or a specialized professional fund referred to in Article L. 214-154 or be the subject of contracts constituting financial instruments for term or transferring insurance risks to these same organizations or funds. » ;
2° After the reference: "L. 518-1", the end of the second paragraph of 5 is replaced by a sentence as follows:
"They may also be financed by borrowed resources, free of charge and for a period not less than two years, by legal persons other than those mentioned in this paragraph or by natural persons, duly notified of the risks involved. »
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order within nine months of the promulgation of this Act, all measures within the scope of the law to:
1° Amend chapter III of title II of Book II of the monetary and financial code, in particular to strengthen the protection of subscribers and to specify the obligations of the issuers of vouchers, and to take any necessary coordination measures;
2° Adapt the provisions on participatory financing and those of chapters I and III of title I of book II, article L. 312-2 and section 2 of chapter I of title I of book V of the monetary and financial code, in particular to allow the intermediation of the vouchers defined in chapter III of title II of book II of the same code or to facilitate the intermediation of the titles of receivables within the framework of the financing
I. - Article L. 144-1 of the monetary and financial code is amended as follows:
1° In the second paragraph, after the words: "financing companies", the words are inserted: "to insurance companies, mutual funds and insurance institutions that invest in loans and securities assimilated under the conditions, respectively, by the insurance code, code of mutuality and Social Security Codeto management societies defined by decree;
2° At the end of the penultimate paragraph, the words: "of these companies" are replaced by the words: "of the entities mentioned in the second and third paragraphs when they grant loans, invest in loans and similar securities or carry out credit or bond insurance transactions";
3° In the last paragraph, the words "of these companies" are replaced by the words "of insurance companies mentioned in the third paragraph";
4° It is added a paragraph to read:
"A decree sets out the modalities for the application of the second and fourth paragraphs to insurance companies, mutual funds and insurance institutions and management companies. »
II. - Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order, within twelve months of the promulgation of this Act, the measures in the area of the law in order to develop the mechanisms for monitoring the financing of the enterprises established by the Bank of France and the Autorité des marchés financiers.
In the first paragraph of Article L. 511-6 of the monetary and financial code, after the word: "reinsurance," the words are inserted: "not the institutions of foresight governed by Title III of Book IX of the Social Security Code," and the words: "for transactions referred to in Article L. 111-1 of the said Code" are deleted.
I.-After the second paragraph of Article L. 137-16 of the Social Security Code, two paragraphs are inserted:
"This rate is also set at 8% for the amounts paid for the participation in the results of the company referred to in Part II of Book III of the Third Part of the Labour Code and for the interest referred to in Part I of the same Book III for companies that are not subject to the obligation to establish a mechanism for the participation of employees in the results of the undertaking provided for in Article L. 3322-2 of the same code and
"The rate of 8% applies for a period of six years from the date of effect of the agreement. Companies that, as a result of the increase in their workforce, reach or exceed the number of employees mentioned in the third paragraph during that period, unless this increase results from the merger or absorption of a company or group, continue to benefit from the rate mentioned in the same third paragraph until the end of that period. In the case of splitting or transfer to a company of at least fifty employees or mergers or removals resulting in the creation of a company or group of at least fifty employees during that same period, the new legal entity is liable, from its inception, to the contribution to the rate of 20%. »
II.-The I is applicable to amounts paid as of January 1, 2016.
Within six months of the promulgation of this Act, the Government shall submit to Parliament a report on the establishment of regional rating or regional scholarship platforms in each regional metropolis, hexagon and overseas, in order to provide a tool for short regional funding circuits.
I. - The intellectual property code is amended as follows:
1° Article L. 423-1 is as follows:
"Art. L. 423-1. - Industrial property councils are allowed, under the conditions set by decree in the Council of State, to use advertising and personalized solicitation. Personalized solicitation is accompanied by general information on the right of industrial property. » ;
2° In the first and second paragraphs of Article L. 811-1, the reference: "L. 422-13 and" is deleted.
II. - After the words: "is", the end of second paragraph of section 66-4 of Act No. 71-1130 of 31 December 1971 reforming certain legal and judicial professions is thus drafted: "applicable neither to lawyers nor to industrial property councils who, in all matters, remain subject respectively to Article 3 bis of this Act and to theArticle L. 423-1 of the Intellectual Property Code. »
In Article L. 422-9 of the Intellectual Property Code, after the word "public" are inserted the words "to promote access to their benefits throughout the territory."
The first paragraph of Article L. 611-7 of the same code is amended as follows:
1° After the first sentence, a sentence is inserted as follows:
"The employer shall inform the employee making such an invention when the employee is the subject of the filing of an application for an industrial property title and when the title is issued, if any, of that title. » ;
2° In the second sentence, the words "such invention" are replaced by the words "invention belonging to the employer".
Within six months of the promulgation of this Act, the Government shall submit to Parliament a report on the impact of open innovation on the law and relevance of an adaptation of legal tools.
The Public Health Code is amended to read:
1° After the 7th of the article L. 6143-1, it is inserted an 8th grade as follows:
« 8° The stakes and creations of subsidiaries referred to in Article L. 6145-7. » ;
2° At 1° of Article L. 6143-4, the reference: "and 7°" is replaced by the references: ", 7° and 8°";
3° After the 16th of the article L. 6143-7, it is inserted a 17th issue as follows:
"17° Submit to the Supervisory Board the stakes and subsidiary creations referred to in section L. 6145-7. » ;
4° The second paragraph of Article L. 6145-7 is replaced by two subparagraphs as follows:
"University hospitals can take participations and create subsidiaries to provide services and expertise at the international level, to value research activities and their results and to exploit patents and licences, under conditions and limits set by decree in the Council of State.
"The potential shortfall in the activities referred to in the first two paragraphs is not applicable to public authorities and organizations that provide funding to institutions. »
I.-In the first paragraph of the V of articles L. 225-27-1 and L. 225-79-2 of the Commercial Code, the reference: ", of the I" is replaced by the reference: " or I";
II.-In the first paragraph of Article 1136 of the General Tax Code, the words: "registered by Title II of Act No. 86-912 of 6 August 1986 on the modalities of privatization" are replaced by the words: "established by the State and governed by Title III of Order No. 2014-948 of 20 August 2014 on the governance and operations on the capital of companies with public participation".
III.-Act No. 83-675 of 26 July 1983 on democratization of the public sector is thus amended:
1° In the first paragraph of Article 4, the words: "in the meaning of Article 1" are replaced by the words: "including representatives of employees who belong to the I of section 8 of Order No. 2014-948 of 20 August 2014 relating to governance and operations on the capital of public-participation corporations";
2° In the first paragraph of Article 6-2, the words "and societies" are deleted;
3° Article 14 is as follows:
"Art. 14.-Representatives of employees are elected, in each of the companies under this Act, by employees who meet the conditions required to be an elector in the corporate committee or in the body, taking place either in the company itself or in one of its subsidiaries including representatives of employees under the authority of the company I of Article 8 of Order No. 2014-948 of 20 August 2014 referred to above, whose head office is located in the French territory. » ;
4° In the first paragraph of Article 15 and in the first sentence of the last paragraph of Article 17, the words: "in the sense of Article 1 4" are replaced by the words: "including representatives of employees under the I of Article 8 of Order No. 2014-948 of 20 August 2014 referred to above "
Order No. 2014-948 of 20 August 2014 relating to the governance and operations on the capital of publicly owned companies is amended as follows:
1° In the first paragraph of Article 7, after the word "includes", the words "at least" are inserted;
2° Section 8 is amended as follows:
(a) At the beginning of the first paragraph, the mention is added: "I. -";
(b) After the same first preambular paragraph, it shall be inserted as follows:
“II. - The representatives of the employees shall be elected:
« 1° In each of the subsidiaries held by one of the public institutions referred to in the second paragraph of Article 7 I or by one of the companies mentioned in the first paragraph of the same I, by the employees who meet the requirements for election to the corporate committee;
« 2° In the other subsidiaries referred to in the second paragraph of the said I or in the companies referred to in the first paragraph of the same I, by the employees who meet the requirements to be an elector in the corporate committee or in the organ, taking place either in the company itself or in one of its subsidiaries comprising representatives of the employees under the said I, whose head office is located in the French territory. » ;
(c) The first sentence of the second subparagraph is amended as follows:
- at the beginning, the mention is added: "III. -"
- the reference: "previous paragraph" is replaced by the reference: "this article";
3° The first sentence of the second paragraph of Article 16 is supplemented by the words "or other equivalent provisions of the same code";
4° Section 22 is amended as follows:
(a) In the first paragraph of II, after the word "participations", the words "in the private sector" are inserted;
(b) In IV, after the word "persons" are inserted the words: ", appreciated on a consolidated basis,"
(c) The V is thus modified:
- at the end of the first paragraph, the word "article" is replaced by the word "title";
- it is added a d as follows:
"(d) Participations held by a State public institution whose main purpose is to hold securities are assimilated to participations held directly by the State. » ;
5° Section 23 is amended as follows:
(a) In the first paragraph, the reference: "in section 22" is replaced by the reference: "in this title";
(b) The 1st is supplemented by the words: "as well as the similar operations carried out simultaneously in such take-offs in favour of employees abroad";
6° Article 24 is supplemented by a paragraph to read:
"It is considered to be an acquisition transaction any company's constitution operation. » ;
7° Section 34 is amended as follows:
(a) I is thus modified:
- in the last sentence of the first paragraph, the reference: "to VI" is replaced by the references: "to a c of VI";
- after the second preambular paragraph, a subparagraph shall read:
"The General Assembly, seized under the conditions set out in the second paragraph of this I, may also decide on the composition of the entire board of directors, supervisory board or legislative body, taking place, in particular on the appointment or retention of members to whom it is to designate. » ;
(b) II is supplemented by a sub-item:
"After the deadline for compliance, any clause of the statutes contrary to this order is deemed to be unwritten. »
Before section 1 of Chapter I of Title III of the Order, an article 21-1 is inserted as follows:
"Art. 21-1. - Without prejudice to the specific provisions of Article 31-1, any operation of transfer by the State to the private sector leading to the transfer of the majority of the capital of a corporation shall be accompanied by the guarantees necessary for the preservation of the essential interests of the Nation in the areas concerned. Where applicable, the terms of reference of the tender for the sale of capital include this requirement. »
I.-On II of section 41 of the Order is repealed.
II.-The transactions by which a territorial authority or a grouping of territorial authorities transfers to the private sector the majority of the capital of a company that generates a turnover of more than 75 million euros or employing more than 500 people, valued on a consolidated basis, are decided by the legislative body of that territorial authority or of that group on the basis of the Commission on Participations and Transfers.
I. - The one.Order No. 2014-948 of 20 August 2014 on governance and operations on the capital of public participation companies is ratified.
II. - Section 2 of the same order is supplemented by a III as follows:
"III. - Sections 1 and 2, IV of section 22 and sections 23 to 31 of this Order are only applicable to transactions by which the Caisse des dépôts et consignations transfers to the private sector the majority of the capital of the companies in which it holds, directly or indirectly, an interest. »
III. - At the end of the second paragraph of Article 7 of Law No. 2003-1365 of 31 December 2003 on the obligations of public service of telecommunications and France Telecom, the words: "the direct and indirect participation of the State" are replaced by the words: "the participations of the State and the anonymous company Bpifrance and its direct and indirect subsidiaries".
1° of Article 22 of Order No. 2014-948 of 20 August 2014 referred to above is amended as follows:
1° At a, the word "mile" is replaced by the words "five cents";
2° To b, the amount: "150 million euros" is replaced by the amount: "75 million euros".
2° of Article 26 of the Order is amended as follows:
1° The word "mile" is replaced by the words "five cents";
2° The amount: "150 million euros" is replaced by the amount: "75 million euros".
At the 2nd of Article 5 of Act No. 83-675 of 26 July 1983 on the democratization of the public sector, after the word "business", the words are inserted: "because of their knowledge of the issues related to innovation and the development of innovative companies".
I.-Chapter III of Title III of Order No. 2014-948 of 20 August 2014 referred to above is supplemented by an article 31-1, as follows:
"Art. 31-1.-I.-After the publication of the decree referred to in I and II of Article 22 or of the decree referred to in Article IV of the same Article 22 and before the execution of the operation, if the protection of the essential interests of the country in matters of public order, public health, public security or national defence requires that an ordinary action of the State be transformed into a specific action accompanied by all or part of the rights
“The rights that can be attached to a specific action, defined in each case to be necessary, adequate and proportionate to the objectives pursued, are as follows:
« 1° Submission to a prior approval by the Minister responsible for the economy of crossing, by a person acting alone or in concert, one or more of the thresholds provided for in the I of Article L. 233-7 of the Commercial Code, specified in the decree which establishes the specific action. A specific threshold may be set for participation by foreign persons or under foreign control, as defined in article L. 233-3 of the same code, acting alone or in concert. This approval can only be denied if the operation in question is likely to affect the essential interests of the country that justified the creation of the specific action;
« 2° The appointment to the board of directors, the board of supervision or within the legislative body, taking place, as the case may be, of a representative of the State without a deliberate vote, designated under the conditions established by the decree which establishes the specific action;
« 3° The power to oppose, under conditions set by regulation, decisions on the disposal of assets or certain types of assets of the corporation or its subsidiaries or on the assignment of such assets as a guarantee that would be in a manner that would affect the essential interests of the country.
"The institution of a specific action produces its full-right effects. Apart from cases where national independence is at stake, specific action can at any time be permanently transformed into ordinary action by decree.
"II.-When participation takes have been made in ignorance of 1° of I, holders of irregularly acquired participations cannot exercise the corresponding voting rights as long as participation has not been granted by the Minister responsible for the economy.
"The Minister responsible for the economy shall inform the President of the Board of Directors or the Chairman of the Board of Directors or the governing body of the undertaking, as the case may be, which shall inform the next general meeting of the shareholders.
"In addition, in the case of companies whose activity falls under the essential interests of national defence or those referred to in Article 346 of the Treaty on the Functioning of the European Union, the holders of irregularly acquired participation must assign these securities within three months of the deprivation of their voting rights.
"On the expiry of this period, if it is found that the titles acquired irregularly have not been given, the Minister responsible for the economy shall proceed to the forced sale of these securities, in accordance with the terms provided by decree in the Council of State. He informs the Chair of the Board of Directors, the Chair of the Supervisory Board or the Chair of the deliberative body, taking place.
"The net proceeds of the sale of securities are held at the disposal of their former holders.
"III.-I and II also apply to public sector enterprises referred to in Article 22 IV when the majority of their capital is transferred to the private sector, if the conditions set out in Article I are met.
"IV.-When a company in which a specific action has been instituted is the subject of a split or a merger, a decree proceeds to the transformation of this specific action into an ordinary action and, if necessary, institutes, within ten days after the realization of the split or merger, a new specific action in the company arising out of the operation that exercises the activity or holds the assets under which the activity is The rights attached to this specific action cannot exceed those attached to that it replaces. »
II.- Specific actions instituted pursuant to the legislative provisions applicable to the date of publication of this Act shall remain in force.
III.-A Article L. 111-69 of the Energy Code, the reference: "these provisions of Article 10 of Act No. 86-912 of 6 August 1986 "Article 31-1 of Order No. 2014-948 of 20 August 2014 on governance and operations on the capital of public-participating companies" is replaced by the reference to the terms of privatization".
IV.-At the beginning of the second sentence of the fifth paragraph of Article 78 of the Corrigendum Financial Law for 2001 (No. 2001-1276 of 28 December 2001), the words: "Les I à III of Article 10 of Act No. 86-912 of 6 August 1986 on the terms and conditions of privatization are applicable" are replaced by the words: "Section 31-1 of Order No. 2014-948 of 20 August 2014 on the governance and operations on the capital of publicly owned companies is applicable."
V.-Section 10 of Act No. 86-912 of 6 August 1986 on Privatization Procedures is repealed. However, II of the same article remains applicable to companies in which specific shares have been instituted pursuant to article I of that article.
VI.-Article 3 of Act No. 70-575 of 3 July 1970 on the reform of the regime of powders and explosive substances is thus amended:
1° In the first paragraph, the words "referred to in the first paragraph" are replaced by the word "SNPE";
2° The second paragraph is deleted;
3° The last paragraph is as follows:
"Section 31-1 of the Order is applicable to subsidiaries transferred to the private sector pursuant to the first paragraph of this section. »
I. - Section 25 of Order No. 2014-948 of 20 August 2014 relating to the governance and operations on the capital of public participation companies is amended as follows:
1° I is thus modified:
(a) In the first paragraph, the words "five years" are replaced by the words "six years non-renewable";
(b) After the first sentence of the second paragraph, a sentence is inserted as follows:
"A term of office for less than two years is not taken into account in the non-renewal rule set out in the first paragraph. » ;
(c) It is added a paragraph to read:
"The commission has as many women as men among members other than the president. » ;
2° It is added an IV as follows:
"IV. - The compensation scheme of the members of the commission is established by decree. »
II. - The mandates of the members of the Commission on Participation and Transfers appointed pursuant to theArticle 3 of Act No. 86-912 of 6 August 1986 on the modalities of privatization, in its earlier draftingOrder No. 2014-948 of 20 August 2014 the date of the appointment of members of the same commission pursuant to section 25 of the same order, the date of the appointment of members of the same commission, the date on which it was issued pursuant to this Act, and no later than six months after the promulgation of the same Act.
III. - On the occasion of the first constitution of the Commission on Participations and Transfers pursuant to this Article, shall be designated by lot, with the exception of the President, three members whose terms shall expire after a three-year period. Members of the commission on the date of the first constitution may be reappointed.
After section 32 of Order No. 2014-948 of 20 August 2014 referred to above, an article 32-1 is inserted as follows:
"Art. 32-1. - Participations held by any company whose principal purpose is the detention of securities and whose entire capital belongs to the State are assimilated, for the application of the legislative provisions providing that the participation of the State to the capital of a society is greater than a threshold, to participations held directly by the State. »
I. - is authorized to transfer to the private sector the majority of the capital of the company Industrial Group of Terrestrial Arms (GIAT) and its subsidiaries.
II. - La. Act No. 89-924 of 23 December 1989 authorizing the transfer to a national company of industrial establishments dependent on the Industrial Group of Terrestrial Arms (GIAT) is thus amended:
1° Article 4 is supplemented by a paragraph to read:
"On the date of the transfer to the private sector of the majority of the capital of the corporation referred to in section 1 or its subsidiaries, the public servants and the military are held, on their request, in the statutory position that was theirs at that date. » ;
2° The penultimate paragraph of Article 6 is thus amended:
(a) The first sentence is amended to read:
- the words: "a subsidiary of the national corporation referred to in Article 1 of which the corporation holds, directly or indirectly, the majority of the capital" are replaced by the words: "a corporation in which the corporation referred to in Article 1 holds, directly or indirectly, an interest";
- the words "this subsidiary" are replaced by the words "this company";
- the reference: "of the second paragraph of Article L. 122-12" is replaced by the reference: "of Article L. 1224-1";
(b) In the second sentence, the words: "the subsidiary concerned replaces the parent company" are replaced by the words: "the host company replaces the parent company";
3° In the last paragraph of Article 6, the reference: "L. 351-4" is replaced by the reference: "L. 5422-13";
4° In section 7, the words: "and" are replaced by the words: ", under the conditions set out in chapter I, section 4, title II, of Order No. 2014-948, dated August 20, 2014 relating to the governance and operations on the capital of public-participation companies, as well as to";
5° Section 8 is repealed.
I.-After the word: "State", the end of the second sentence of the first paragraph and the end of the third paragraph of Article L. 5124-14 of the Public Health Code is thus written: ", by public institutions or by other enterprises or organizations belonging to the public sector. » ;
II.-In the cases referred to in I and II of section 22 of Order No. 2014-948 of 20 August 2014 relating to governance and operations on the capital of public participation corporations, an order made pursuant to section 31-1 of the same order may make the transformation of an ordinary action into a specific action, with all or part of the rights defined in the same section.
III.-Any transfer to the private sector of the majority of the capital of the company "Laboratore of splitting and biotechnology" must be authorized by law, in accordance with the terms set out in Title III of Order No. 2014-948 of 20 August 2014 referred to above.
I. - Section 22 of Order No. 2014-948 of 20 August 2014 referred to above is supplemented by a VI as follows:
"VI. - The transactions by which the State transfers to the private sector the majority of the capital of a society operating an airport or motorway transport infrastructure within the framework of a concession granted by the State are permitted by law. »
II. - When the capital transfer transactions provided for in VI of Article 22 of Order No. 2014-948 of 20 August 2014 the following provisions apply to a company operating an aerodrome in respect of the governance and capital transactions of publicly owned companies:
1° The terms of reference for the call for tenders relating to the assignment of capital are approved by the Minister for Civil Aviation. It specifies the obligations of the assignee relating to the preservation of the essential interests of the Nation in the area of air transport, as well as those of the territory concerned with regard to attractiveness and economic and tourism development. It also specifies the obligations of the assignee to ensure the development of the aerodrome in consultation with the territorial authorities in the territory of which it is installed and with the territorial shareholders;
2° The candidates specify in their offers the terms and conditions by which they undertake to meet the obligations mentioned in 1° of this II;
3° Applicants for the redemption of State shares have experience as an airport manager or shareholder of an airport manager company and provide, from the stage of the examination of the admissibility of the offers, guarantees on their ability to carry out the missions provided for in the terms of reference of the concession of the aerodromes concerned. This capacity is appreciated by the signatory authority of the airport concession contract.
III. - The transfer to the private sector of the majority of the capital of the company Aéroports de la Côte d'Azur is authorized.
IV. - The transfer to the private sector of the majority of the capital of the company Aéroports de Lyon is authorized.
Chapter III of heading III of Order No. 2014-948 of 20 August 2014 on the governance and operations on the capital of publicly owned companies is supplemented by an article 31-2, which reads as follows:
"Art. 31-2. - In the event of a transfer of a State interest, carried out in accordance with the procedures of the financial markets, resulting in the transfer of a portion of the capital to the private sector, 10% of the securities granted by the State are offered to the employees of the company, to those of the subsidiaries in which it holds, directly or indirectly, the majority of the capital, as well as to the former employees if they justify a contract or an activity that is paid for less than five years
"These securities can also be transferred to the company with the agreement of the company, in charge of returning them within one year to the same persons. During this period, these securities are not taken into account in determining the 10% limit provided for in theArticle L. 225-210 of the Commercial Code and the voting rights thus held by the society are suspended. After this period, unsubscribed securities are sold on the market.
"An order by the Minister responsible for the economy specifies the fraction of the securities proposed to employees or former employees, the duration of the offer, the identity of the assignee, the individual subscription ceiling and the terms and conditions of adjustment of the offer if the request is greater than the offer.
"The company may take over a share of the sale price, within 20%, or payment times, which may not exceed three years. If such a discount has been granted, the acquired securities may not be transferred before two years or before full payment. The benefits thus granted are fixed by the board of directors, the board or the board of directors, taking place. »
Section L. 2111-10-1 of the Transportation Code is amended as follows:
1° At the end of 2°, the words: "of ratios defined by Parliament" are replaced by the words: "of the ratio defined as the relationship between net financial debt and the operating margin of SNCF Network";
2° In the fourth and fifth paragraphs, the words: "one of these ratios" are replaced by the words: "from the ceiling level of this ratio";
3° At the penultimate paragraph, the words: "ratios" are replaced by the words: "ratio";
4° It is added a paragraph to read:
"The terms and conditions of application of this article, including the method of calculating the elements of the ratio referred to in 2° and its ceiling level, which cannot exceed 18, are defined by decree. »
The First paragraph of Article 7 of Act No. 2014-384 of 29 March 2014 To win the real economy is thus written:
"V.-By derogation from I of Article L. 433-3 of the Monetary and Financial Code, the general regulation of the Autorité des marchés financiers sets the conditions under which any natural or legal person, shareholder of a company whose head office is established in France and whose shares are admitted to negotiations on a regulated market of a Member State of the European Union or of another State Party to the agreement on the European Economic Area, acting alone or in concert within the meaning of theArticle L. 233-10 of the Commercial Code, which held on 2 April 2014, directly or indirectly, more than three tenths of the capital or voting rights and which, by the benefit of the allocation of double voting rights resulting from the application of the last paragraph of Article L. 225-123 of the same code, in its writing resulting from the I of this article, has held before 31 December 2018 more than three tenths of the voting rights or that, in less than twelve consecutive months. »
At 2° of the II of Article L. 433-1-2 of the monetary and financial code, the words: "proposal of the proposed offer, increased by one hundredth of the capital or voting rights of the corporation" are replaced by the words: "to cross the threshold of one hundredth of the capital or voting rights mentioned in the first paragraph of Article L. 433-3 of this code" and the reference: "3-10 of the same article"Article L. 233-10 of the Commercial Code "
In the event of the transfer of an activity from the autonomous port of Strasbourg to a company whose port holds, directly or indirectly, all or more than half of the capital, the statutory employees of the port participating exclusively or principal to the transferred activity are made available to this company.
An agreement between the autonomous port of Strasbourg and its subsidiary determines the conditions for the employee to be made available. It provides the terms and conditions for reimbursement to the self-employed person ' s remuneration and all contributions and contributions thereof.
In the event of economic difficulties leading to the removal of employment occupied by the employee made available, the subsidiary may terminate the provision agreement. The employee then rightfully reintegrates the autonomous port of Strasbourg. The subsidiary pays to the autonomous port of Strasbourg an amount equal to the compensation that would have been payable to the employee if it had been terminated for economic reasons.
At the end of the title of Chapter I, in the first and last paragraphs of Article 1, in the first and last paragraphs of Article 2, at the end of the title of Chapter II, in the first paragraph, in the first paragraph, in the first paragraph, first paragraph of section 11 of Order No. 2005-722 of 29 June 2005 relating to the Public Investment Bank, in the first column of the forty-second line of the table annexed to Act No. 2010-838 of 23 July 2010 Concerning the application of the fifth paragraph of Article 13 of the Constitution and at the end of the first paragraph of Article 5 and Article 9 of Act No. 2012-1559 of 31 December 2012 on the creation of the Public Investment Bank, the words "BPI-Group" are replaced by the word "Bpifrance".
After article 40 of Act No. 2013-100 of 28 January 2013 on various provisions for the adaptation of legislation to European Union economic and financial law, an article 40-1 is inserted as follows:
"Art. 40-1. - For public enterprises, within the meaning of II of Article 1 of Order No. 2004-503 of 7 June 2004 transposition of Directive 80/723/EEC on the transparency of financial relations between Member States and public enterprises, subject to the obligation provided for in Article 37 of this Law, the exceedance of the maximum payment period established by decree, sought and recognized in the conditions set out in the articles L. 450-1 to L. 450-4, L. 450-7 and L. 450-8 the trade code, is liable to an administrative fine whose amount cannot exceed €375,000. The fine is pronounced under the conditions set out in Article L. 465-2 of the same code. The amount of the fine incurred is doubled in the event of a reiteration of the breach within two years of the date on which the first sanction decision became final. »
The mission to develop and manage the Paris-Rungis national interest market as well as all facilities directly related to the activity of this market is entrusted by the State to the joint economy company of development and management of the national interest market in the Paris region until 31 December 2049.
After Article L. 592-28 of the Environmental Code, an article L. 592-28-1 is inserted as follows:
"Art. L. 592-28-1. - The Nuclear Safety Authority cooperates in its areas of competence with the competent authorities of other States. At the request of the parties, it may provide advisory services and may conduct technical support missions in the context of conventions, which may provide for the reimbursement of costs incurred.
"The Nuclear Safety Authority may review the compliance of the safety options of the models of nuclear facilities intended for export to the obligations applicable in France to the same type of facility. It is seized in accordance with the terms set out in the first paragraph of Article L. 592-29 and makes public the conclusions of this review. »
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
I.-Subsection 2 of chapter III, section 2, of Book I, title II, of the Commercial Code is supplemented by articles L. 123-28-1 and L. 123-28-2 as follows:
"Art. L. 123-28-1.-By derogation from sections L. 123-12 to L. 123-23, natural persons referred to in the second paragraph of Article L. 123-16-1 may not make an assessment and result account when they do not employ an employee and have made a registration of total and temporary cessation of activity in the trade and corporate register. The derogation is no longer applicable in the event of resumption of the activity and no later than the second fiscal year following the date of registration. The derogation does not apply when operations are conducted to modify the balance sheet structure during the fiscal year in question. The terms and conditions of application of this Article shall be determined by decree.
"Art. L. 123-28-2.-By derogation from sections L. 123-12 to L. 123-23, legal persons referred to in the second paragraph of Article L. 123-16-1 may establish a short-term balance sheet and a short-term result account when they do not employ any employee and have made a registration of total and temporary cessation of activity in the trade and corporate register. The derogation is no longer applicable in the event of resumption of the activity and no later than the second fiscal year following the date of registration. The derogation does not apply when operations are conducted to modify the balance sheet structure during the fiscal year in question. The terms and conditions of application of this Article shall be determined by decree. »
II.-The I of this article is applicable in the Wallis and Futuna Islands.
I.-After the second paragraph of Article 18 of Act No. 2014-856 of 31 July 2014 on the social and solidarity economy, a paragraph is inserted as follows:
"The information also refers to the company's general directions regarding the detention of its capital, including the context and conditions of its transfer and, where appropriate, the context and conditions of substantial capitalistic change. »
II.-The trade code is amended as follows:
1° In the first and fourth paragraphs of Article L. 141-23, in the first and second sentences of Article L. 141-26, in the last paragraph of Article L. 141-28, in the first and second paragraphs of Article L. 141-26, in the last paragraph of Article L. 141-10, in the first and second paragraphs of Article L. 141-31, in the title of Chapter X of Title III of Book II
2° At the end of the title of chapter I, section 3, title IV, of Book I, the words: "less than fifty employees" are replaced by the words: "who are not subject to the obligation to establish a business committee";
3° In the first and third paragraphs of Article L. 141-23, in the first paragraph, twice, and in the third paragraph of Article L. 141-28, in the first paragraph of Article L. 23-10-1 and in the first paragraph, twice, of Article L. 23-10-7, the word "put" is replaced by the word "sell";
4° In the second and third paragraphs of Article L. 141-23, at the end of the second paragraph of Article L. 141-25, in the second and third paragraphs of Article L. 141-28, at the end of the second paragraph of Article L. 141-30 and at the end of the second paragraph of Article L. 23-10-7, the words: "back" are replaced by the words: "purchase";
5° In the second sentence of the second paragraph and in the fourth paragraph of Article L. 141-23, in the second paragraph of Article L. 141-25, in the second paragraph of Article L. 141-28, in the second paragraph of Article L. 141-30, in the second and third paragraphs of Article L. 23-10-1, in the second paragraph of Article L. 23-10-3, in the second paragraph of Article L. 23-10-7 and in the second paragraph
6° In the second sentence of the second paragraph of Article L. 141-23 and in the second paragraph of Articles L. 141-28, L. 23-10-1, L. 23-10-7, after the word "may", the word "he" is inserted;
7° After the second preambular paragraph of articles L. 141-23 and L. 141-28, a sub-item reads as follows:
"The operator shall promptly notify the owner of any offer of purchase submitted by an employee. » ;
8° The last two paragraphs of articles L. 141-23 and L. 23-10-1 are replaced by a sub-item:
"When a liability action is initiated, the court may, at the request of the Public Prosecutor's Office, issue a civil fine whose amount cannot exceed 2% of the amount of the sale. » ;
9° After the first preambular paragraph of articles L. 141-25, L. 141-30, L. 23-10-3 and L. 23-10-9, it is inserted as follows:
"When the information is made by registered letter with a request for notice of receipt, the date of receipt of the information is the date of the first submission of the letter. » ;
10° Sections L. 141-27, L. 141-32, L. 23-10-6 and L. 23-10-12 are amended as follows:
(a) At 1°, the words: "success, liquidation of the matrimonial or disposal regime" are replaced by the word "sale";
(b) It is added a 3° as follows:
« 3° If, during the twelve months preceding the sale, the sale has already been the subject of information pursuant to theArticle 18 of Act No. 2014-856 of 31 July 2014 relative to the social and solidarity economy. » ;
11° At the end of the title of chapter I, section 4, title IV of Book I, the words: "employing from fifty to two hundred and forty-nine employees" are replaced by the words: "subject to the obligation to establish a corporate committee";
12° Section L. 141-28 is amended as follows:
(a) The fourth and penultimate paragraphs shall be replaced by a paragraph to read:
"When a liability action is initiated, the court may, at the request of the Public Prosecutor's Office, issue a civil fine whose amount cannot exceed 2% of the amount of the sale. » ;
(b) In the last paragraph, the words: "at the time limit set out in the first paragraph of Article L. 141-23" are replaced by the references: "at articles L. 141-23 to L. 141-27";
13° After the word: "after", the end of the first paragraph of articles L. 141-31 and L. 23-10-11 is thus written: "the date at which all employees were informed of the sale. » ;
14° In the title of chapter X, section 1, title III of Book II, the words: "of redemption" are replaced by the words: "in case of sale" and the words: "of less than fifty employees" are replaced by the words: "that are not subject to the obligation to establish a business committee";
15° Section L. 23-10-1 is amended as follows:
(a) The second paragraph is amended to read:
- at the beginning, is added a sentence as follows:
"When the owner is not the head of business, the notification shall be made to the owner and the delay shall be made from that notification. » ;
-the words: "legal representative" are replaced by the words: "business leader";
(b) After the second paragraph, two sub-items are inserted:
"The head of business shall promptly notify the owner of any offer of purchase submitted by an employee.
"When the participation is held by the head of business, the company notifies its willingness to sell directly to employees by informing them that they can submit an offer of purchase, and the short period from the date of this notification. » ;
16° In the title of chapter X, section 2, title III, of Book II, the words "of redemption" are replaced by the words: "in case of sale" and the words: "companies employing between fifty and two hundred and forty-nine employees" are replaced by the words: "Companies subject to the obligation to establish a corporate committee";
17° Section L. 23-10-7 is amended as follows:
(a) In the first paragraph, the word "sliding" is replaced by the words "owner of participation";
(b) After the second paragraph, two sub-items are inserted:
"The head of business shall promptly notify the owner of any offer of purchase submitted by an employee.
"When the participation is held by the business leader, the company notifies its willingness to sell directly to employees, informing them that they can offer it a purchase offer. » ;
(c) The third and penultimate paragraphs shall be replaced by a subparagraph to read:
"When a liability action is initiated, the court may, at the request of the Public Prosecutor's Office, issue a civil fine whose amount cannot exceed 2% of the amount of the sale. » ;
(d) In the last paragraph, the words: "at the time limit set out in the first paragraph of Article L. 23-10-1" are replaced by the references: "at articles L. 23-10-1 to L. 23-10-6".
III.-This section comes into force on a date fixed by decree, and no later than six months after the promulgation of this Act.
In the first paragraph of Article L. 441-6-1 of the Commercial Code, the word "publishing" is replaced by the word "communication".
I.-Article L. 526-1 of the same code is as follows:
"Art. L. 526-1.-By derogation from articles 2284 and 2285 the civil code, the rights of a natural person registered in a professional legal advertising register or carrying on an agricultural or independent professional activity on the building where his or her principal residence is fixed are exempt by creditors whose rights arise in connection with the professional activity of the person. When the main residence is used in part for professional use, the unused part for professional use is elusive, without a descriptive state of division being required. The domicile of the person in his or her place of residence pursuant to section L. 123-10 of this code does not preclude that person's residence being of elusive right, without a descriptive state of division being required.
“By derogation from the articles 2284 and 2285 Civil code, a natural person registered in a professional legal advertising register or engaged in an agricultural or independent professional activity may declare his/her rights to any property, whether built or not built, that it has not affected his/her professional use. This statement, published in the real estate file or, in the departments of Bas-Rhin, Haut-Rhin and Moselle, in the land book, has effect only in respect of creditors whose rights arise, after publication, on the occasion of the professional activity of the registrant. Where the property is not used in full for professional use, the non-professional portion may only be the subject of the declaration provided that it is designated in a descriptive division.
"The unseizability referred to in the first two paragraphs of this section is not enforceable to the tax administration where the tax administration is, against the person, fraudulent maneuvers, or the serious and repeated non-compliance of its tax obligations, within the meaning ofArticle 1729 of the General Tax Code. »
II.-Article L. 526-2 of the same code is amended as follows:
1° In the first sentence of the first paragraph, after the word: "report", the words are inserted: "as provided in the second paragraph of Article L. 526-1";
2° In the third paragraph, the word "first" is replaced by the word "second".
III.-Article L. 526-3 of the same code is as follows:
"Art. L. 526-3.-In the event of the assignment of real property rights on the main residence, the price obtained remains elusive, under the condition of the re-employment within one year of the amounts to the acquisition by the person mentioned in the first paragraph of section L. 526-1 of a building where the principal residence is fixed.
"The unseizability of the rights to the principal residence and the declaration of unseizability relating to any property, whether built or not, not affected to the professional use may, at any time, be waived subject to the conditions of validity and enforceability set out in Article L. 526-2. The waiver may cover all or part of the property; it may be made for the benefit of one or more creditors referred to in Article L. 526-1 designated by the authentic act of renunciation. When the beneficiary of this renunciation cedes his or her receivable, the assignee may avail himself of it. The waiver may, at any time, be revoked under the conditions of validity and opposability set out in section L. 526-2. This revocation has effect only in respect of creditors referred to in Article L. 526-1 whose rights arise after publication.
"The effects of elusiveness and those of the declaration shall remain after the dissolution of the matrimonial regime when the person mentioned in the first paragraph of Article L. 526-1 or the declarant mentioned in the second paragraph of Article L. 526-1 is attributable to the property. They also remain in the event of death of the person referred to in the first paragraph of Article L. 526-1 or of the declarant referred to in the second paragraph of Article L. 526-1 until the disposition of the estate. »
IV.-The first paragraph of sections L. 526-1 and L. 526-3 of the same code, in their drafting under this section, has effect only in respect of creditors whose rights arise in the course of professional activity after the publication of this Act.
Statements and waivers relating to the unseizability of the principal residence published prior to the publication of this Act continue to produce their effects.
V.-The title of chapter VI, section 1, title II of Book V of the same code is thus written: "From the unseenability of the main residence".
I. - The same code is amended as follows:
1° Section L. 145-4 is amended as follows:
(a) At the end of the first sentence of the second paragraph, the words: "in the forms and times of Article L. 145-9" are replaced by the words: "at least six months in advance, by registered letter with request for notice of receipt or by extrajudicial act";
(b) In the third paragraph, after the word "faculty", the words are inserted: ", in the form and time of Article L. 145-9,";
(c) At the end of the first sentence of the penultimate paragraph, the reference: "of Article L. 145-9" is replaced by the words: "as provided in the second paragraph of this article";
2° After the words: "given by", the end of the first sentence of the last paragraph of Article L. 145-9 is thus written: "extrajudicial act. » ;
3° Section L. 145-10 is amended as follows:
(a) The first sentence of the second subparagraph is amended as follows:
- the word "signified" is replaced by the word "notified";
- are added the words: "or by registered letter with a request for a notice of receipt";
(b) In the first sentence of the penultimate paragraph, the word "significance" is replaced by the word "Notice" and the words "in the same forms" are replaced by the words "by extrajudicial act";
4° At the end of the last paragraph of Article L. 145-12, in the second sentence of the penultimate paragraph of Article L. 145-18, in the first paragraph of Article L. 145-19, in the first sentence of the second paragraph of Article L. 145-47, in the second sentence of the first paragraph of Article L. 145-49 and in article L. 145-55, after inserting the words "extrajudicial"
5° In the first sentence of the last paragraph of Article L. 145-49, the word "signified" is replaced by the word "notified".
II. - I of this article and I of Article 2 of Act No. 2012-387 of 22 March 2012 relating to the simplification of law and the ease of administrative procedures are applicable in the Wallis and Futuna Islands.
I.-The Civil Code is amended as follows:
1° After article 1244-3, an article 1244-4 is inserted as follows:
"Art. 1244-4.-A simplified procedure for the recovery of small claims may be implemented by a judicial officer at the request of the creditor for the payment of a claim having a contractual cause or arising from an obligation of a statutory nature and less than an amount defined by decree in the Council of State.
"This procedure takes place within one month after the bailiff sends a recommended letter with a request for a notice of receipt inviting the debtor to participate in this procedure. The debtor's agreement, recognized by the bailiff, suspends the prescription.
"The bailiff who has received the agreement of the creditor and the debtor on the amount and terms of the payment shall issue, without any other formality, an enforceable title.
"The costs of any kind that the procedure entails are at the sole responsibility of the creditor.
"A decree in the Council of State sets out the modalities for the application of this article, including the rules for the prevention of conflicts of interest during the issuance by the judicial officer of an enforceable title. » ;
2° Section 2238 is amended as follows:
(a) The second sentence of the first paragraph is supplemented by the words: "or from the agreement of the debtor recognized by the judicial officer to participate in the procedure provided for in article 1244-4";
(b) The second paragraph is supplemented by a sentence as follows:
"In the event of failure of the procedure provided for in the same article 1244-4, the statute of limitation period shall begin to run from the date of the debtor's refusal, found by the bailiff, for a period not less than six months. »
II.-The 5th of Article L. 111-3 of the Code of Civil Enforcement Procedures is supplemented by the words: "or in the event of the approval of the agreement between the creditor and the debtor under the conditions laid down in Article 1244-4 of the Civil Code".
III.-This article is applicable to Wallis-et-Futuna.
Under the conditions provided for in article 38 of the Constitution, the Government is authorized to make an order within nine months of the promulgation of this Act, any measure within the scope of the law:
1° Requires to the transposition of Directive 2014/23/EU of the European Parliament and of the Council, of 26 February 2014, on the award of concession contracts;
2° Allowing to unify and simplify the rules common to the various contracts of the public order which are concession contracts within the meaning of European Union law, as well as to ensure consistency and adaptation of the specific rules specific to some of these contracts, in view of their purpose.
I.-The consumer code is thus modified:
1° The V of Article L. 141-1-2 is supplemented by words and a sentence as follows: "at the expense of the sanctioned person. However, the administration must have previously informed the latter, in the adversarial proceedings set out in IV, of the nature and terms of the intended advertisement. » ;
2° Section L. 121-16-1 is amended as follows:
(a) The I is supplemented by a 12° as follows:
« 12° Contracts relating to the creation, acquisition or transfer of real property or property rights, the construction of new buildings, the significant transformation of existing buildings or the rental of residential housing. » ;
(b) II is repealed;
(c) In III, the reference: "and 7" is replaced by the references: ", 7 and 8";
3° Section L. 121-21 is amended as follows:
(a) At the beginning of the second sentence of 2°, the words are added: "For contracts concluded outside the institution";
(b) The last two paragraphs are deleted;
4° Article L. 132-2 is supplemented by a paragraph as follows:
"In this case, the professional is informed, during the adversarial procedure prior to the delivery of the injunction, the nature and the terms and conditions of the intended advertisement. The advertisement is made at the expense of the professional who is the subject of the injunction. » ;
5° Article L. 141-1 is amended as follows:
(a) I is supplemented by a sub-item:
"The authorized agents may conduct sample sampling. Section 4 of Chapter V of Title I of Book II of this Code and the texts taken for its application apply to these samples. » ;
(b) After the 2° of the III, it is inserted a 2° bis as follows:
“ 2° bis Article 18-1 A of Act No. 65-557 of 10 July 1965 establishing the status of co-ownership of built buildings; »
(c) The 10th of the III is thus written:
« 10° Articles L. 271-1, L. 271-2 and L. 271-6 the code of construction and housing; »
(d) The first paragraph of the VII is supplemented by the words "or prohibited";
(e) The 1° of the VIII is thus modified:
- after the word "illegal", the word "prohibited" is inserted;
- after the word "consumer" are inserted the words "or non-professional";
- after the first occurrence of the word "consumers" are inserted the words "or non-professionals";
- after the second occurrence of the word "consumers" are inserted the words "or non-professionals".
II.-In the first paragraph and the first and second sentences of the last paragraph of Article L. 271-1 and the third paragraph of Article L. 271-2 of the Construction and Housing Code, the word "seven" is replaced by the word "ten".
III.-Le V of Article L. 465-2 of the Commercial Code is supplemented by the words and a sentence thus written: "at the expense of the sanctioned person. However, the administration must have previously informed the latter, in the adversarial proceedings set out in IV, of the nature and terms of the intended advertisement. »
IV.-Section 17-2 of Act No. 70-9 of 2 January 1970 regulating the conditions for the exercise of activities relating to certain transactions relating to real property and trade funds is thus amended:
1° The first paragraph is deleted;
2° The beginning of the second preambular paragraph reads as follows: "Is punishable by fines provided for in the second preambular paragraph 5° of Article 131-13 of the Criminal Code the fact ... (the rest without change). »
V.-The IV of this article comes into force on 1 July 2016.
VI.-The III of this article is applicable in the Wallis and Futuna Islands.
VII.-At the end of the III of Article L. 213-2 and at the end of the first paragraph of Article L. 213-3 of the Consumer Code, the words: " realized during the previous fiscal year" are replaced by the words: "annual average, calculated on the last three annual business figures known on the date of the facts".
VIII.-Article L. 218-3 of the same code is supplemented by a paragraph as follows:
"A measure taken under this section may enjoin the operator of the establishment to display, in a visible location from the outside, the whole or an extract of that measure. »
IX.-Article L. 218-4 of the same code is amended as follows:
1° In the first paragraph, the words: ", taking into account their common conditions of production or marketing", are deleted;
2° After the first paragraph, two sub-items are inserted:
"It may also, where products present or are likely to pose a danger to public health or consumer safety, order the release of warning as well as the recall of products for a total or partial exchange, modification or refund.
"When the operation of a product requires its connection or attachment to a building element, the prefect may order, in order to ensure the safety of consumers, that modifications of the product are made on site. »
X.-Articles L. 218-5-1 and L. 221-6 of the same code are supplemented by a paragraph as follows:
"A measure taken pursuant to this section may enjoin the service provider to display, in a visible location outside the place of delivery, the entire or an extract of that measure. »
XI.-Article L. 218-5-5 of the same code is as follows:
"Art. L. 218-5-5.-If it is found with the powers provided for in this book, a breach or offence, the agents referred to in Article L. 215-1 may, after an adversarial procedure, enjoin an operator, with a reasonable period of time, to comply with its obligations. »
XII.-[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
XIII.-[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
I. - Article L. 225-94-1 of the Commercial Code is amended as follows:
1° The first paragraph is supplemented by a sentence as follows:
"This number is reduced to three for the social mandates exercised in companies whose securities are allowed to negotiate on a market regulated by persons exercising a mandate as general manager, director or director general unique in a company whose securities are admitted to negotiations on a regulated market and who employs at least five thousand permanent employees in the company and its subsidiaries, direct or indirect, whose head office is fixed in French territory, or at least ten thousand permanent employees in the company and its subsidiaries » ;
2° After the second preambular paragraph, a sub-item reads as follows:
"By derogation from the second paragraph, no account shall be taken of the director's or supervisory board's terms of reference exercised by the Director General, the executive officer's members or the sole executive director of the companies whose main activity is to acquire and manage participations, within the meaning of section L. 233-2, in companies that constitute participations. » ;
3° At the end of the first sentence and the second sentence of the last paragraph, the reference: "to the previous paragraph" is replaced by the references: "to the second and third paragraphs".
II. - General directors, board members and single directors shall have one year from the date of publication of this Act to comply with this Act first paragraph of Article L. 225-94-1 of the Commercial Codein its writing resulting from I of this article. Otherwise, they are deemed to be resigned from all their mandates.
The trade code is thus modified:
1° In the eighth paragraph of Article L. 223-18, the words: "in the same department or in a neighbouring department" are replaced by the words: "in French territory";
2° Article L. 912-1 is as follows:
"Art. L. 912-1. - I. - In article L. 223-18, the words “on French territory” are replaced by the words “in the community”.
“II. - In articles L. 225-36 and L. 225-65, the words “in the same department or in a neighbouring department” are replaced by the words “in the community”. » ;
3° Article L. 952-2 is as follows:
"Art. L. 952-2. - I. - In article L. 223-1, the words “on French territory” are replaced by the words “in the territory”.
“II. - In articles L. 225-36 and L. 225-65, the words “in the same department or in a neighbouring department” are replaced by the words “in the territory”. »
I. - Article L. 232-25 of the same code is amended as follows:
1° After the first preambular paragraph, a sub-item reads as follows:
"In the same filing, companies that meet the definition of small businesses, as defined in section L. 123-16, with the exception of companies referred to in section L. 123-16-2, may request that the result account be not made public. Companies belonging to a group, within the meaning of Article L. 233-16, cannot make use of this faculty. » ;
2° The second paragraph is amended to read:
(a) After the word: "France", the words are inserted: "and legal persons, falling under categories defined by decree of ministers responsible for the economy and finances, who finance or invest, directly or indirectly, in enterprises or provide benefits for the benefit of these legal persons";
(b) The word: "they" is replaced by the words: "the whole of";
II. - Article L. 524-6-6 of the Rural and Maritime Fisheries Code is as follows:
"Art. L. 524-6-6. - Agricultural cooperative societies and their unions responding to the definition of micro-enterprises, within the meaning of theArticle 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, may declare that the annual accounts they file are not made public.
"Agricultural cooperative societies and their unions that meet the definition of small businesses, as defined in section L. 123-16 of the said Code, with the exception of the companies referred to in section L. 123-16-2 of the same Code, may declare that the result account they file is not made public. Agricultural cooperative societies and their unions belonging to a group, within the meaning of Article L. 524-6-1 of this Code, cannot make use of this faculty.
“The authorities and legal persons referred to in third paragraph of Article L. 232-25 of the Commercial Code however, have access to all accounts. »
III. - This section applies to accounts for the fiscal years ended on or after December 31, 2015 and filed on or after a year of promulgation of this Act.
The intellectual property code is thus amended:
1° The 6th of Article L. 721-6 is supplemented by the words: ", and excludes any operator whose certification has been not granted, suspended or withdrawn by the certifying body referred to in Article L. 721-9";
2° The 7th of Article L. 721-7 is thus written:
« 7° The terms and the periodicity of the controls, the type of body referred to in Article L. 721-9 in charge of their implementation, as well as the modalities for the financing of these controls. The terms include product control points and specific labelling elements; »
3° Section L. 721-9 is amended as follows:
(a) In the first paragraph, after the word "conformity", the words "who may be inspection bodies or certification bodies" are inserted;
(b) After the first paragraph, two sub-items are inserted:
"The inspection bodies carry out the control operations and transmit their report to the defence and management body, which decides on measures to sanction the breaches.
"The certification bodies decide on the granting, maintenance or extension of the certification, as well as measures to sanction the breaches. »
The trade code is thus modified:
1° The third paragraph of Article L. 430-2 is supplemented by the words: "without the need for this threshold to be met by all the companies involved in the same department or territorial authority";
2° In the third paragraph of Article L. 430-3, the words: "community dimension" are replaced by the words: " fall within the competence of the European Union";
3° Article L. 430-4 is amended as follows:
(a) The second paragraph is supplemented by a sentence as follows:
"The grant of this exemption can be accompanied by conditions. » ;
(b) It is added a paragraph to read:
"The derogation referred to in the second paragraph ceases to be valid if, within three months of the effective completion of the operation, the Autorité de la concurrence has not received the full notification of the operation. » ;
4° After the second paragraph of Article L. 430-5, a sub-item reads as follows:
"The Autorité de la concurrence may suspend the time limit referred to in I of this article when the parties that made the notification failed to inform it as soon as it occurred of a new fact, which should have been notified if it had occurred before a notification within the meaning of Article L. 430-3, or have failed to disclose to it all or part of the information requested within the specified time limit, or where third parties have failed to communicate to it, for reasons The delay resumes its course upon the disappearance of the cause which justified the suspension. » ;
5° In the second sentence of the first paragraph of the second paragraph of Article L. 430-7, the words: "If they" are replaced by the words: "When commitments or modifications to commitments already proposed" and the words: "the date of receipt of commitments" are replaced by the words: "they receive, within the limit of eighty-five working days from the opening of the in-depth examination";
6° Article L. 430-7-1 is supplemented by a paragraph as follows:
"If the Minister responsible for the economy considers that the parties have not implemented within the time limits a commitment set out in his decision, the Minister may make the decisions set out in 1° to 3° of IV of section L. 430-8. » ;
7° Article L. 430-8 is amended as follows:
(a) In the first sentence of the first paragraph, the words "or in the Minister's decision on the operation under section L. 430-7-1" are deleted;
(b) At 2°, the words "that they set" are replaced by the words "that it fixes" and are added the words "in the decision";
(c) After the 2°, it is inserted a 3° as follows:
« 3° Undertaking, within the limit provided for in Article L. 464-2, to the parties to which the obligation was imposed, to execute within a time limit that it sets out injunctions or requirements in lieu of the unfulfilled obligation. » ;
8° The second sentence of the last paragraph of Article L. 461-3 is supplemented by the words: ", decisions to review the measures referred to in III and IV of Article L. 430-7 or decisions necessary for the implementation of these measures";
9° At the end of the second sentence of Article L. 954-2, the words: "community dimension" are replaced by the words: " fall within the competence of the European Union".
Article L. 450-3 of the same code is amended as follows:
1° The penultimate paragraph is thus written:
"The agents may require the communication and obtain or take a copy, by any means and on any medium, of books, invoices and other professional documents of any kind, in a few hands they find themselves, to facilitate the fulfilment of their mission. They may require the provision of the necessary means to carry out their audits. They may also collect, on site or on summons, any information, document or justification necessary for the control. » ;
2° [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
The same code is amended:
1° After the second paragraph of Article L. 462-8, it is inserted a paragraph as follows:
"It may also reject the referral by reason of decision when the facts invoked may be dealt with by the Minister responsible for the economy under section L. 464-9. » ;
2° The third paragraph of Article L. 464-9 is supplemented by the words: ", unless the Autorité de la concurrence has rejected the referral on the basis of the third paragraph of Article L. 462-8";
3° In L. 954-14, the words "third and fourth" are replaced by the words "fourth and fifth".
I. - Article L. 464-2 of the same code is amended as follows:
1° The III is thus written:
"III. - Where an organization or company does not contest the reality of the grievances notified to it, the rapporteur general may submit a proposal for a transaction setting out the minimum amount and maximum amount of the proposed monetary penalty. When the company or agency undertakes to change its behaviour, the general rapporteur may take this into account in its proposed transaction. If, within a time limit set by the rapporteur general, the agency or company agrees with the proposed transaction, the rapporteur general proposes to the Autorité de la concurrence, which hears the company or agency and the commissioner of the Government without prior establishment of a report, to issue the monetary penalty provided for in I within the limits set by the transaction. » ;
2° In the last sentence of the IV, after the word "may", the words are inserted: ", after hearing the Commissioner of the Government and the company or agency concerned without prior reporting, and".
II. - This section is applicable to procedures for which grievances have been notified, pursuant toArticle L. 463-2 of the Commercial Codeafter the publication of this Act.
The III of Article 60 of Law No. 2005-882 of 2 August 2005 in favour of small and medium-sized enterprises:
"III.- Guarantee systems and fair trade labels are recognized by a commission in terms defined by decree. »
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order, within nine months of the promulgation of this Act, the measures relating to the area of the law allowing to make available to the enterprises a device in their dematerialized relations with the administration and the third parties, to justify their identity and integrity of the documents transmitted.
Not subject to theArticle 2 of Order No. 2014-697 of 26 June 2014 on the development of digital billing:
1° The SNCF, SNCF Network and SNCF Mobility;
2° The Caisse des dépôts et consignations.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order within nine months of the promulgation of this Act, any measure within the scope of the law in order to allow the development of electronic billing in the relations between the companies, by the institution of an obligation, applicable to the contracts in progress, to accept invoices issued in dematerialized form, entering into force progressively to
I. - After Article L. 581-9 of the Environmental Code, an article L. 581-10 is reinstated as follows:
"Art. L. 581-10. - Without prejudice to the article L. 581-4 and I and II of Article L. 581-8, advertising devices, whether light or not, implanted on the right of sporting equipment with a capacity to accommodate at least 15,000 seating places may derogate from the first paragraph of Article L. 581-9 in respect of location, surface and height, under conditions fixed by decree in Council of State. The establishment of derogatory devices is subject to the authorization of the municipal council or the deliberative assembly of the competent public intercommunal cooperation institution or the council of the metropolis of Lyon. »
II. - In the first paragraph of Article L. 581-14 and in the second paragraph of Article L. 581-14-1 of the same code, after the words: "local plan of urban planning" are inserted the words: ", the metropolis of Lyon".
III. - In the first paragraph of Article L. 581-44 of the same code, the references: "Articles L. 581-7 and L. 581-10" are replaced by the reference: "Article L. 581-7".
In the second sentence of article L. 581-7 of the same code, after the words: "rail stations" are inserted the words: "and sports equipment with a capacity of at least 15,000 places".
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
At the end of the first paragraph of Article L. 581-14 of the Environmental Code, the reference: "to section L. 581-9" is replaced by the references: "to articles L. 581-9 and L. 581-10".
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
Article L. 137-11-1 of the Social Security Code is supplemented by a paragraph to read as follows:
"Each year, the organizations and businesses referred to in Article L. 137-11 annuity debtors prepare a follow-up report that outlines, for the previous year, the amount of the commitments made, the number of annuities served, the minimum, average, median and maximum amounts of annuities served, and the number of potential beneficiaries. This report is addressed to the National Institute of Statistics and Economic Studies and the Ministers responsible for social security and mutuality. A consolidated version, after possible anonymization, of these follow-up reports is also made available to the public in an open format allowing its free reuse. »
I. - The trade code is amended as follows:
1° Sections L. 225-22-1 and L. 225-79-1 are amended as follows:
(a) After the word: "they," the words are inserted: "or defined benefit pension commitments that meet the characteristics of the plans mentioned in theArticle L. 137-11 of the Social Security Code for the period of exercise of the social mandate;
(b) The words "of this code" are added;
2° Articles L. 225-42-1 and L. 225-90-1 are thus amended:
(a) The first paragraph is amended to read:
- after the word "these," the words are inserted: "or defined benefit pension commitments that meet the characteristics of the plans mentioned in theArticle L. 137-11 of the Social Security Code, ”
- are added the words "of this code";
(b) The second sentence of the last paragraph is amended as follows:
- the words: "definite benefit pension commitments that meet the characteristics of the plans mentioned in theArticle L. 137-11 of the Social Security Code, as well as » are deleted;
- at the end, the words "the same code" are replaced by the words: " Social Security Code » ;
3° Section L. 225-42-1 is amended as follows:
(a) In the second paragraph, the words: "and benefits" are replaced by the words: ", benefits and conditional rights granted to the President, the Director General or delegated Directors General for retirement undertakings referred to in the first paragraph of this section";
(b) Three subparagraphs are added:
"The Board of Directors shall annually verify, prior to the holding of the ordinary general meeting to be decided on the accounts of the last fiscal year, the compliance with the conditions provided for and the increase in the conditional rights under the said exercise to the President, the Director General or the Directors General Delegates under the defined benefit plans referred to in Article L. 137-11 of the Social Security Code.
"The conditional rights referred to in the seventh paragraph of this Article shall not increase annually by more than 3% of the annual remuneration used as a reference to the calculation of annuity paid under these plans.
"No conditional right under the activity of President, Director General or Associate Director General may be granted if it does not meet the conditions set out in the seventh and penultimate paragraphs. » ;
4° Section L. 225-90-1 is amended as follows:
(a) In the second paragraph, the words: "and benefits" are replaced by the words: ", benefits and conditional rights granted to members of the board for pension commitments referred to in the first paragraph of this section";
(b) Three subparagraphs are added:
"The Supervisory Board shall annually verify, prior to the holding of the ordinary general assembly to be decided on the accounts of the last fiscal year, the compliance with the conditions provided for and the increase, under the said exercise, of the conditional rights enjoyed by the members of the board under the benefit plans defined in section L. 137-11 of the Social Security Code.
"The conditional rights referred to in the seventh paragraph of this Article shall not increase annually by more than 3% of the annual remuneration used as a reference to the calculation of annuity paid under these plans.
"No conditional right under the activity of a member of the board may be granted if it does not meet the conditions set out in the seventh and last paragraphs. » ;
5° The third paragraph of Article L. 225-102-1 is amended as follows:
(a) The third sentence is supplemented by the words: ", including pension commitments and other viager benefits";
(b) After the word: "should", the end of the penultimate sentence is thus written: ", under conditions and in terms of the terms set by decree, indicate the precise modalities for determining these commitments and contain, for each social agent, an estimate of the amount of rents that would potentially be paid under these commitments and related charges. »
II. - 1° to 4° of the I of this Article shall apply to defined benefit pension commitments that meet the characteristics of the plans mentioned inArticle L. 137-11 of the Social Security Code taken by the company from the publication of this Act for the benefit of a President, a Director General, a Director General or a member of the Director General.
The same 1° to 4° are also applicable to pension commitments that meet the characteristics of the plans mentioned in the same article L. 137-11 shall be granted to the President, the Director General, the Executive Director or the Director General appointed or renewed after the publication of this Act, from the date of appointment or renewal.
The 5th I of this article is applicable to exercises that begin on or after January 1, 2015.
I.-Article L. 931-14-1 of the Social Security Code is as follows:
"Art. L. 931-14-1.-Sont exempted from the obligations referred to aArticle L. 823-19 of the Commercial Code :
« 1° Persons and entities controlled within the meaning of section L. 233-16 of the same code when the person or entity controlling them voluntarily has a specialized committee within the meaning and manner set out in section L. 823-19 of that Code;
« 2° Related individuals and entities have a reference body within the meaning of 1° of Article L. 933-2 of this Code when the reference body is itself subject to these obligations or voluntarily assigned to a specialized committee within the meaning and manner of the reference body.Article L. 823-19 of the Commercial Code. »
II.-Article L. 212-3-1 of the mutuality code is thus drafted:
"Art. L. 212-3-1.-Sont exempted from the obligations referred to aArticle L. 823-19 of the Commercial Code :
« 1° Persons and entities controlled within the meaning of section L. 233-16 of the same code when the person or entity controlling them voluntarily has a specialized committee within the meaning and manner set out in section L. 823-19 of that Code;
« 2° Related individuals and entities have a reference body within the meaning of 1° of section L. 212-7-1 of this code when the reference body is itself subject to these obligations or has voluntarily established a specialized committee within the meaning and manner of the reference body.Article L. 823-19 of the Commercial Code. »
I.-Chapter I of Book VII title II of the Commercial Code is amended as follows:
1° In the title, after the word "institution", the word "and" is inserted;
2° Is inserted a section 1 entitled "Common Jurisdiction for All Commercial Courts" and comprising articles L. 721-3 to L. 721-7;
3° Is added a section 2 as follows:
“Section 2
“Special jurisdiction in certain trade tribunals
"Art. L. 721-8.-Specially designated trade tribunals shall, where the debtor engages in commercial or artisanal activity:
« 1° Procedures for safeguarding, judicial recovery and judicial liquidation referred to in Book VI, where the debtor is:
“(a) A company whose number of employees is equal to or greater than 250 and whose net turnover is at least 20 million euros;
“(b) A company whose net turnover is at least 40 million euros;
"(c) A corporation that holds or controls another corporation, as defined in Articles L. 233-1 and L. 233-3, provided that the number of employees in all the companies concerned is equal to or greater than 250 and that the net amount of the total turnover of the companies is at least 20 million euros;
"(d) A company that owns or controls another company, within the meaning of articles L. 233-1 and L. 233-3, provided that the net revenue of all of these companies is at least 40 million euros;
« 2° Procedures for the opening of which the international jurisdiction of the court is determined in accordance with the actions taken by the European Union relating to insolvency proceedings;
« 3° Procedures for the opening of which the international jurisdiction of the court results from the presence in its jurisdiction of the principal centre of the interests of the debtor;
« 4° From the conciliation procedure provided for under Book VI I, on direct referral by the debtor, at the request of the public prosecutor or by a decision of the president of the commercial court, when the debtor is a company or a set of companies fulfilling the conditions set out in a to d of 1°.
"The specialized trade tribunal competent for the application of c and d of the same 1° and 4° of this article is that in the jurisdiction of which the company that holds or controls another company within the meaning of articles L. 233-1 and L. 233-3.
"For the purposes of 2° of this article, the competent specialized trade tribunal shall be that in the jurisdiction of which the principal interests of the debtor are located. For legal persons, the centre of principal interests is presumed, until proven otherwise, to be the place of the head office.
"A decree, taken after the advice of the National Board of Trade Courts, sets out the list of specialized trade tribunals. This decree determines the jurisdiction of these jurisdictions, taking into account the employment and economic activity basins.
"The President of the Commercial Court in whose jurisdiction the business has interests or a judge delegated by it sits in law in the competent specialized trade tribunal. »
II.-This section applies to open procedures effective 1 March 2016.
Article L. 662-2 of the Commercial Code is amended as follows:
1° In the first sentence, after the words "of the court", the words are inserted: "or before a court referred to in Article L. 721-8";
2° The second sentence is supplemented by the words: "or a jurisdiction referred to in Article L. 721-8".
I.-Article L. 662-8 of the same code is as follows:
"Art. L. 662-8.-The court is competent to hear any proceedings concerning a corporation that holds or controls, within the meaning of articles L. 233-1 and L. 233-3, a corporation for which proceedings are pending before it. It is also competent to hear any proceedings concerning a company that is detained or controlled, within the meaning of articles L. 233-1 and L. 233-3, by a company for which proceedings are pending before it.
"It may designate a judicial administrator and a judicial agent common to all proceedings.
“By derogation from the first sentence of the first paragraph, any pending proceedings concerning a company held or controlled, within the meaning of articles L. 233-1 and L. 233-3, by a company for which a procedure is opened before a specialized trade tribunal shall be referred to the latter. »
II.-This section applies to open procedures effective 1 March 2016.
The trade code is thus modified:
1° Chapter II of Book VII title III is supplemented by an article L. 732-8, as follows:
"Art. L. 732-8.-Article L. 721-8 is not applicable in overseas regions and departments. » ;
2° Book IX is thus amended:
(a) Chapter VII of title I is supplemented by an article L. 917-6 as follows:
"Art. L. 917-6.-Article L. 721-8 is not applicable to Saint-Pierre-et-Miquelon. » ;
(b) Chapter VII of title II is supplemented by an article L. 927-4, as follows:
"Art. L. 927-4.-Section L. 721-8 is not applicable to Mayotte. » ;
(c) Title VI is supplemented by article L. 960-3 as follows:
"Art. L. 960-3.-Article L. 721-8 is not applicable to Saint-Barthélemy and Saint-Martin. »
I.-Book VI of the Commercial Code is amended as follows:
1° After the article L. 621-4, an article L. 621-4-1 is inserted as follows:
"Art. L. 621-4-1.-The court shall designate at least one second judicial officer and a second judicial officer in the opening judgment of the proceedings against a debtor when the latter:
« 1° Has a number of secondary establishments located within the jurisdiction of a court where it is not registered at least equal to a prescribed threshold;
« 2° Or holds or controls, within the meaning of Articles L. 233-1 or L. 233-3, at least two companies against which a safeguard, recovery or judicial liquidation procedure is initiated;
« 3° Or is detained or controlled, within the meaning of the same articles L. 233-1 or L. 233-3, by a company against which a procedure for the safeguarding, recovery or judicial liquidation is opened, that company holding or controlling itself at least another company against which such proceedings are opened,
"and where the turnover of the debtor or of one of the companies referred to in 2° or 3° exceeds a prescribed threshold.
"This second administrator and the second agent are, each with respect to it, common to the debtor and to the companies mentioned in the same 2° and 3°.
"The thresholds mentioned in the 1st and fifth preambular paragraph, as well as the conditions of experience and means to be met by the second administrator and the second agent in relation to the complexity of the procedure or the size of the enterprises concerned, are specified by decree in the Council of State. » ;
2° In the first paragraph of Article L. 631-9, the reference: "L. 621-5" is replaced by the reference: "L. 621-4-1";
3° After L. 641-1-1, an article L. 641-1-2 is inserted as follows:
"Art. L. 641-1-2.-Where the conditions laid down in Article L. 621-4-1 are met, the court shall designate as a liquidator at least two judicial agents, one of which shall be common to the debtor and to the companies referred to in 2° and 3° of the same article. »
II.-A Article L. 956-1 of the Commercial Code, after the reference: "L. 621-4", is inserted the reference: "L. 621-4-1",
III.- Articles L. 621-4-1, L. 631-9 and L. 641-1-2 of the Commercial Code, in their drafting resulting from this article, are applicable in the Wallis and Futuna Islands.
Title I of Book VIII of the Commercial Code is amended as follows:
1° In the second paragraph of Article L. 811-1, the words: "their responsibility is personal. They may, however, be replaced by the words: "personal responsibility for judicial administrators appointed by the court. However, they may delegate all or part of these tasks to an employee judicial administrator, under their responsibility. They can, in addition";
2° Article L. 811-3 is supplemented by a paragraph as follows:
"When the judicial administrator is employed, the list specifies this quality and the name of the employer. » ;
3° After the article L. 811-7, an article L. 811-7-1 is inserted as follows:
"Art. L. 811-7-1.-The judicial administrator may practise his profession as an employee of a natural or legal person on the list provided for in Article L. 811-2.
"A natural person on this list cannot employ more than two employed judicial administrators. A legal person listed on the list may not use a number of employed judicial administrators greater than twice that of the associated judicial administrators who practise the profession.
"The employment contract of the employed judicial administrator cannot infringe on the ethical rules of the profession of judicial administrator. Notwithstanding any clause in the contract of employment, the employee judicial administrator may refuse to receive an act or perform a mission when the act or mission appears to him to be contrary to his or her conscience or liable to infringe upon his or her independence. Any non-concurrence clause is deemed unwritten.
"The employee administrator cannot have a personal mandate.
"This book is applicable to the employee judicial administrator unless otherwise provided. » ;
4° In the second paragraph of Article L. 812-1, the words: "their responsibility is personal. They may, however, be replaced by the words: "personal responsibility for judicial agents appointed by the court. However, they may delegate all or part of these tasks to an employee judicial agent, under their responsibility. They can, in addition";
5° Article L. 812-2-1 is supplemented by a paragraph as follows:
"When the judicial representative is employed, she specifies this quality and the name of her employer. » ;
6° After the article L. 812-5, an article L. 812-5-1 is inserted as follows:
"Art. L. 812-5-1.-The judicial representative may practise his profession as an employee of a natural or legal person on the list provided for in Article L. 812-2.
"A natural person listed on this list cannot use more than two employed judicial agents. A legal person listed on the list may not use a number of judicial agents who are employed more than double that of the legal agents involved in the profession.
"The contract of employment of the employed judicial agent shall not affect the ethical rules of the profession of judicial agent. Notwithstanding any clause in the contract of employment, the employee judicial agent may refuse to receive an act or perform a mission when the act or mission appears to him to be contrary to his or her conscience or may affect his or her independence. Any non-concurrence clause is deemed unwritten.
"The employee's judicial agent cannot have a personal mandate.
"This book is applicable to an employee judicial agent, unless otherwise provided. » ;
7° The second paragraph of Article L. 814-3 is supplemented by the words: "with the exception of judicial administrators and judicial agents exercising their profession as an employee";
8° In article L. 814-12, the words "listed" are deleted;
9° Section 3 of chapter IV is supplemented by an article L. 814-14 as follows:
"Art. L. 814-14.-A decree in the Council of State sets out the terms and conditions for the application of articles L. 811-7-1 and L. 812-5-1, in particular the rules applicable to the settlement of disputes arising in connection with the execution of a contract of work after mediation of the President of the National Council of Judicial Directors and judicial agents, those relating to the termination of the judicial administrator or the judicial officer employed, and, in that case, (2) »
The trade code is thus modified:
1° The second sentence of the third paragraph of Article L. 621-4 is amended as follows:
(a) After the word: "can,", are inserted the words: "only or";
(b) After the word "public," the words "or debtor" are inserted;
(c) After the word: "debtedness" are inserted the words: "if the latter did not form the request,"
2° The second sentence of the first paragraph of Article L. 631-9 is replaced by two sentences as follows:
"The court may seize on its own motion or at the request of the forwarding creditor for the purposes referred to in the third paragraph of Article L. 621-4. He may seize on his own behalf for the purposes mentioned in the fourth paragraph of the same article L. 621-4. » ;
3° In the second sentence of the second paragraph of Article L. 641-1, after the word: "public" are inserted the words: ", the debtor or the secured creditor".
I. - After article L. 631-19-1 of the same code, an article L. 631-19-2 is inserted as follows:
"Art. L. 631-19-2. - When the cessation of activity of a company of at least one hundred and fifty employees or constituent, within the meaning ofArticle L. 2331-1 of the Labour Code, a dominant enterprise of one or more companies whose total workforce is at least one hundred and fifty employees is likely to cause a serious disturbance to the national or regional economy and the employment basin and if the change of capital appears as the only serious solution to avoid this disorder and allow the continuation of the activity, after considering the possibilities of total or partial disposal of the enterprise, the court may, at the request of the
« 1° Designate an agent to convene the competent assembly and to vote the capital increase in place of the partners or shareholders who have refused the capital change, to the amount provided by the plan.
"The capital increase must be made within the maximum period of thirty days from the deliberation. It may be released by persons who have committed to implementing the recovery plan, by compensation for the amount of debts on the corporation that have been admitted and within the limit of the reduction in the plan.
"If the capital increase is subscribed by cash contributions, the shares issued are offered by preference to shareholders, proportionally to the portion of the capital represented by their shares;
« 2° Or order, for the benefit of those who have committed themselves to carrying out the draft plan, the transfer of all or part of the interest held in the capital by the partners or shareholders who have refused the modification of capital and who hold, directly or indirectly, a fraction of the capital conferring on them a majority of the voting rights or a minority of blockage in the general assemblies of that corporation or who have the majority of the voting rights in that corporation in accordance with an agreement entered into Any licence clause is deemed to be unwritten.
"Partners or shareholders other than those mentioned in the 2nd have the right to withdraw from the company and simultaneously request the redemption of their social rights by the assignors.
"When the court is seized of the request for assignment, in the absence of an agreement between the interested parties on the value of the rights of the assigning partners or shareholders and those who have claimed their will to withdraw from the corporation, this value is determined on the date closest to the assignment by a designated expert, at the request of the most diligent party, the administrator or the public ministry, by the President of the court. The president decides in the form of the referees. The expert's appointment order is not subject to appeal. The expert is obliged to respect the principle of the contradictory.
"When the court decides on the application under 1° or 2°, the proceedings are held in the presence of the public prosecutor. The court shall hear the relevant partners or shareholders, executive associates or shareholders, creditors or third parties who have committed themselves to carrying out the plan and representatives of the business committee or, if not, staff delegates. In the absence of staff delegates, the court shall hear the representative of the elected employees referred to in Article L. 621-4.
"The court cannot rule on the request for the assignment only after consulting the Autorité des marchés financiers if the securities concerned are listed on a regulated market or on an organized multilateral trading system. It is applied, for shareholders, of articles L. 433-1 et seq. of the monetary and financial code.
"The court ruled by a single judgment on the assignment and value of social rights granted. It designates, in this judgment, a legal agent responsible for passing the acts necessary for the realization of the orderly assignment and paying the price to the assigning partners or shareholders.
"The court shall subordinate the adoption of the plan to the commitment of the subscriber or assignee of the shares, capital securities or securities giving access to the capital to retain its rights for a period not exceeding that of the plan.
"The court may subordinate the adoption of the plan to the presentation by subscribers or shareholders of a guarantee by a credit agency, in an amount equal to their commitments, in the recovery plan. It may also subordinate this conversion of receivables to social shares, capital securities or securities giving access to the capital of the enterprise.
"The plan shall be determined under the condition of payment of the price by subscribers or shareholders or shareholders. If not, the court shall, at the request of a transferor's partner, the debtor, the commissioner for the execution of the plan, the agent of justice or the public prosecutor's office, decide on the resolution of the subscription or assignment of shares, capital securities or securities giving access to capital.
"The Commissioner for the Implementation of the Plan ensures that subscribers or shareholders comply with their obligations. It has a quality to act against subscribers or assignees to obtain the execution of their financial commitments. It informs the business committee or, if not, staff delegates of the implementation of the recovery plan, as well as of the fulfilment of their commitments by subscribers or assignees.
"The court may amend the plan pursuant to Article L. 626-26 and the last paragraph of Article L. 626-31 of this Code.
"In the event of a failure of a subscriber or assignee partner or shareholder, the court, seized by the Commissioner for the execution of the plan or by the Public Prosecutor's Office, by the business committee or, failing that, by staff delegates, may make the resolution of the recovery plan, without prejudice to the compensation of the damage suffered. He is in the presence of the Public Prosecutor's Office. The price paid by the subscriber or the assignee remains acquired.
"This section is not applicable where the debtor is engaged in a liberal business subject to legislative or regulatory status. »
II. - After the 6° of the I of the article L. 661-1 of the same code, it is inserted a 6° bis as follows:
"6° bis Decisions on the designation of an agent provided for in the 1st of section L. 631-19-2 and on the assignment of all or part of the interest held in the capital provided for in the 2nd of the same article, on the part of the debtor, the administrator, the judicial agent, the business committee or, if not, the personnel delegates or, if not, the representative of the employees referred to in section L. "
III. - Articles L. 631-19-2 and L. 661-1 of the Commercial Code, in their drafting resulting from this article, are applicable in the Wallis and Futuna Islands.
IV. - This section is applicable to open judicial redress proceedings as of the publication of this Act.
In the last paragraph of Article L. 653-8 of the Commercial Code, after the word "omitted", it is inserted the word "knowly".
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order within six months of the promulgation of this Act to:
1° To reconcile the regime applicable to the pledge of stocks defined in Chapter VII of Title II of Book V of the common law regime of the collection of tangible furniture defined in Chapter II of Title II of Book IV of the Civil Code, to clarify and make possible the pact and pledge with or without dispossession, with a view to promoting the financing of enterprises on stocks;
2° Amend the regime applicable to the pledge of tangible furniture and the pledge of stocks under Book VI of the Commercial Code to promote the continued activity of the company, the maintenance of employment and the fulfilment of the liability.
I.-The title of paragraph 3 of sub-section 2 of chapter II, section 2 of title III of Book I of the third part of the Labour Code is as follows: "Other derogations from Sunday rest".
II.-Article L. 3132-21 of the same code is thus restored:
"Art. L. 3132-21.-The authorizations provided for in section L. 3132-20 shall be granted for a period not exceeding three years, after notice of the municipal council and, where appropriate, of the legislative body of the public institution of intercommunal cooperation with clean taxation whose commune is a member, of the board of trade and industry, of the chamber of trades and crafts, as well as professional organizations of interested employers and of professional organizations
"In the event of a duly justified emergency and when the number of Sundays for which the authorization provided for in the same section L. 3132-20 does not exceed three, the advance notices referred to in the first paragraph of this section are not required. »
Paragraph 3 of subsection 2 of section 2 of chapter II of title III of Book I of Part III of the Code is amended as follows:
1° Subparagraph 2 becomes subparagraph 3;
2° It is re-established a sub-paragraph 2 entitled “Derogations on a Geographic basis” and comprising articles L. 3132-25 to L. 3132-25-6;
3° At the beginning of sub-paragraph 2, as it results from 2°, an article L. 3132-24 is added as follows:
"Art. L. 3132-24.-I.- Retail establishments that provide goods and services and are located in international tourist areas may provide weekly rest on a rolling basis for all or part of staff, subject to the conditions set out in articles L. 3132-25-3 and L. 3132-25-4.
"II.-The international tourism zones are defined by the ministers responsible for labour, tourism and trade, after the mayor's advice and, if necessary, the president of the public institution of intercommunal cooperation with clean taxation whose commune is a member and professional organizations of employers and trade union organizations of interested employees, taking into account the international radiance of these zones, the exceptional affluence of tourists residing outside France and of the purchases.
"III.-Three years after the delimitation of an international tourism zone, the Government gives Parliament an economic and social assessment of the open trade practices that have developed following this delimitation.
"IV.-A decree in the Council of State determines the modalities for the application of this article. »
The first two paragraphs of Article L. 3132-25 of the same code are replaced by a paragraph as follows:
"The retail establishments that provide goods and services and that are located in the tourist areas characterized by a particularly significant affluence of tourists may give weekly rest on a rolling basis for all or part of the staff, under the conditions provided for in articles L. 3132-25-3 and L. 3132-25-4. »
Article L. 3132-25-1 of the same code is as follows:
"Art. L. 3132-25-1.- Retail establishments that provide goods and services and that are located in commercial areas characterized by a particularly significant commercial offer and potential demand, if any, taking into account the immediate proximity of a border area, may give weekly rest on a rolling basis for all or part of the staff, under the conditions set out in sections L. 3132-25-3 and L. 3132-25-4.
"A decree in the Council of State determines the modalities for the application of this article. »
Article L. 3132-25-2 of the same code is as follows:
"Art. L. 3132-25-2.-I.-The request for the delimitation or modification of the areas defined in sections L. 3132-25 and L. 3132-25-1 is made by the mayor or, after consultation with the mayors concerned, by the president of the public institution for inter-communal cooperation with clean taxation, where the latter exists and the perimeter of the area concerned exceeds the territory of a single municipality.
"The request for delimitation or modification of these zones is forwarded to the representative of the State in the region. It is motivated and includes an impact study that warrants the opportunity for the creation or modification of the area.
"II.-The zones mentioned in I are delimited or modified by the representative of the State in the region after notice:
« 1° Municipal council of municipalities whose territory is concerned;
« 2° Professional organizations of employers and trade union organizations of interested employees;
« 3° From the legislative body of public institutions of inter-communal cooperation to clean taxation which are members of the communes whose territory is concerned;
« 4° From the departmental committee of tourism, for the tourist areas mentioned in article L. 3132-25;
« 5° From the Chamber of Commerce and Industry and the Chamber of Trade and Crafts, for the commercial areas referred to in Article L. 3132-25-1.
"The notice of these organizations shall be deemed to have been given after a period of two months from the date of their referral in the event of an application for delimitation of an area and a month in the event of an application to amend an existing area.
"III.-The representative of the State in the region shall decide within six months on the application for delimitation before him. It shall rule within three months on an application to amend an area. »
I. - Article L. 3132-25-3 of the Labour Code is amended as follows:
1° The first paragraph is amended to read:
(a) At the beginning, the mention is added: "I. -";
(b) References: "to articles L. 3132-20 and L. 3132-25-1" are replaced by the reference: "to article L. 3132-20";
2° These are added to II and III:
“II. - To benefit from the ability to give weekly rest on a rolling basis for all or part of the staff, as provided for in sections L. 3132-24, L. 3132-25-1 and L. 3132-25-6, the establishments must be covered either by a collective agreement of branch, group, enterprise or establishment, or by an agreement reached at a territorial level, or by an agreement entered into under the conditions referred to in II to IV of Article 5125-4.
"The collective agreements of branch, group, business and settlement and territorial agreements provide for a specific compensation to take into account the derogatory nature of the work performed on Sunday.
"The agreement referred to in the first paragraph of this II sets out the considerations, in particular wages, granted to private employees of Sunday rest as well as the commitments made in terms of employment or in favour of certain persons in difficulty or persons with disabilities. It also provides for measures to facilitate the reconciliation between work and personal life of employees deprived of Sunday rest. This paragraph also applies to establishments other than those mentioned in section L. 3132-12 for their employees who work in the sales area of an establishment located in one of the areas referred to in sections L. 3132-24, L. 3132-25 and L. 3132-25-1 or in one of the stations referred to in section L. 3132-25-6.
"The agreement sets out the employer's counterparties to compensate for child custody charges for employees deprived of Sunday rest.
"In institutions of less than eleven employees, in the absence of a collective agreement or agreement reached at a territorial level, the faculty referred to in the first paragraph of this II shall be opened after consultation by the employer of the employees concerned on the measures provided for under the second to fourth paragraphs and approval of the majority of them.
"In the event of a crossing of the threshold of eleven employees referred to in the fifth paragraph, the first paragraph shall apply from the third consecutive year in which the number of employees employed in the area reaches that threshold.
"III. - In the cases provided for in I and II of this section, the agreement or unilateral decision of the employer pursuant to section L. 3132-20 determine the conditions under which the employer takes into account the evolution of the personal situation of employees deprived of Sunday rest. »
II. - Organizations linked by a branch agreement or, if not, by professional agreements whose stipulations apply to retail establishments that make available goods and services open negotiations on the topics mentioned in the articles L. 3132-25-3 and L. 3132-25-4 the Labour Code within six months of the promulgation of this Act.
Article L. 3132-25-4 of the Labour Code is amended as follows:
1° The first and third paragraphs are deleted;
2° The second paragraph is amended to read:
(a) The first sentence is amended to read:
- at the beginning, the words are added: "For the purposes of articles L. 3132-20, L. 3132-24, L. 3132-25, L. 3132-25-1 and L. 3132-25-6,"
- at the end, the words: "on the basis of such authorization" are deleted;
(b) In the second sentence, the words: "beneficiary of such authorization" are deleted;
(c) In the last two sentences, the words: "from a company that is a beneficiary of such an authorization" are deleted;
3° After the second preambular paragraph, a sub-item reads as follows:
"The collective agreement or the measures proposed by the employer referred to in Article II of Article L. 3132-25-3 determine the modalities for taking into account a change of opinion of the private employee of Sunday rest. » ;
4° At the beginning of the first sentence of the fourth paragraph, the words are added: "For the purposes of Article L. 3132-20,"
5° It is added a paragraph to read:
"The employer shall take all necessary measures to enable employees to exercise their right to vote personally in national and local elections when they take place on Sunday. »
Article L. 3132-25-5 of the same code is supplemented by a paragraph as follows:
"Food retail shops located in the areas referred to in Article L. 3132-24 or in the railway stations mentioned in Article L. 3132-25-6 are subject, for the Sunday period, to be purchased at thirteen hours, in Article L. 3132-13. After thirteen hours, they may give weekly rest on a rolling basis for all or part of the staff as defined in Article L. 3132-25-3 II and III and Article L. 3132-25-4. »
Article L. 3132-25-6 of the same code is as follows:
"Art. 3132-25-6.-A joint order of Ministers responsible for transport, labour and trade may, after notice of the mayor, if any of the president of the public intercommunal cooperation institution whose commune is a member, and representatives of the employers and employees of the institutions concerned, authorize the retail establishments that make available the goods and services and that are located in the right of a station that is not included in the
"Notices required under the first paragraph of this section shall be deemed given after a period of two months from the referral of the persons and organizations concerned. »
I.-Article L. 3132-26 of the same code is amended as follows:
1° The first paragraph is amended to read:
(a) The first sentence is supplemented by the words: "taking after City Council notice";
(b) In the second sentence, the word "five" is replaced by the word "Twelve";
(c) Is added a sentence as follows:
"The list of Sundays is stopped by December 31, for the following year. » ;
2° After the first paragraph, two sub-items are inserted:
"When the number of these Sundays exceeds five, the mayor's decision is taken after a consistent opinion of the governing body of the public institution of intercommunal cooperation with clean taxation whose commune is a member. Failing deliberation within two months of its referral, this notice is deemed favourable.
"For food retail businesses whose sales surface is greater than the threshold mentioned in the first paragraph of section 3 of Act No. 72-657 of 13 July 1972 establishing measures in favour of certain categories of older merchants and craftsmen, when the holidays mentioned in article L. 3133-1, with the exception of the 3rd, are worked, they are deducted by the establishment of Sundays designated by the mayor as the limit of the title » ;
3° In the second paragraph, the words "this decision" are replaced by the words "the decision mentioned in the first three paragraphs".
II.- Within the year following the promulgation of this Act, as part of the pre-conference to the designation of Sundays provided for in theArticle L. 3132-26 of the Labour Code, the mayor submits to the municipal council and, if necessary, to the legislative body of the public intercommunal cooperation institution the issue of the opening of the libraries.
Article L. 3132-13 of the Labour Code is supplemented by a paragraph as follows:
"In food retail businesses with a sales surface above the threshold mentioned in the first paragraph of Article 3 of Law No. 72-657 of 13 July 1972 Introducing measures for certain categories of older merchants and craftsmen, private employees of Sunday rest receive a minimum wage of 30% over the normal wages due for an equivalent period. »
After article L. 3132-26 of the same code, an article L. 3132-26-1 is inserted as follows:
"Art. L. 3132-26-1. - When Sunday rest was abolished on the day of a national or local election, the employer shall take all necessary measures to allow employees to exercise their right to vote personally. »
After article L. 3132-27 of the same code, an article L. 3132-27-1 is inserted as follows:
"Art. 3132-27-1. - The first paragraph of Article L. 3132-25-4 is applicable to private employees of Sunday rest pursuant to Article L. 3132-26. »
After article L. 3122-29 of the same code, an article L. 3122-29-1 is inserted as follows:
"Art. L. 3122-29-1. - I. - By derogation from Article L. 3122-29, for retail establishments that make available goods and services and are located in the areas referred to in Article L. 3132-24, the beginning of the night work period may be carried forward up to 24 hours. When fixed beyond 22 hours, the night period ends at 7 o'clock.
“II. - The ability to employ employees between 21 hours and 24 hours is applicable to establishments located in the areas referred to in Article L. 3132-24 where they are covered by a collective agreement of branch, group, enterprise, institution or territorial that provides for this faculty. Each of the working hours carried out during the period between 21 hours and the beginning of the night work period shall be paid at least double the normal pay due and shall result in an equivalent compensatory rest in time.
"The collective agreement referred to in the first paragraph of this II provides, inter alia, for the benefit of employees employed between 21 hours and the beginning of the night work period:
« 1° The provision of a means of transportation provided by the employer that allows the employee to return to his place of residence;
« 2° Measures to facilitate the reconciliation between the working life and the personal life of employees and, in particular, measures to compensate for childcare expenses;
« 3° The setting of conditions for the employer's consideration of the evolution of the personal situation of employees and, in particular, of their change of opinion. For employees referred to in Article L. 1225-9, the choice not to work between 21 hours and the beginning of the night period is immediate effect.
"III. - Only voluntary employees who have given their written consent to their employer can work between 21 hours and 24 hours. A company cannot consider a person's refusal to work between 21 hours and the beginning of the night work period to refuse to hire him. The employee who refuses to work between 21 hours and the beginning of the night work period cannot be discriminated against in the performance of his employment contract. The refusal to work between 21 hours and the beginning of the night work period for an employee is not a fault or reason for termination.
"IV. - Articles L. 3122-37, L. 3122-38 and L. 3122-42 to L. 3122-45 are applicable to employees who work between 21 hours and 24 hours, as long as they complete the minimum number of working hours provided for in Article L. 3122-31.
"When, during the same period of reference, the employee has completed evening work hours pursuant to this article and night work hours pursuant to Article L. 3122-31, the hours are accumulated for the application of the first paragraph of this IV and Article L. 3122-31. »
Article L. 3132-29 of the same code is supplemented by a paragraph as follows:
"At the request of trade union organizations representative of employees or representative organizations of employers of the geographical area concerned expressing the will of the majority of the members of the profession of this geographical area, the Prefect repeals the order mentioned in the first paragraph, without the termination of the order being effective before a period of three months. »
Sub-section 2 of chapter II, section 2, of title III of Book I of the third part of the Labour Code is supplemented by a paragraph 4 as follows:
“Paragraph 4
“Local Concertation
"Art. L. 3132-27-2.- Within the perimeter of each territorial coherence scheme, the representative of the State in the region meets annually the mayors, the presidents of the public institution of intercommunal cooperation to clean taxation, the associations of traders and the representative organizations of the employees and employers of the retail trade, and organizes a consultation on the practices of the Sunday opening of the retail trades in terms of the derogations to the Sunday rest »
I. - Municipalities of tourist or thermal interest and tourist areas of exceptional affluence or permanent cultural animation created before the publication of this Act pursuant toArticle L. 3132-25 of the Labour Code, in its earlier drafting of this Act, constitute in full right tourist zones, within the meaning of Article L. 3132-25, in its drafting resulting from this Act.
Sections L. 3132-25-3 and L. 3132-25-4 of the same Code, in their drafting as a result of this Act, apply to employees employed in the establishments referred to in these same sections L. 3132-25-3 and L. 3132-25-4 located in the communes or areas referred to in the first paragraph of this I on the date of publication of this Act, effective the first day of the twenty-fourth month following publication.
II. - The Exceptional Consumption Perimeters created prior to the publication of this Act pursuant toArticle L. 3132-25-2 of the Labour Code, in its earlier drafting of this Act, are in full law commercial areas within the meaning of Article L. 3132-25-1 of the same Code, in its drafting resulting from this Act.
Collective agreements and unilateral decisions of the employer referred to in Article L. 3132-25-3 of the said Code, in its earlier drafting of this Act, remain applicable in facilities located within the scopes mentioned in the first paragraph of this II until the first day of the twenty-fourth month following the publication of this Act.
During this period, where a collective agreement is regularly negotiated, under the conditions set out in Article L. 3132-25-3, II and III, in its drafting resulting from this Act, after the unilateral decision made under the first paragraph of the same section, in its writing before this Act, this agreement shall apply as soon as it is signed in place of that decision.
III. - The one.Article L. 3132-26 of the Labour Code, in its writing resulting from this Act, applies, for the first time, for the year following the year in which this Act is published.
By derogation from article L. 3132-26 of the Labour Code, in its earlier drafting of this Act, for the year in which this Act is published, the mayor or, in Paris, the prefect may designate nine Sundays during which, in retail establishments, weekly rest is abolished.
I.-The first part of the Labour Code is amended:
1° Chapter I of Book IV title II is supplemented by an article L. 1421-2 as follows:
"Art. L. 1421-2.-The prud'homme advisers exercise their functions independently, impartially, dignity and probity and behave so as to exclude any legitimate doubt in this regard. They refrain, in particular, from any public act or behaviour incompatible with their functions.
"They are kept in secret from the deliberations.
"They are prohibited any concerted action of a nature to stop or hinder the functioning of the courts where the removal of the examination of a case may result in irremediable or manifestly excessive consequences for the rights of a party. » ;
2° In the title of section 4 of chapter III of the same title II, after the word "conciliation", the words "and orientation" are inserted;
3° In the first sentence of the first paragraph of Article L. 1235-1, in the first paragraph of Article L. 1454-2 and in Article L. 1454-4, the words: "conciliation" are replaced by the words: "conciliation and orientation";
4° After the fourth paragraph of Article L. 1235-1, three paragraphs are inserted as follows:
"The judge may take into account an indicative referential established, after the advice of the Higher Council of Homage, according to the terms provided by decree in the Council of State.
"This repository sets out the amount of compensation that may be allocated, in particular on the basis of the seniority, age and status of the applicant in relation to employment, without prejudice to legal, conventional or contractual compensation.
"If the parties jointly apply the claim, the allowance is fixed by the sole application of this repository. » ;
5° Article L. 1423-3 is supplemented by a paragraph as follows:
"At his request and at least once a year, the starting judge referred to in article L. 1454-2 attends the general assembly of the Human Prud'homme Council. » ;
6° In Article L. 1423-8, the words "or cannot work" are deleted and the words: "a court of proceedings" are replaced by the words: "one or more judges within the jurisdiction of the court of appeal";
7° In Article L. 1423-9, the words: "a court of proceedings" are replaced by the words: "one or more judges within the jurisdiction of the court of appeal";
8° After the article L. 1423-10, an article L. 1423-10-1 is inserted as follows:
"Art. L. 1423-10-1.-In the event of an interruption in the functioning of the human rights council or serious difficulties making this operation impossible under normal conditions, the first president of the Court of Appeal shall designate one or more judges within the jurisdiction of the Court of Appeal to hear cases in the role of the human rights council. It sets out the date on which cases are provisionally submitted to these judges.
"When the first president of the Court of Appeal finds that the Board is again in a position to operate, it sets out the date on which the cases will be brought before that Board. » ;
9° In section L. 1423-12, the words: "an equal number of employers and employees" are replaced by the words: "two prud'hommes advisers and two prud'hommes advisers";
10° Article L. 1423-13 is as follows:
"Art. L. 1423-13.-The conciliation and orientation office, the referee training and the judgment office in its limited composition are composed of a prud'homme employer advisor and an employee prud'homme advisor. » ;
11° Article L. 1442-1 is supplemented by two paragraphs as follows:
"The prud'homme counsellors are undergoing initial training in the exercise of their legal function and ongoing training. Initial training is common to prud'hommes employers and employees. It's organised by the state.
"Every prud'homme advisor who has not met the initial training requirement within a time limit set by decree is deemed to be resigning. » ;
12° The first paragraph of Article L. 1442-2 is replaced by three paragraphs as follows:
"For the purposes of their training provided for in Article L. 1442-1, employers grant to employees of their company members of a prud'hommes board permissions of absence, which may be split, within the limit of:
« 1° Five days per warrant for initial training;
« 2° Six weeks per warrant under continuing education. » ;
13° Article L. 1442-11 is as follows:
"Art. L. 1442-11.-The acceptance by a prud'homme adviser of an imperative mandate, before or after his or her entry into office and in any form, constitutes a serious breach of his or her duties.
"If this fact is recognized by the judges responsible for deciding on the validity of the electoral process, it shall entail full right the cancellation of the election of the person concerned and the prohibition of the exercise of the functions of prud'homme adviser for a maximum of ten years.
"If the evidence is reported only later, the fact results in the termination of the person's mandate under the conditions set out in sections L. 1442-13-2 to L. 1442-14, L. 1442-16-1 and L. 1442-16-2. » ;
14° Article L. 1442-13 is as follows:
"Art. L. 1442-13.-Any failure to perform his duties by a prud'homme adviser is likely to constitute a disciplinary fault. » ;
15° After the same article L. 1442-13, articles L. 1442-13-1 to L. 1442-13-3 are inserted as follows:
"Art. L. 1442-13-1.-In addition to any disciplinary action, the first court of appeal presidents may recall to their obligations the prud'homme advisors of the prud'homme councils located within the jurisdiction of their court.
"Art. L. 1442-13-2.-Disciplinary power is exercised by a National Disciplinary Commission, which is chaired by a Chamber President at the Court of Cassation, appointed by the first President of the Court of Cassation, and which includes:
« 1° A member of the Council of State, appointed by the Vice-President of the Council of State;
« 2° A magistrate and a magistrate of the court of appeal, appointed by the first president of the Court of Cassation on a list prepared by the first presidents of the courts of appeal, each of them deciding the name of a magistrate and a magistrate of the seat of his court of appeal after notice of the general assembly of the magistrates of the seat of the court of appeal;
« 3° A representative and a representative of the employees, prud'homme advisers or having served as a prud'homme adviser, appointed by the representatives of the employees to the Higher Council of the Occupational Prud'homie;
« 4° A representative and a representative of employers, prud'homme advisers or having served as a prud'homme adviser, appointed by the employers' representatives to the Higher Council of Recruitment within it.
"Alternatives in equal numbers are designated under the same conditions. Members of the National Disciplinary Commission are appointed for three years.
"Art. L. 1442-13-3.-The National Disciplinary Commission may be seized by the Minister of Justice or by the first president of the Court of Appeal in the jurisdiction of which the prud'homme adviser sits, after hearing by the first president. » ;
16° Article L. 1442-14 is as follows:
"Art. L. 1442-14.-Disciplinary sanctions applicable to prud'homme advisers are:
« 1° The blame;
« 2° Suspension for a period not exceeding six months;
« 3° The demise with a prohibition to exercise the functions of prud'homme adviser for a maximum of ten years;
« 4° The demise with a final prohibition to exercise the functions of prud'homme adviser. » ;
17° Article L. 1442-16 is as follows:
"Art. L. 1442-16.-On the proposal of the Minister of Justice or the first president of the Court of Appeal in the jurisdiction of which the prud'homme adviser questioned sits, the President of the National Disciplinary Commission may suspend a prud'homme adviser, for a period not exceeding six months, when it exists against the person concerned, which has been previously heard by the first president, of disciplinary acts that result in a sanction. The suspension may be renewed once by the national commission for a period not exceeding six months. If the prud'homme advisor is subject to criminal prosecution, the suspension may be ordered by the president of the national commission until the final criminal decision is taken. » ;
18° After the same article L. 1442-16, articles L. 1442-16-1 and L. 1442-16-2 are inserted as follows:
"Art. L. 1442-16-1.-The National Disciplinary Commission may deliberate only if at least four of its members, including the Chair, are present. In the event of equal sharing of votes, the president's voice is preponderant.
"Art. L. 1442-16-2.-The decisions of the National Disciplinary Commission and those of its President are motivated. » ;
19° Article L. 1453-4 is as follows:
"Art. L. 1453-4.-A trade union advocate performs assistance or representation functions in front of the human prud'homme's councils and the court of appeal in the case of a man.
"He is registered on a list by the administrative authority on the proposal of employers' and representative employees' organisations at the national and interprofessional, national and multi-professional level or in at least one branch, under conditions defined by decree. » ;
20° Section L. 1453-2 is amended as follows:
(a) In the first paragraph, the words: "the section or, when it is divided into rooms, in front of the room to which" are replaced by the words: "the council of prud'hommes to which";
(b) The second paragraph is deleted;
21° Chapter III of Book IV title V is supplemented by articles L. 1453-5 to L. 1453-9 as follows:
"Art. L. 1453-5.-In the establishments of at least eleven employees, the trade union defender has the time required to carry out his duties within ten hours per month.
"Art. L. 1453-6.-The time spent by the trade union defender outside the company during the working hours for the exercise of his or her mission is equivalent to an effective working period for the determination of the duration of the paid leave and the right to social insurance and family benefits, as well as to all the rights that the employee holds as a result of his or her seniority in the company.
"These absences are paid by the employer and do not result in any decrease in the corresponding remuneration and benefits.
"Employers are reimbursed by the state of wages maintained during the absence of the trade union defender for the exercise of his mission and the corresponding benefits and social expenses.
"A decree determines the method of compensation of the trade union defender who carries out his work outside of any institution or who depends on several employers.
"Art. L. 1453-7.-The employer shall grant to the trade union defender, at the request of the employee, authorizations for absence for the purposes of his training. These authorizations are issued within two weeks per four-year period following the publication of the list of trade union defenders on which it is registered.
"Section L. 3142-12 is applicable to these authorizations. These absences are paid by the employer. They are admitted under the conditions provided for in Article L. 6331-1 for the participation of employers in the financing of vocational training.
"Art. L. 1453-8.-The trade union defender is held in professional secrecy for all matters relating to manufacturing processes.
"It is held at an obligation of discretion in respect of information of a confidential nature and as such by the person he attends or represents or by the opposing party in the course of a negotiation.
"Any failure to understand these obligations may result in the removal of the person concerned from the list of trade union defenders by the administrative authority.
"Art. L. 1453-9.-The exercise of the duty of a trade union defender cannot be a cause of disciplinary sanction or termination of the labour contract.
"The dismissal of the trade union defender is subject to the administrative authorization procedure provided for in Book IV of Part II. » ;
22° Section 1 of Chapter IV of the same title V is amended as follows:
(a) The title is thus written: "Conciliation, Guidance and Condition of the Case";
(b) Article L. 1454-1 is as follows:
"Art. L. 1454-1.-The conciliation and guidance office is responsible for reconciling the parties.
"As part of this mission, the conciliation and guidance office may hear each of the parties separately and in confidentiality. » ;
(c) Items L. 1454-1-1 are added to L. 1454-1-3 as follows:
"Art. L. 1454-1-1.-In the event of a failure of conciliation, the conciliation and guidance office may, by simple measure of judicial administration:
« 1° If the dispute concerns a termination or a request for judicial termination of the employment contract, refer the parties, with their agreement, to the judgment office in its limited composition referred to in Article L. 1423-13. Restricted training must be decided within three months;
« 2° Send the parties, if they so request or if the nature of the dispute warrants it, to the judgment office referred to in Article L. 1423-12 presided by the judge referred to in Article L. 1454-2. Section L. 1454-4 is not applicable.
"If not, the case is referred to the judgment office referred to in Article L. 1423-12.
"The seized training is familiar with all requests from the parties, including additional or counterclaims.
"Art. L. 1454-1-2.-The conciliation and guidance office ensures the rehabilitation of cases.
"When the case is not in a position to be tried before the judgment office, it can ensure its remediation.
"One or two rapporteurs may be appointed to ensure that the case is reviewed. They prescribe all necessary measures for this purpose.
"The supervisors referred to in Article L. 8271-1-2 shall communicate to the Rapporteurs, at the request of the Rapporteurs, and shall not be able to oppose the professional secrecy, the information and documents relating to the concealed work, the merchanting or the illicit loan of labour available to them.
"Art. L. 1454-1-3.-If, except on legitimate grounds, a party does not appear, personally or as represented, the conciliation and guidance office may judge the matter, in the state of the evidence and means that the comparing party has contradictoryly communicated.
"In this case, the conciliation and orientation office shall decide as a judgment office in its limited composition referred to in Article L. 1423-13. » ;
23° Section L. 1454-2 is amended as follows:
(a) In the first sentence of the first paragraph, the words: "court of proceedings" are replaced by the words: "jurisdiction tribunal" and the words: "or the judge of proceeding designated by the first president under the last paragraph" are deleted;
(b) The second preambular paragraph reads as follows:
"The judges responsible for these functions are appointed annually, in particular on the basis of their particular abilities and knowledge, by the President of the High Court. » ;
(c) The last paragraph is deleted.
II.-Book IV of the second part of the same code is amended as follows:
1° Title I is amended as follows:
(a) Chapter I is amended to read:
- Article L. 2411-1 is supplemented by a 19° as follows:
"19° Trade union advocate referred to in Article L. 1453-4. » ;
-is added a section 14 as follows:
“Section 14
“ Termination of trade union defender
"Art. L. 2411-24.-The dismissal of the trade union defender may only take place after the authorization of the labour inspector. » ;
(b) Chapter II is amended to read:
- Article L. 2412-1 is supplemented by a 15° as follows:
"15° Trade union advocate mentioned in Article L. 1453-4. » ;
-is added a section 15 as follows:
“Section 15
“Defensor union
"Art. L. 2412-15.-The termination of the fixed-term employment contract of a trade union defender before the end of the contract, due to a serious fault or incapacity experienced by the occupational physician, or to the arrival of the term, where the employer does not intend to renew a contract with a renewal clause, may intervene only after the authorization of the labour inspector. » ;
(c) Article L. 2413-1 is supplemented by a 15° as follows:
"15° Trade union advocate mentioned in Article L. 1453-4. » ;
(d) Article L. 2414-1 is supplemented by a 12° as follows:
"12° Trade union advocate referred to in Article L. 1453-4. » ;
2° Article L. 2421-2 is supplemented by a 6° as follows:
"6° Trade union advocate referred to in Article L. 1453-4. » ;
3° Title III is supplemented by a chapter IX, as follows:
“Chapter IX
“Defensor union
"Art. L. 2439-1.-The termination of the employment contract of an employee on the list of employees who are arrested by the administrative authority referred to in Article L. 1453-4, in breach of the provisions relating to the administrative authorization procedure provided for in this book, shall be punished by imprisonment for one year and a fine of €3,750.
"The transfer of the employment contract of an employee referred to in the first paragraph of this article in the context of a partial transfer of business or establishment, in breach of the provisions relating to the administrative authorization procedure, shall be punished by the same penalties. »
III.-Section 24 of Act No. 95-125 of 8 February 1995 on the organization of jurisdictions and civil, criminal and administrative proceedings is repealed.
IV.-The Civil Code is amended as follows:
1° The second paragraph of Article 2064 is deleted;
2° Section 2066 is supplemented by a paragraph to read:
"The second preambular paragraph is not applicable to litigations in respect of legal matters. »
V.-Section L. 441-1 of the Code of the Judicial Organization is supplemented by a paragraph to read as follows:
"They may, under the same conditions, seek the opinion of the Court of Cassation before deciding on the interpretation of a convention or collective agreement with a serious difficulty and in many disputes. »
VI.-A Article L. 147 C of the Tax Procedures Book, the reference: "second paragraph of Article L. 1454-1" is replaced by the reference: "last paragraph of Article L. 1454-1-2".
VII.-Unless otherwise provided, a decree in the Council of State specifies the conditions for the application of this article.
I.-The 1st to 8th of I and III, IV, V and VII of section 258 of this Act are applicable from the publication of the same Act.
II.-The 9th, 10th and 22nd of the I of the same article shall apply to proceedings brought before the councils of prud'hommes from the publication of this Act.
III.-The 11° and 12° of the same I shall enter into force on the first renewal of the prud'homme advisers following the promulgation of this Act.
IV.-On the first day of the eighteenth month following the promulgation of this Act, no later than 13° to 18° of the said I come into force.
V.-The 19th to 21st of the same I and II of the same article shall enter into force no later than the first day of the twelfth month following the publication of this Act.
VI.-Le 23° dudit I is applicable to proceedings that are the subject of a severance procedure after the publication of this Act.
VII.-By derogation from the last paragraph of Article L. 1442-13-2 of the Labour Code, members of the First National Disciplinary Commission of Prud'homme Advisers are appointed at the time of the entry into force of Article 258 I of this Law until the next renewal of the members of the Superior Council of the Pred'homage.
VIII.-At the end of II of section 16 of Order No. 2011-337 of 29 March 2011 amending the judicial organization in the department of Mayotte, the year: "2015" is replaced by the year: "2017".
Derogation from first paragraph of Article L. 492-4 of the Rural and Maritime Fisheries Code, the next renewal of assessor members of rural lease parity courts takes place in January 2018.
The term of office of the assessor members of the rural lease parity courts as at the date of promulgation of this Act expires on the date of installation of newly elected assessor members.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make, within nine months of the promulgation of this Act, the measures in the area of the law and to amend it. Code of Criminal Procedure, Rural Code and Maritime Fishing, Transport code and Labour code to:
1° Strengthen the monitoring role and prerogatives of the labour inspection system, expand and coordinate the various forms of punishment and, in the field of occupational health and safety, revise the scale of penalties;
2° Repeal provisions that have become irrelevant and ensure editorial coherence in the Labour code and between Labour code and the other codes.
Under the same conditions, the Government is authorized to take by order the measures within the scope of the law relating to the access to the body of the labour inspection by means of a competition reserved for workers within the body of the labour controllers and fulfilling conditions of seniority.
The working code is thus modified:
1° Section L. 2316-1 is amended as follows:
(a) The words: "or regular exercise of their functions" are deleted;
(b) At the end, the amount "3 750 euros" is replaced by the amount "7 500 €";
(c) It is added a paragraph to read:
"The imposition or attempt to infringe on the regular exercise of their duties is punishable by a fine of € 7,500. » ;
2° Sections L. 2328-1, L. 2346-1, L. 2355-1, L. 2365-1 and L. 2375-1 are amended as follows:
(a) The words: ", either to their regular operation" are deleted;
(b) At the end, the amount "3 750 euros" is replaced by the amount "7 500 €";
(c) It is added a paragraph to read:
"To bring an obstacle to their regular operation is punished by a fine of € 7,500. » ;
3° In Article L. 2328-2, the words "of one year's imprisonment and" are deleted and, at the end, the amount "3 750 euros" is replaced by the amount "7 500 €";
4° Article L. 2335-1 is amended as follows:
(a) The first occurrence of the word "or" is deleted;
(b) The words: ", be to the regular functioning of this committee," are deleted;
(c) At the end, the amount "3 750 euros" is replaced by the amount "7 500 €";
(d) It is added a paragraph to read:
"To bring an obstacle to the regular functioning of this committee is punished by a fine of € 7,500. » ;
5° Article L. 4742-1 is amended as follows:
(a) The words: ", be to regular operation" are deleted;
(b) At the end, the amount "3 750 euros" is replaced by the amount "7 500 €";
(c) It is added a paragraph to read:
"The violation of the regular functioning of the committee is punishable by a fine of € 7,500. »
I. - Before the last paragraph of 1 of Article 155 B of the General Code of Taxation, a paragraph is inserted as follows:
"The benefit of the exemption regime shall be retained in the event of a change of functions, for the period defined in the sixth paragraph of this 1, within the company established in France mentioned in the first paragraph or within another company established in France owned by the same group. For the purposes of these provisions, the group agrees on the whole formed by a company established in France or outside France and the companies it controls under the conditions defined in theArticle L. 233-3 of the Commercial Code. »
II. - I applies to changes in duties that have occurred since the publication of this Act.
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
Articles L. 2314-11, L. 2314-20, L. 2314-31, L. 2324-13, L. 2324-18 and L. 2327-7 of the Labour Code are supplemented by a paragraph to read as follows:
"In the event of a dispute, the appeal against the decision of the administrative authority falls within the jurisdiction of the judicial judge. »
In article L. 3142-7 of the same code, the words: "to trade union organizations of registered employees representing on the national level" are replaced by the words: "to trade union organisations mentioned in article L. 2135-12 3".
Articles L. 2314-24 and L. 2324-22 of the same code are supplemented by a paragraph as follows:
"After the proclamation of the results, the employer shall transmit, as soon as possible, a copy of the minutes to the employee union organizations that have submitted lists of candidates to the polls concerned and to those who have participated in the negotiation of the pre-election agreement protocol. »
Article L. 4614-8 of the same code is amended as follows:
1° After the first preambular paragraph, a sub-item reads as follows:
"The consultations made mandatory by a legislative or regulatory provision or by a collective agreement of work shall be entered in full right to the agenda by the chair or secretary. » ;
2° At the beginning of the last paragraph, the word "It" is replaced by the words "The Order of the Day".
In the first paragraph of section L. 2323-4 of the same code, after the words "by the employer" are inserted the words "or, if any, made available under the conditions laid down in section L. 2323-7-3."
Article L. 5212-6 of the Labour Code is amended as follows:
1° In the first paragraph, the word "supplies" is replaced by the word "supply,"
2° After the 3°, it is inserted a 4° as follows:
« 4° Either self-employed persons with disabilities recognized as beneficiaries of the employment obligation under section L. 5212-13. Any person who meets the conditions referred to in Article L. 8221-6 or Article L. 8221-6-1 shall be deemed to be an independent worker within the meaning of this Article. » ;
3° After the word: "institutions", the end of the penultimate paragraph is thus written: ", services or self-employed. However, this partial acquittal is determined either by taking into account the number of employees acting on behalf of the independent workers mentioned in the 4°, or on a lump-sum basis for the self-employed workers mentioned in the same 4° under the scheme provided for in theArticle L. 133-6-8 of the Social Security Code. »
Sub-section 1 of chapter II, section 3, of Book II, Part 5, of the Code is supplemented by an article L. 5212-7-1, as follows:
"Art. L. 5212-7-1. - The employer may partially discharge the employment requirement by welcoming persons with disabilities for occupational situations under the conditions set out in chapter V of Book I of this Part.
"This acquittal is taken into account in calculating the limit set out in the first paragraph of Article L. 5212-7.
"The terms and limits of this partial acquittal are determined by regulation. »
After the first paragraph of article L. 5212-7 of the same code, it is inserted a paragraph as follows:
"This possibility also applies in the event of a reception during observation periods referred to in 2° of section L. 4153-1 of students of general education for whom the disability compensation benefit is paid, the third-person compensation allowance or the education allowance of the disabled child and with an internship agreement. This possibility shall be taken into account in calculating the limit set out in the first paragraph of this article. »
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order within one year of the promulgation of this Act, any measure within the scope of the law to permit:
1° The deletion of the employment contract, referred to in subsection 4 of chapter II, section 1, of Book V, Part 5, Part 5, of the Labour Code;
2° Extension and adaptation to overseas departments, Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon of the job initiative contract mentioned in article L. 5134-65 of the same code;
3° The deletion of the contract of insertion by the activity mentioned in chapter II of title II of Book V of the code of social action and families.
I. - Part 5 of the Labour Code is amended as follows:
1° Section 1 of Chapter IV of Title III of Book I is repealed;
2° At the end of Article L. 5131-8, the words: ", in particular, the conditions under which staff representative institutions are informed of the agreements entered into under the Youth Employment Contracts" are deleted;
3° The 4th and 5th of Article L. 5141-1 are repealed;
4° Sub-section 1 of chapter II, chapter II, section II, of Book V is repealed;
5° The 4th of Article L. 5522-5 is repealed;
6° In Article L. 5522-22, the words "as well as the beneficiaries of the employment-youth contract arriving at the end of their contract" are deleted.
II. - The second paragraph of Article 231 bis N of the General Tax Code is deleted.
Article L. 6332-6 of the Labour Code is supplemented by a 10° as follows:
« 10° The arrangements for the provision of compensation by registered parity collectors under the training plan for companies with fewer than ten employees. »
In the first sentence of the first paragraph of Article 2 of Act No. 82-1091 of 23 December 1982 relating to the professional training of craftsmen, the words "representative craftsmen" are replaced by the word "interested".
At the end of the second sentence of the second paragraph of Article L. 1264-3 of the Labour Code, the amount "10 000 €" is replaced by the amount "500,000 €".
I. - Chapter III of Book II title VI of Part I of the Code is supplemented by articles L. 1263-3 to L. 1263-7 as follows:
"Art. L. 1263-3. - When a labour inspection officer referred to in sections L. 8112-1 or L. 8112-5 finds a serious breach, committed by an employer established outside France who detaches employees from the national territory, in article L. 3231-2 relating to the minimum wage of growth, in article L. 3131-1 relating to the daily rest, in article L. 3132-2 relating to the weekly rest, in article L.Article 225-14 of the Criminal Code, he enjoined in writing to this employer to stop the situation within a time limit set by decree in the Council of State.
"He shall inform, as soon as possible, the owner or the employer's principal.
"The fact that the employer communicated to the supervisory officer deliberately erroneous information constitutes a serious breach within the meaning of the first paragraph.
"Art. L. 1263-4. - In the absence of a regularization by the employer of the situation found within the period referred to in section L. 1263-3, the competent administrative authority may, as long as it is aware of a report by a labour inspection officer that determines the breach and in the light of the repetition or seriousness of the facts found, order, by reason of decision, the suspension by the employer of the performance of the service concerned.
"The administrative authority shall terminate the measure as soon as the employer justifies the termination of the breach.
"Art. L. 1263-5. - The decision to suspend the provision of services rendered by the administrative authority shall not result in any breach or suspension of the contract of employment or any monetary damage to the employees concerned.
"Art. L. 1263-6. - The employer's failure to comply with the administrative decision referred to in section L. 1263-4 shall be liable to an administrative fine, which shall be imposed by the competent administrative authority, on the motivated report of a labour inspection officer referred to in sections L. 8112-1 or L. 8112-5.
"To determine the amount of the fine, the administrative authority shall take into account the circumstances and severity of the breach, the behaviour of its author and its resources and expenses. The fine is less than or equal to €10,000 per employee concerned by the default.
"The statute of limitations for the action of the administration for the penalty of failure by an administrative fine is two years since the day the breach was committed.
"The fine is recovered as the claims of the foreign state to the tax and the estate.
"Art. L. 1263-7. - The employer temporarily detains employees in the national territory, or its representative referred to in the II of Article L. 1262-2-1, present at the place of performance at the inspection of the work of the documents translated into the French language to verify compliance with the provisions of this title. »
II. - Chapter II of the same title VI is amended as follows:
1° The first sentence of the first paragraph of article L. 1262-3 is as follows:
"An employer may not avail itself of the provisions applicable to the detachment of employees where it operates in the State in which it is established, activities that are solely internal or administrative, or where its activity is carried out in the national territory in an usual, stable and continuous manner. » ;
2° The 8th of Article L. 1262-4 is supplemented by the words: ", as well as legal or conventionally fixed wage accessories";
3° Article L. 1262-4-1 is supplemented by a paragraph as follows:
"In the absence of a copy of the statement referred to in Article L. 1262-2-1 by the contracting officer, the contracting officer or the address donor, within forty-eight hours after the detachment begins, a statement to the inspection of the work of the place where the benefit begins. A decree determines the information contained in this declaration. » ;
4° After the article L. 1262-4-2, an article L. 1262-4-3 is inserted as follows:
"Art. L. 1262-4-3. - The owner or the principal, informed in writing by one of the supervisors referred to in Article L. 8271-1-2 of the non-payment of the legal or conventional minimum wage due to the employee, detached within the meaning of Article L. 1261-3, by his or her contractor, by a direct or indirect subcontractor or by a contractor of a subcontractor, immediately terminated
"In the absence of regularization of the situation reported within a time limit set by decree, the owner or the principal, if he does not denounce the contract of service provision, is held in solidarity with the employer of the employee to pay the remuneration, allowances and expenses due, under conditions fixed by decree in the Council of State.
"This section does not apply to an individual who is contracting with a business for his or her personal use, that of his or her spouse, partner to whom he or she is bound by a civil pact of solidarity, his or her concubine or his or her ascendants or descendants. » ;
5° Article L. 1262-5 is amended as follows:
(a) At 5°, the words: "the audits are performed" are replaced by the words: "the obligations are met";
(b) It is added a 7° as follows:
« 7° The conditions for the application of Article L. 1263-7, including the nature of the documents to be translated into the French language and their terms of reference in the national territory. »
III. - Chapter IV of the same title VI is amended as follows:
1° Article L. 1264-1, after the reference: "L. 1262-2-1", is inserted the reference: "or Article L. 1263-7";
2° In section L. 1264-2, the words "check" are deleted.
IV. - Section 1 of Chapter III of Book I title I of Part 8 of the Code is amended as follows:
1° The title is supplemented by the words: "and in the premises assigned to accommodation";
2° An article L. 8113-2-1 is added as follows:
"Art. L. 8113-2-1. - For the purposes of articles L. 4221-1 and L. 4231-1 and 1° of Article L. 8112-2 of this code andArticle L. 716-1 of the Rural and Maritime Fisheries Code, Labour Inspection Officers may enter any premises assigned to the accommodation of workers, after receiving the authorization of the person(s) in charge of the accommodation. »
V. - After the first paragraph of section 1 of Act No. 73-548 of 27 June 1973 on collective accommodation, a paragraph is inserted in this section:
"As long as this location is assigned to the accommodation of workers, this statement is also made to the workplace inspection at the location of this facility. »
VI. - After the 3rd of Article L. 114-12-1 of the Social Security Code, it is inserted a 4th so written:
« 4° The institutions mentioned in theArticle L. 3253-14 of the Labour Code. »
I.-Le titre III du livre III de la première partie du code des transports est ainsi écrit :
« Title III
“LUTTE CONTRE LA CONCURRENCE SOCIAL DELOYALE
“UNIQUE Chapter
"Art. L. 1331-1.-I.-A decree in the Council of State sets out the conditions under which a certificate issued by the carriers referred to in Article L. 1321-1 of this code that detaches rolling or navigating employees is substituted for the declaration referred to in the declaration referred to in I of Article L. 1262-2-1 of the Labour Code.
"II.-A decree in the Council of State sets out the period during which the liaison between the agents mentioned to theArticle L. 8271-1-2 of the Labour Code and the representative on the designated national territory, pursuant to Part II of Article L. 1262-2-1 of the same code, by the transport companies referred to in Article L. 1321-1 of this code that detach rolling or navigating employees.
"Art. L. 1331-2.-For the application to the carriers referred to in Article L. 1321-1 of this Article Code L. 3245-2, L. 4231-1 and L. 8281-1 the labour code, the consignee of the contract of carriage is assimilated to the order donor.
"Art. L. 1331-3.-The terms and conditions for the application of title VI of Book II of Part I of the Labour Code to the companies referred to in Article L. 1321-1 of this Code are defined by decree in the Council of State. »
II.-The 6th of section L. 1821-8-1 of the same code is repealed.
I. - Article L. 8272-2 of the Labour Code is amended as follows:
1° The first paragraph is amended to read:
(a) In the first sentence, after the reference: "L. 8211-1", the words are inserted: "or a report prepared by one of the control agents referred to in Article L. 8271-1-2 that found a breach of 1° to 4°";
(b) In the same sentence, the word "provisional" is replaced by the word "temporary";
2° The second preambular paragraph reads as follows:
"The temporary closure measure is waived in the event of a relaxed or non-place decision. When a temporary administrative closure has been decided by the administrative authority prior to a criminal judgment, its duration is imputed on the duration of the additional closure sentence referred to in 4° of Article 131-39 of the Criminal Code, for a period of not more than five years of the establishments or one or more of the establishments of the company that have been used to commit the facts incriminated, as appropriate, by the criminal court. » ;
3° In the third paragraph, the word "provisional" is replaced by the word "temporary".
II. - 3° of articles L. 8224-3 and L. 8256-3 of the same code is as follows:
« 3° The confiscation penalty under the conditions and in the manner provided for in theArticle 131-21 of the Criminal Code ;".
III. - After the fifth preambular paragraph of articles L. 8234-1 and L. 8243-1 of the same code, a sub-paragraph is inserted as follows:
"The court may order, as a supplementary sentence, the confiscation penalty under the conditions and in the manner prescribed in theArticle 131-21 of the Criminal Code. »
IV. - Book II of the eighth part of the same code is supplemented by a title IX as follows:
« Title IX
"DeCLARATION AND PROFESSIONAL IDENTIFICATION CARTE OF SALARIES AND PUBLIC WORK
“UNIQUE Chapter
"Art. L. 8291-1. - A professional identification card is issued by a national agency designated by decree in the Conseil d'Etat to each employee performing construction or public works on behalf of a company established in France or on behalf of a company established outside France in case of detachment. It includes information relating to the employee, his employer, if applicable to the user company, and to the agency that issued the card.
"A decree in the Council of State determines the terms and conditions of declaration of employees either by the employer established in France, or, in the event of detachment, by the employer established outside France, or by the user company that employs temporary workers, for the purpose of issuing the card.
"A decree in the Council of State, taken after the advice of the National Commission of Computer Science and Freedoms, determines the modalities for the issuance of the professional identification card, as well as the information relating to the employees included therein.
"Art. L. 8291-2. - In the event of a breach of the reporting obligation referred to in section L. 8291-1, the employer or, where applicable, the user undertaking is liable to an administrative fine.
"The breach is liable to an administrative fine, which is pronounced by the competent administrative authority on the motivated report of a labour inspection officer referred to in sections L. 8112-1 or L. 8112-5 or an officer referred to in Article L. 8271-1-2.
"The maximum amount of the fine is € 2,000 per employee and €4,000 in the event of a recidivism within one year from the date of notification of the first fine. The total fine cannot exceed 500 000 €.
"To determine the amount of the fine, the administrative authority shall take into account the circumstances and severity of the breach, the behaviour of the offender and the resources and expenses of the fine.
"The statute of limitations for the action of the administration for the penalty of failure by an administrative fine is two years since the day the breach was committed.
"The fine is recovered as the claims of the foreign state to the tax and the estate. »
After article L. 1262-2-1 of the same code, an article L. 1262-2-2 is inserted as follows:
"Art. L. 1262-2-2. - The conditions under which employers referred to in sections L. 1262-1 and L. 1262-2 are required to transmit, by dematerialized means, the statement referred to in I of Article L. 1262-2-1 of this Code or the certificate referred to in the certificateArticle L. 1331-1 of the Transport Code are fixed by decree in the Council of State taken after opinion of the National Commission of Computer Science and Freedoms. »
Book IV of the fourth part of the transport code is thus amended:
1° Chapter I of title V is supplemented by an article L. 4451-7 as follows:
"Art. L. 4451-7. - In the case of the travel contract, the contract of carriage between the parties is subject to an approved confirmation of the river transport company and its partner.
"The co-contractor of the river transport company is required, prior to the presentation of the river unit to the loading, to transmit to it, in writing or by any other electronic means of transmission and data retention, the information necessary for the performance of the contract.
"Confirmation of contract of carriage shall be on board the river unit as well as in the contracting company and shall be submitted immediately to the inspection officers referred to in Article L. 4461-1, in writing or by any other electronic means of transmission and data retention.
"The form and information contained in the transport confirmation shall be determined by order of the Minister for Transport. » ;
2° After the 2° of the article L. 4461-1, it is inserted a 3° as follows:
« 3° Confirmation of contract of carriage provided for in Article L. 4451-7. » ;
3° In article L. 4463-1, the references: "second, third and fourth paragraphs" are replaced by the references: "1° to 3° and the penultimate paragraph".
The same book IV is thus amended:
1° Chapter IV of title V is supplemented by an article L. 4454-3, as follows:
"Art. L. 4454-3. - The rental of a ship of goods with crew by a company established in France to a company not established in France is prohibited. » ;
2° The title of chapter II, section 3, of title VI is supplemented by the words "and cross-border rental";
3° The title of subsection 2 of section 2 of chapter III of title VI is supplemented by the words "and cross-border rental";
4° Article L. 4463-5 is supplemented by the words "and article L. 4454-3 relating to cross-border rental".
Article L. 5542-6-1 of the Transport Code is supplemented by a paragraph as follows:
"On board vessels carrying out commercial maritime navigation, subject to the Maritime Work Agreement, 2006, of the International Labour Organization, the master shall, if necessary electronically, make available to seafarers, a copy of the agreement reached on 19 May 2008 by the shipowners' associations of the European Community and the European Federation of Transport Workers concerning this Convention. »
I. - Title II of Book I of Part 5 of the Labour Code is amended as follows:
1° Section L. 5125-1 is amended as follows:
(a) The III is thus amended:
- in the first sentence of the first paragraph, the word "two" is replaced by the word "five";
- the first paragraph is supplemented by a sentence as follows:
"An assessment of its application is made by the signatories of the agreement two years after its entry into force. » ;
- it is added a paragraph as follows:
"It may provide for the conditions and conditions under which it may, without prejudice to section L. 5125-5, be suspended, for a period not more than the period remaining to run on the date of the suspension, in the event of an improvement or worsening of the economic situation of the undertaking. In this case, the agreement provides for the impact of this suspension on the situation of employees and on the commitments made to maintain employment. » ;
(b) IV is repealed;
2° Section L. 5125-2 is amended as follows:
(a) At the outset, a sub-item is added:
"The agreement referred to in Article L. 5125-1 determines the terms that each employee is informed of his or her right to accept or refuse the application of the terms of the agreement to his or her employment contract. Otherwise, this information is made by the employer by registered letter with a request for a notice of receipt stating that the employee has a period of one month from the date of receipt to make known his refusal. The employee, in the absence of a response within that period, is deemed to have accepted the application of the agreement to his or her employment contract. » ;
(b) After the words: "for economic reasons", the end of the second paragraph is thus written: "and it is based on a real and serious cause. The employer is not bound to the adaptation and reclassification obligations set out in sections L. 1233-4 and L. 1233-4-1. The employee shall be entitled either to the reclassification leave provided for in Article L. 1233-71 or to the professional security contract provided for in Article L. 1233-66. »
II. - Article L. 5125-5 of the same code is supplemented by a paragraph as follows:
"Sent by one of the signatories to the agreement of an appeal concerning the application of the first paragraph of Article L. 5125-2, the President of the Court of Grand Instance shall also rule in the form of the references. »
III. - This section is applicable to employment agreements concluded after the promulgation of this Act.
Article L. 1233-5 of the Labour Code is supplemented by three paragraphs as follows:
"For companies subject to the obligation to establish an employment safeguard plan referred to in Articles L. 1233-61 to L. 1233-63, the scope of application of the termination criteria may be determined by the collective agreement referred to in Article L. 1233-24-1 or by the unilateral document referred to in Article L. 1233-24-4.
"In the case of a unilateral document, this perimeter may not be less than that of each area of employment in which one or more establishments of the enterprise concerned by employment suppressions are located.
"The conditions for the application of the penultimate paragraph of this article are defined by decree. »
In the first paragraph of article L. 1233-53 of the same code, the words: "and companies of fifty employees and more when the termination project concerns less than ten employees in the same period of thirty days" are deleted.
I. - At the end of the first paragraph of Article L. 1233-4 of the same code, the words: "in the company or in the enterprises of the group to which the enterprise belongs" are replaced by the words: "on the available jobs, located in the national territory in the company or other companies of the group whose enterprise is part".
II. - Article L. 1233-4-1 of the same code is as follows:
"Art. L. 1233-4-1. - Where the enterprise or group of which the enterprise is a part has establishments outside the national territory, the employee whose termination is considered may request the employer to receive reclassification offers in these establishments. In its application, it specifies any restrictions on the characteristics of the jobs offered, including compensation and location. The employer shall send the corresponding offers to the employee who has shown interest. These offers are written and accurate.
"The terms and conditions for the application of this article, in particular those relating to the information of the employee on the possibility of requesting reclassifications outside the national territory, are specified by decree. »
Article L. 1233-58 of the same code is amended as follows:
1° After the first preambular paragraph, a sub-item reads as follows:
"By derogation from the 1st of section L. 1233-57-3, without prejudice to the search, as the case may be, by the administrator, the liquidator or the employer, in the event of a judicial recovery or liquidation, of the means of the group to which the employer belongs for the establishment of the employment safeguard plan, the administrative authority shall approve the employment safeguard plan after having ascertained the respect of the articles by the employer. » ;
2° In the fourth paragraph, the word "second" is replaced by the word "fourth";
3° Two subparagraphs are added:
"In the event of a cancellation of a validation decision referred to in Article L. 1233-57-2 or of a registration referred to in Article L. 1233-57-3 because of a lack of motivation, the administrative authority shall make a new decision sufficiently motivated, within fifteen days from the notification of the judgment to the administration. This decision is brought by the employer to the knowledge of the employees terminated as a result of the first validation or registration decision, by any means that may give a certain date to this information.
"As long as the administrative authority has enacted this new decision, the cancellation for the sole reason for insufficiency of motivation of the first decision of the administrative authority shall not affect the validity of the termination and shall not result in the payment of compensation to the employer. »
Article L. 1235-16 of the same code is amended as follows:
1° In the first paragraph, after the word "specified", the words "in the last paragraph of this article and" are inserted;
2° Two subparagraphs are added:
"In the event of a cancellation of a validation decision referred to in Article L. 1233-57-2 or of a registration referred to in Article L. 1233-57-3 because of a lack of motivation, the administrative authority shall make a new decision sufficiently motivated within fifteen days from the notification of the judgment to the administration. This decision is brought by the employer to the knowledge of the employees terminated as a result of the first validation or registration decision, by any means that may give a certain date to this information.
"As long as the administrative authority has enacted this new decision, the cancellation for the sole reason for insufficiency in motivation of the first decision of the administrative authority shall not affect the validity of the termination and shall not result in the reinstatement or in the payment of compensation to the employer. »
The first paragraph of article L. 1233-66 of the same code is supplemented by a sentence as follows:
"When the termination of employment on an economic basis results in a plan for the safeguarding of employment under the conditions set out in sections L. 1233-24-2 and L. 1233-24-4, this proposal shall be made after the administrative authority has notified of its decision for the validation or approval of article L. 1233-57-4. »
I.-At the end of the last paragraph of Article L. 1233-67 of the same code, the words ", without the effect of changing its term" are deleted.
II.-After the word "related", the end of the 10th of Article L. 1233-68 of the same code is deleted.
III.-Article L. 1233-69 of the same code is amended as follows:
1° The first three preambular paragraphs are replaced by a subparagraph:
"The employer contributes to the financing of the professional security contract by a representative payment of the notice compensatory allowance, within three months of salary plus all of the related mandatory contributions and contributions. » ;
2° In the first and second sentences of the fourth paragraph, the words: "the payments" are replaced by the words: "this payment";
3° After the word: "Party", the end of the fifth preambular paragraph is thus drafted: "are to the training measures provided for in Article L. 1233-65 a share of the resources for professionalization actions and the personal training account, according to the terms defined by decree. » ;
4° After the fifth preambular paragraph, a sub-item reads as follows:
"When an undertaking has entered into an agreement pursuant to the first paragraph of section L. 6331-10, it shall remit to the registered parity collector any or part of the contribution provided for in the same first paragraph in order to fund training measures provided for in section L. 1233-65. »
Sections 288 to 293 apply to termination proceedings for economic reasons under articles L. 1233-8 or L. 1233-30 of the Labour Code, after the publication of this Act.
For the direct preparation of a exam, a student justifying a valid and current registration in an institution preparing to obtain a higher education degree is entitled to an unpaid additional leave of five working days per sixty working days worked under his or her employment contract.
This leave is taken in the month preceding the examinations. In addition to the paid leave provided for in theArticle L. 3141-1 of the Labour Code and, if applicable, on annual leave for employees under the age of twenty-one years provided for in Article L. 3164-9 of the same Code.
At 5° of Article L. 910-1 of the Commercial Code, the references: "and L. 751-1 to L. 761-11" are replaced by the references: ", L. 751-1 to L. 752-26 and L. 761-1 to L. 761-11".
I.-Chapter III of Book III, title II of the Labour Code applicable to Mayotte is thus restored:
“Chapter III
“Other assisted employment contracts
“Section 1
"Contract on the activities of adults-relais
"Subsection 1
« Subject
"Art. L. 323-1.-The contract for the activities of adults-relais is intended to improve, in the priority areas of the city's policy and other priority territories of the city contracts, the relations between the inhabitants of these neighborhoods and public services, as well as social relations in public or collective spaces.
"It gives rise to:
« 1° At the conclusion of a convention between the State and the employer under the conditions set out in subsection 2;
« 2° At the conclusion of a contract of employment between the employer and the beneficiary of the agreement under the conditions set out in subsection 3;
« 3° Granting financial assistance under the conditions set out in subsection 4.
"Subsection 2
“Convention
"Art. L. 323-2.-The State may enter into agreements that are entitled to contracts relating to activities of adults-relais with:
« 1° Territorial authorities and public institutions of intercommunal cooperation, as well as their public institutions;
« 2° Public health institutions;
« 3° The real estate company of Mayotte;
« 4° Non-profit private law bodies;
« 5° Private legal persons responsible for the management of a public service.
"Subsection 3
“Work contract
"Art. L. 323-3.-The employment contract for adult-replaced activities may be concluded with persons at least thirty years of age, without employment or benefiting, subject to termination of the contract, from an employment support contract and residing in a priority area of the city's policy or another priority area of the city's contracts.
"Art. L. 323-4.-The contract for the activities of adults-relais is a contract of work of private law for an indefinite or fixed-term period entered into under the first paragraph of Article L. 122-1-1 within the three-year term renewable once.
"Territorial authorities and other public legal entities referred to in Article L. 323-2, with the exception of industrial and commercial public institutions, may only conclude fixed-term employment contracts under the conditions referred to in this section.
"The fixed-term contract includes a one-month trial period renewable once.
"Art. L. 323-5.-Without prejudice to the cases provided for in section L. 122-10, the employment contract relating to the activities of adults-relais may be broken, upon the expiry of each annual period of its execution, at the initiative of the employee, subject to a notice of two weeks, or of the employer, if it justifies a real and serious cause.
"In the latter case, the provisions relating to pre-release maintenance, as provided for in sections L. 122-27, L. 320-11 to L. 320-13 and L. 320-38, and those relating to notice, as provided for in section L. 122-19, are applicable.
"Art. L. 323-6.-The employer who decides to break the employee's contract for a real and serious cause shall notify that breach by registered letter with a request for notice of receipt. This letter cannot be sent to the employee less than two free days after the date fixed for the prior maintenance. The date of submission of the letter sets the point of departure of the notice.
"Art. L. 323-7.-An employee whose contract is terminated by his or her employer under the conditions set out in section L. 323-5 shall be paid compensation calculated on the basis of the paid remuneration.
"The amount for the calculation of this allowance may, however, not exceed the amount collected by the employee for the last eighteen months of the performance of his employment contract. Its rate is equal to 10% of the total gross remuneration paid to the employee.
"Art. L. 323-8.-The employer's lack of knowledge of the provisions relating to the termination of the fixed-term employment contract provided for in this sub-section shall give the employee the right to damages in respect of the injury suffered.
"The same is true when the breach of the contract occurs as a result of non-compliance with the agreement referred to in Article L. 323-2 that resulted in its denunciation.
"Subsection 4
« Financial aid
"Art. L. 323-9.-Employers referred to in Article L. 323-2 receive financial assistance from the State.
"This assistance is not taxable for individuals not subject to corporate tax.
"This help cannot be accumulated with another help from the State to employment.
"Subsection 5
" Implementing provisions
"Art. L. 323-10.-A decree determines the conditions for the application of this section. »
II.-A Article L. 5134-102 of the Labour Code, the words: "a contract of support in employment or a contract of future" are replaced by the words: "a contract of support in employment".
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.
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-715 DC of 5 August 2015. ]
Section 45 of Act No. 2010-853 of 23 July 2010 on consular networks, trade, crafts and services is repealed.
This law will be enforced as a law of the State.
Done in Paris, August 6, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
Minister of Ecology, Sustainable Development and Energy,
Royal
The Seal Guard, Minister of Justice,
Christiane Taubira
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
François Rebsamen
The Minister of the Interior,
Bernard Cazeneuve
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
Minister of Economy, Industry and Digital,
Emmanuel Macron
Minister of Housing, Land Equality and Rurality,
Sylvia Pinel
Minister of the City, Youth and Sports,
Patrick Kanner
Minister of Overseas,
George Pau-Langevin
