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Order No. 2016-79 Of 29 January 2016 On The Bus Stations And The Recodification Of The Transportation Code Provisions Relating To The Authority Of Regulation Of Activities And Train

Original Language Title: Ordonnance n° 2016-79 du 29 janvier 2016 relative aux gares routières et à la recodification des dispositions du code des transports relatives à l'Autorité de régulation des activités ferroviaires et routières

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Summary

Application of the Constitution, including its article 38; Act No. 2015-990 of 6 August 2015 for economic growth, activity and equality of opportunity, including Article 1 II and Article 12.
Modification of the transport code, the road traffic code, the general code of local authorities, the trade code, the environmental code, the urban planning code. Amendment of Act No. 2015-991 of 7 August 2015 on the new territorial organization of the Republic: amendment of Article 15. Repeal of Order No. 45-2497 of 24 October 1945 on passenger bus stations.

Keywords

PRODUCTION, PRODUCTION,

Legislative records




JORF no.0026 of 31 January 2016
text No. 46



Order No. 2016-79 of 29 January 2016 concerning bus stations and the recodification of the provisions of the transport code relating to the Authority for the regulation of railway and road activities

NOR: EINC1521673R ELI: https://www.legifrance.gouv.fr/eli/Ordinance/2016/1/29/EINC1521673R/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/ordre/2016/1/29/2016-79/jo/texte


President of the Republic,
On the report of the Prime Minister and Minister of Economy, Industry and Digital Affairs,
Having regard to the Constitution, including article 38;
Vu le general code of territorial authoritiesincluding article L. 1525-1;
Vu le Trade codeincluding articles L. 420-1, L. 420-2, L. 420-5, L. 464-1 and L. 752-2;
Vu le Energy codeincluding article L. 135-13;
Vu le environmental codeincluding article L. 581-7;
Vu le Administrative Justice Codeincluding its article R. 123-20;
Vu le Criminal code ;
Vu le Transport code ;
Vu le urban planning codeincluding articles L. 102-12, L. 111-6-1 and L. 121-9-1;
Vu le road traffic codeincluding articles L. 122-1 to L. 122-34;
Vu la Act No. 2015-990 of 6 August 2015 for economic growth, activity and equality of opportunity, including Article 1 II and Article 12;
Vu la Act No. 2015-991 of 7 August 2015 bearing the new territorial organization of the Republic, including Article 15, V to VII;
Considering the advice of the National Standards Assessment Board dated 7 January 2016;
Considering the referral of the territorial council of Saint-Pierre-et-Miquelon dated 29 December 2015;
Considering the referral of the departmental council of Mayotte dated 30 December 2015;
The Council of State (section of public works) heard;
The Council of Ministers heard,
Order:

Article 1 Learn more about this article...


The first part of the transport code is amended:
1° In chapter III of Book II title I, the fifth and sixth paragraphs of Article L. 1213-3-1 are replaced by the following provisions:
"The regional intermodality scheme includes a regional diagram of bus stations that coordinates the action of the communities concerned. In particular, it identifies the strategic exchange poles for the integration of the layouts designed to facilitate the handling and removal of passengers from public service transportation services and sets out the development objectives necessary for the implementation of connections between different transport networks and modes of movement, in particular non-pollutant modes. » ;
2° Book II is supplemented by a title VI as follows:


« Title VI
« AUTHORITY OF RAIL AND ROAD ACTIVITIES
“Chapter I
“Organization and operation


“Section 1
“Administrative Organization


"Subsection 1
“General provisions


"Art. L. 1261-1.-The Authority for the regulation of railway and road activities is an independent public authority with moral personality. It includes a college and a sanctions commission.
"Without the decisions expressly assigned to the sanctions commission, the powers entrusted to the authority or its president shall be exercised by its college or by its president.


"Art. L. 1261-2.-The proposals, opinions and decisions of the Authority for the regulation of railway and road activities are motivated and made public, subject to the secrets protected by law.
"His reports are also made public under the same conditions.


"Art. L. 1261-3.-The members and agents of the Authority for the regulation of railway and road activities shall exercise their functions impartially, without receiving instructions from the Government or from any institution, person, undertaking or organization.
"They are held in professional secrecy for the facts, acts and information that they may have known because of their duties.
"The failure to respect professional secrecy established by a court decision results in the ex officio termination of functions within the authority.
"The obligation of professional secrecy does not preclude the communication by the authority of the information or documents it holds to the European Commission or to an authority of another Member State of the European Union or to an authority of a State applying rules equivalent to those of the European Union under agreements concluded with it and exercising powers similar to those of the authority, subject to reciprocity and provided that its secret agents


"Subsection 2
« College and College Chair


"Art. L. 1261-4.-The College of the Authority for the regulation of railway and road activities is composed of seven members appointed by decree because of their economic, legal or technical skills in the field of services and infrastructure of land transport, or for their expertise in competition, especially in the field of network industries.
"The mandate is six years non-renewable.
"With the exception of the president, members of the college are renewed by third parties every two years.


"Art. L. 1261-5.-The president of the college shall be appointed under the conditions established by the Organic Law No. 2010-837 of 23 July 2010 relating to the application of the fifth paragraph of Article 13 of the Constitution.
"In addition to the Chair, the College consists of two appointed Vice-Presidents, respectively, by the Speaker of the National Assembly and the Speaker of the Senate.
"It includes at least one member appointed because of its economic skills, a member appointed because of its legal expertise and a member appointed for its competition expertise, particularly in the area of network industries.


"Art. L. 1261-6.-Members other than the President and Vice-Presidents include an equal number of women and men. For the renewal of the vice-presidents, the successor to a woman is a man and the successor to a man is a woman.
"In the event of a vacancy of a college member's seat, a person of the same sex shall be replaced for the remainder of the term. Subject to the preceding paragraph, a term of office for less than two years is not taken into account for the application of the non-renewal rule.


"Art. L. 1261-7.-The functions of the members of the college are incompatible with any departmental, regional, national or European elective mandate, and with any direct and indirect detention of interest in the railway sector, in the area of regular long distance services of road transport of persons or in the area of highways.
"The members of the college shall not, as a personal measure, take any public position on matters within the authority's jurisdiction.
"They renew each year the declaration of interest mentioned in theArticle 11 of Act No. 2013-907 of 11 October 2013 on the transparency of public life, with a statement of good conduct.
"They are not revocable without prejudice to the provisions of the third paragraph of Article L. 1261-3 and subject to the following provisions:
« 1° Any member who does not comply with the rules of incompatibility provided for in this article shall be declared, after consultation with the College, resigned ex officio by decree;
« 2° The functions of a member may be terminated in the event of the College's failure, under the conditions provided for in the rules of procedure of the authority;
« 3° It may also be put to an end the functions of a member in the event of a serious breach of his or her obligations, by decree taken on the proposal of the college.
"At the end of their term of office, members of the college may not occupy any professional position or exercise any responsibility within one of the companies or entities entering the regulatory field for a minimum period of three years, under penalty of the sanctions provided for in the regulationArticle 432-13 of the Criminal Code.


"Art. L. 1261-8.-The president of the Railway and Road Activities Regulatory Authority shall take appropriate measures to ensure compliance with the obligations set out in articles L. 1261-7 and L. 1261-15.


"Art. L. 1261-9.-The President of the Railway and Road Activities Regulatory Authority and its two Vice-Presidents shall perform their duties on a full-time basis. In addition to the incompatibility listed in the first paragraph of Article L. 1261-7, their functions are also incompatible with any professional activity and public employment.


"Art. L. 1261-10.-In the event of the vacancy of the Presidency of the Authority for the regulation of railway and road activities for any cause or in the event of an incapacity observed by the College, the functions of the President shall be temporarily exercised by the Vice-President the most formerly designated.


"Art. L. 1261-11.-The president of the Authority for the regulation of railway and road activities has the quality to take action on behalf of the authority.


"Art. L. 1261-12.-The College of the Authority for the regulation of railway and road activities adopts and publishes a rules of procedure specifying its modalities of instruction and procedure as well as its methods of work. The college decides on the location of the authority's services, depending on the service requirements.


"Art. L. 1261-13.-The Minister for Transport and the Minister for Budget shall stop the remuneration of the President and Vice-Presidents of the Authority for the regulation of railway and road activities and the amount of vacations paid to other members of the College as well as their modalities of evolution for the duration of their term.


"Subsection 3
« Rules of deliberation of the college


"Art. L. 1261-14.-The college may only deliberate if at least four of its members are present. Opinions, decisions and recommendations are made by a majority of the members present. In the event of equal sharing of votes, the president's voice is preponderant.


"Art. L. 1261-15.- Without prejudice to the possibility, for any member of the college, of deporting himself in any case in which he or she considers it necessary, no member may deliberate in any case in which he or she has had an interest in the three years preceding the deliberation. This prohibition also applies where, during the same period, a member held a mandate or held a position of direction, advice or control in a corporation that had an interest in that case.


"Subsection 4
« Sanctions Commission


"Art. L. 1261-16.-The sanctions commission of the Authority for the regulation of railway and road activities comprises three members:
« 1° A member of the Council of State, appointed by the Vice-President of the Council of State;
« 2° An advisor to the Court of Cassation, appointed by the first president of the Court of Cassation;
« 3° A magistrate of the Court of Auditors, appointed by the first president of the Court of Auditors.
"The president of the sanctions commission is appointed by decree among the members of the commission.
"The duties of a member of the sanctions commission are not paid. They are incompatible with those of a member of the College of Authority.
"The term of office of the members of the commission is six years non-renewable. It is decompleted from the date of the first meeting of the commission. At the expiry of the six-year term, members remain in office until the first meeting of the sanctions commission in its new composition.
"The difference between the number of women and the number of men among the members of the sanctions commission cannot be greater than one. During each renewal, the successor to a woman is a man and the successor to a man is a woman.
"In the event of a vacancy of a member of the sanctions commission, a person of the same sex shall be replaced by a person of the same sex for the duration of the remaining term.


"Art. L. 1261-17.-The sanctions commission shall adopt and publish rules of procedure specifying its general rules of operation and, without prejudice to article L. 1264-10, the rules of procedure applicable to the sanction procedure provided for in section 2 of chapter IV of this title.


"Subsection 5
“Services


"Art. L. 1261-18.-The Authority for the regulation of railway and road activities has services under the authority of its president.
"It can employ magistrates and civil servants and recruit contractual agents.
"Under the conditions and limits established by the College, the Secretary General, appointed by the President, recruits officers and can enter into contracts, conventions and contracts. He has the right to take legal action for matters relating to the functioning of the authority.
"He may delegate his powers to any officer of the authority in matters and limits determined by the college.


“Section 2
“Financial Organization


"Art. L. 1261-19.-The Authority for the regulation of railway and road activities has financial autonomy.
"It receives the fixed right established in Article L. 1261-20 of this Code and the taxes set out in Articles 1609 sextricies and 1609 septtricies of General Tax Codewithin the limits provided for in the I of Article 46 of Law No. 2011-1977 of 28 December 2011 Finance for 2012.
"The authority shall, where applicable, receive remuneration for services rendered.
"The Act of 10 August 1922 on the organization of control of expenses incurred is not applicable to it.
"The president of the authority is ordering revenues and expenses.
"It is subject to the control of the Court of Auditors.


"Art. L. 1261-20.-A fixed right is due by railway companies that use the railway network within the meaning of Article L. 2122-1. Its amount is fixed by the Minister responsible for transport and by the Minister responsible for the budget, on the proposal of the Authority for the regulation of railway and road activities.
"This right includes, as the case may be:
"a portion of the amount of infrastructure royalties related to the use of the national ferre network paid to the manager of the national ferre network referred to in Article L. 2111-9, within five thousandths of that amount;
"amount proportional to the number of kilometres travelled on other railway lines, within the limit of €0.10 per kilometre travelled.
"It is declared and acquitted by the persons mentioned in the first paragraph who are liable to it, under the same conditions as those provided for the security right established by Article L. 2221-6, to the public accountant of the Authority for the regulation of railway and road activities.
"It is recognized and recovered within the same time limits and under the same guarantees and penalties as those applicable with respect to taxes on turnover.


“Section 3
" Implementing provisions


"Art. L. 1261-21.-A decree in the Council of State specifies the conditions for the application of this chapter.


“Chapter II
“missions


"Art. L. 1262-1.-The missions of the Authority for the regulation of railway and road activities specific to the railway sector are listed in title III of Book I of Part II of this Code.


"Art. L. 1262-2.-The missions of the Authority for the regulation of railway and road activities specific to the area of road transport of persons are contained in chapter I, section 3, and chapter IV, section 3, of title I, of the third part of this Code.


"Art. L. 1262-3.-The missions of the Authority for the regulation of railway and road activities specific to the area of highways are at the Chapter II of title II of the Road Traffic Code.


“Chapter III
"Recourse to the regulatory authority for railway and road activities


“Section 1
“Common provisions


"Art. L. 1263-1.-The Authority for the regulation of railway and road activities shall consider all requests made under this chapter. It initiates the instruction of each application within one month of its receipt. It seeks all information relevant to the investigation and conducts consultations with the parties concerned. It shall take a decision within a maximum of six weeks from the receipt of all information relevant to the instruction of the application.
"The decisions taken by the authority under this chapter may be appealed for cancellation or re-training within one month of their notification. An incident appeal may be lodged even though its author would be forclos to act as principal. These appeals fall within the jurisdiction of the Paris Court of Appeal and are not suspensive. However, the stay of execution of the decision may be ordered by the judge, if it is likely to result in irreparable or manifestly excessive consequences or if it occurred, after notification, of developments of exceptional gravity.
"The cassation appeal against the judgment of the Court of Appeal shall be exercised within one month of the notification or service of that judgment.


“Section 2
“Rules of rail transport disputes


"Art. L. 1263-2.-Any candidate, infrastructure manager or operator of service installation within the meaning of Book I of Part II may refer to the Authority for the regulation of railway and road activities of a dispute, provided that the Authority considers itself a victim of unfair treatment, discrimination or any other harm related to access to the railway network, and in particular, within the meaning of the same book:
« 1° To the content of the network reference document;
« 2° A procedure for the distribution of railway infrastructure capacities and related decisions;
« 3° the special conditions that are made to him;
4° The exercise of the right to access the network and the implementation of the infrastructure fees to be paid for the use of the network under the railway pricing system;
« 5° Monitoring of railway safety;
« 6° The exercise of the right of access to service facilities, including the provision and implementation of the basic service pricing provided in these facilities and additional or related benefits;
« 7° Implementing the framework agreements referred to in Articles L. 2122-6 and L. 2122-7 as well as contracts for the use of infrastructure;
« 8° The creation of internal passenger transport services during an international passenger transport service.
"The decision of the Authority for the regulation of railway and road activities, which may be accompanied by interference, specifies the technical and financial conditions for the settlement of the dispute within the time it grants. Where necessary for the settlement of the dispute, it shall, in an objective, transparent, non-discriminatory and proportionate manner, establish the terms and conditions of access to the network and its terms and conditions of use and shall take appropriate measures to correct any discrimination or distortion of competition, particularly with regard to 1° to 8° of this Article. Its decision is notified to the parties and published in the Official Gazette, subject to the secrets protected by law.
"In the event of a serious and immediate breach of the rules governing access to the network or its use, the authority may, after hearing the parties in question, order, if necessary, the necessary precautionary measures. These measures may include suspension of practices that affect the rules governing access to or use of the network.


“Section 3
“Rules of disputes concerning road transport of persons


"Art. L. 1263-3.-Any person's public road transport company, any operator of an arrangement under section L. 3114-1 or any service provider to public road transport undertakings in these arrangements may refer to the Authority for the regulation of railway and road activities of a dispute as soon as it is deemed to be a victim of unfair treatment, discrimination or other conditions related to the rules and regulations.
"The decision of the Authority for the regulation of railway and road activities, which may be accompanied by interference, specifies the technical and financial conditions for the settlement of the dispute within the time it grants. Where necessary, it shall, in an objective, transparent, non-discriminatory and proportionate manner, establish the terms of access and its conditions of use and shall take appropriate measures to correct any discrimination, distortion of competition or any practice that constitutes an obstacle to the effective access of carriers to such accommodation. It can take into account the specificities related to the operation of a public transportation service. Its decision is notified to the parties and published, subject to the secrets protected by law.
"In the event of a serious and immediate infringement of the rules governing access to the bus station or to the stop site, the Authority may, after hearing the parties involved, order, if necessary, the necessary precautionary measures.
"When the dispute concerns a party in respect of the activities it carries out as a partner of a territorial community or a grouping of territorial authorities, that community or grouping has the status of a party to the Regulatory Authority for Rail and Road Activities and, where applicable, to the Court of Appeal and the Court of Cassation.


“Section 4
" Implementing provisions


"Art. L. 1263-4.-A decree in the Council of State specifies the conditions for the application of this chapter.


“Chapter IV
“Administrative and penal sanctions


“Section 1
"Control and Investigation Powers


"Art. L. 1264-1.-Without prejudice to Article L. 1264-10, the Authority for the regulation of railway and road activities may, either on its own motion or at the request of the competent administrative authority, an infrastructure manager, an operator of the installation of service, a railway undertaking or another candidate within the meaning of Book I of the second concessionaire, enterprises of public road transport of persons,
« 1° The provisions of this title;
« 2° The provisions of Title III of Book I of Part II of this Code;
« 3° The provisions of section 3 of chapter I and sections 2 and 3 of chapter IV of title I of Book I of Part III of this Code;
« 4° The provisions of chapter II, sections 3 to 5, of the Road Traffic Code.
"It is qualified to conduct, in the exercise of their functions, the search for and recognition of the breaches of the obligations resulting from the provisions listed in 1° to 4°, as well as the texts taken for their application, the agents of the Authority for the regulation of railway and road activities authorized by the president of the authority and sworn in under conditions similar to those applicable to the agents of the Energy Control Board under theArticle L. 135-13 of the Energy Code.
"When the president of the authority designates persons to conduct an accounting audit or an external report of expertise or experts to conduct accounting audits or to assist in their investigations the authorized officers of the authority, he shall ensure, if the persons concerned are not registered on a list of judicial experts, that they are sworn under the same conditions. The prosecutor of the Republic is previously informed of the investigative operations envisaged under Article L. 1264-4. The breaches are found by the officers of the authority authorized by the president and are the subject of minutes which, as well as the maximum penalties incurred, are notified to the person concerned.


"Art. L. 1264-2.-For the completion of its missions, the Authority for the regulation of railway and road activities has a right of access to the accounting of infrastructure managers, operators of service facilities, railway companies and other candidates, within the meaning of Book I of Part II, of the SNCF, of the public road transport companies of persons, of the operators of the facilities under section L. 3114
“It can collect all the useful information from:
« 1° State services and authorities organizing railway transport services, regular long distance services of road transport of persons, as well as State services and authorities responsible for relations with operators of the developments under Article L. 3114-1, service providers to public road transport companies in these developments or highway concessionaires;
« 2° From the Public Railway Safety Establishment, Infrastructure Managers, Service Facilities Operators, Rail Companies and Other Candidates as defined in Book I of Part II, SNCF, Public Road Transport Companies, Facilities Operators under section L. 3114-1, Service Providers to Public Road Transport Companies in these Facilities and Motorway 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.
"The Authority for the regulation of railway and road activities shall give the person concerned a reasonable period of time, which shall not exceed one month, for the production of the requested information, parts and documents. If circumstances so warrant, it may authorize a two-week extension, which may be extended to one month when the production of such information, parts or documents requires important gathering, processing or formatting of the data concerned.
"The officers of the authority authorized by the President shall conduct the accounting audits and investigations necessary to carry out the duties entrusted to the authority. The President shall designate any person competent to carry out, where appropriate, an accounting audit or expertise.
"The investigations take place in minutes. A double is transmitted within five days to interested parties.
"The authorized officers of the authority shall, at their request, be provided with accounting documents and invoices, of any relevant document or document, shall take copies thereof and collect, upon convocation or on site, the information and justifications specific to the performance of their mission.


"Art. L. 1264-3.-The authorized officers of the authority shall have access to between eight and twenty hours, or outside of those hours, where access to the public is authorized or when a professional activity is underway, to the premises, places, facilities and equipment of transport of the enterprises referred to in 2° and 3° of Article L. 1264-2, excluding the domiciles and part of the premises serving as a domicile. They may be assisted by outside experts designated by the President of the authority and may conduct joint visits with officials belonging to the State or its public institutions.


"Art. L. 1264-4.-In addition to the cases provided for in section L. 1264-3, or where such access is denied, authorized officers may not conduct visits to all places, as well as the seizure of documents and documents, in the course of investigations requested by the Authority for the regulation of railway and road activities, only on judicial authorization given by order of the judge of freedoms and the detention of the court of large instance in the premises. The prosecutor's office is not obligatory. Where these premises are located within the jurisdiction of several jurisdictions and a simultaneous action must be carried out in each jurisdiction, the application may be filed with one of these jurisdictions.
"The judge verifies that the application for authorization submitted to him is founded; this request must include all information elements that warrant the visit.
"The visit and seizure is carried out under the authority and control of the judge who authorized them. It designates one or more judicial police officers to assist and keep the officer informed of their conduct. When they take place outside the jurisdiction of his court of grand instance, he shall issue a rogatory commission, to exercise this control, to the judge of the freedoms and detention of the court of great instance in the jurisdiction of which the visit is carried out.
"The judge may, if he considers it useful, go to the premises during the intervention.
"It can, at any time, decide the suspension or stopping of the visit.
"The order mentioned in the first paragraph is enforceable only in the case of a minute.
"The order is notified verbally and on-site at the time of the visit to the occupant of the premises or to his representative who receives full copy against receipt or demarcation at the minutes provided for in section L. 1264-6. In the absence of the occupant of the premises or his representative, the order is notified, after the visit, by registered letter with a request for notice of receipt. The notification is deemed to be made on the date of receipt on the notice.
"In the absence of receipt, the meaning of the order is carried out by act of judicial officer. The time limit and avenue of appeal are mentioned in the order.
"The order may be appealed to the first president of the Court of Appeal. The parties are not required to form a lawyer.
"According to the rules provided by Code of Civil Procedure, this appeal shall be exclusively filed by return or sent, by registered fold or electronically, to the court office within fifteen days. This period runs from either the delivery or the reception or the service of the order. The appeal is not suspensive.
"The Registry of the High Court shall promptly forward the case file to the Court of Appeal where the parties may consult it.
"The order of the first president of the Court of Appeal is subject to a cassation appeal, as prescribed by the rules Code of Civil Procedure. The deadline for the cassation appeal is fifteen days.


"Art. L. 1264-5.-The visit, which may not begin before six hours or after twenty and one hours, shall be carried out in the presence of the occupant of the premises or his representative. In the event of impossibility, the judicial police officer requires two witnesses chosen outside the persons under his or her authority or the Authority for the regulation of railway and road activities.
"The investigators, the occupant of the premises or his or her representative and the judicial police officer can only read the documents and documents before they are seized.


"Art. L. 1264-6.-A report describing the procedure and the conduct of the operation and consigning the findings made shall be prepared immediately by the investigators. An inventory of the seized documents and documents is annexed to it, if applicable. The minutes and inventory are signed by the investigators and the judicial police officer as well as by the persons mentioned in the first paragraph of Article L. 1264-5; in the event of a refusal to sign, mention is made in the minutes.
"If the on-site inventory presents difficulties, the seized parts and documents are sealed. The occupant of the premises or his representative is advised that he may attend the opening of the seals in the presence of the judicial police officer; the inventory is then established.
"The originals of the minutes and inventory are, as soon as they have been established, addressed to the judge who authorized the visit; a copy of these same documents is given to the occupant of the premises or to his representative.
"The seized documents and documents shall be returned to the occupant of the premises within six months of the visit; However, when criminal proceedings are instituted, their restitution is authorized by the competent judicial authority.
"The minutes and the inventory mention the time and way of appeal.
"The first president of the Court of Appeal has recourse against the conduct of visits or seizures. The parties are not required to form a lawyer.
"According to the rules provided by Code of Civil Procedure, this remedy must be exclusively filed by a statement delivered or sent, by registered fold or electronically, to the court office within fifteen days. This period is short of delivery or receipt either of the minutes or of the inventory. This appeal is not suspensive.
"The order of the first president of the Court of Appeal is subject to a cassation appeal according to the rules provided by the Code of Civil Procedure. The deadline for the cassation appeal is fifteen days.


“Section 2
“Administrative sanctions


"Art. L. 1264-7.-Sont sanctioned under the conditions provided for in this section:
« 1° Failure to comply, within the time constraints of a decision taken by the College of the Authority for the regulation of railway and road activities pursuant to sections 2 and 3 of chapter III of this title;
« 2° Failure to disclose documents and information obligations under Article L. 1264-2, with the exception of those applicable to persons mentioned in the 1st of this Article, or the obligation to give access to its accounting under the same Article;
« 3° Failure to disclose information obligations under sections L. 2131-7, L. 3111-24, L. 3114-11 of this code andArticle L. 122-31 of the Road Traffic Code ;
« 4° The failure of an infrastructure manager, a service installation operator, the SNCF, a railway company or another candidate, within the meaning of Book I of Part Two, to the obligations of the operator under access to the network or its use, in particular in the event of a breach of a regulation made by the authority pursuant to section L. 2133-5 or
« 5° The non-compliance by the SNCF with the rules setting out the conditions for the conduct of the missions referred to in Article L. 2102-1;
« 6° The failure of an operator of an arrangement under section L. 3114-1 or any service provider to road public transport undertakings in these arrangements, to the obligations set out in section 2 of chapter IV of title I of Book I of Part III or to the obligations provided for by decisions of the authority made under section 3 of the same chapter, with the exception of section L. 3114-11;
« 7° Failure by a concessionaire of highways to the information communications obligations provided for in the fourth paragraph of Article L. 122-17 of the Road Traffic Code.


"Art. L. 1264-8.-When the College of the Authority for the regulation of railway and road activities finds one of the breaches referred to in Article L. 1264-7, it remains the interested party to comply with its obligations within a period that it determines. It can make public this stance.
"When the interested party fails to comply with this notice within the time limit or provides incomplete or incorrect information, the College of Authority may decide on the initiation of a sanction procedure. He then notifies the grievances to the person concerned and encloses the sanctions committee, which shall take action under the conditions set out in articles L. 1264-9 and L. 1264-10.


"Art. L. 1264-9.-When it is seized of one of the breaches referred to in Article L. 1264-7, the board of sanctions of the Authority for the regulation of railway and road activities may, depending on the gravity of the breach, pronounce against the person concerned:
« 1° A monetary penalty, the amount of which is proportionate to the seriousness of the breach, the situation of the person concerned, the extent of the damage and the benefits derived from it, without being able to exceed 3% of the turnover excluding taxes of the last fiscal year in France, increased to 5% in the event of a new breach of the same obligation. In the absence of an activity to determine this ceiling, the amount of the penalty cannot exceed 150,000 €, increased to 375 000 € in the event of a new breach of the same obligation. If the breach has already been subject to a monetary penalty under the articles L. 420-1, L. 420-2 and L. 420-5 the trade code, the monetary penalty, which may be imposed by the sanctions commission, is limited so that the overall amount of monetary penalties does not exceed the highest amount of one of the penalties incurred;
« 2° A temporary prohibition of access to all or part of the railway network for a period not exceeding one year.
"The monetary penalties are recovered as the claims of the foreign state to the tax and the estate. The corresponding amounts are paid to the Agence de financement des infrastructures de transport de France.


"Art. L. 1264-10.-The procedure before the sanctions commission is contradictory. Sanctions are imposed after the person concerned has received notification of the grievances, has been allowed to consult the file prepared by the authorities and has been invited to submit his written and oral submissions. She can be assisted by the person of her choice.
"Except in cases where the communication or consultation of documents is necessary for the procedure or exercise of their rights by the party(s) involved, the chair of the sanctions commission may refuse to communicate or consult any documents or elements contained in such documents, the disclosure of which would affect a secret protected by law. The documents considered are removed from the file or some of their occulted records.
"In cases where the communication or consultation of documents whose disclosure would affect a secret protected by law is necessary for the procedure or exercise of the rights of one or more of the parties, such documents shall be provided in a confidential annex to the record and shall be communicated only to the party(s) involved for which such documents or elements are necessary for the exercise of their rights.
“The sanctions commission sits in camera. The parties may be present, ask to be heard and be represented or attended.
"The Sanctions Commission denies the cases before it outside the presence of the officers who have found the breaches and those who have established the investigation file.
"The sanction decisions are notified to interested parties and published in the Official Gazette.
"They may be the subject of a full judicial remedy before the Council of State by the sanctioned persons, or by the president of the Authority for the regulation of railway and road activities after agreement of the college of authority. The use of monetary penalties is suspensive.
"The Sanctions Commission may not be seized of facts from more than five years if no action has been taken to seek, determine or punish them.


“Section 3
« Penal sanctions


"Art. L. 1264-11.-The fact of opposing in any way the functions of which the officers of the authority are responsible under sections L. 1264-4 to L. 1264-6, or refusing to communicate to them the elements mentioned in these same articles, is punishable by six months' imprisonment and 7 500 €' fine.


"Art. L. 1264-12.-Personals guilty of the offences provided for in Article L. 1264-11 also apply the following additional penalties:
« 1° The temporary or definitive closure of one, several or all of the establishments of the company owned by the convicted person;
« 2° Prohibition of professional or social activity in the fiscal year or in the fiscal year of which the offence was committed, in accordance with the terms and conditions prescribed by theArticle 131-27 of the Criminal Code ;
« 3° The display or distribution of the pronounced decision under the conditions set out in section 131-35 of the same code.


"Art. L. 1264-13.-Legislatures declared criminally liable under the conditions provided for by theArticle 121-2 of the Criminal Code, of the offence defined in section L. 1264-11, in addition to the fine, in accordance with the terms and conditions prescribed by theArticle 131-38 of the Criminal Code, the penalties prescribed by the 2°, 4° and 9° of Article 131-39 of this code. The prohibition mentioned in 2° of Article 131-39 of the Criminal Code relates to occupational or social activity in the exercise or in the exercise of which the offence was committed.


"Art. L. 1264-14.-The disclosure by one of the parties of information concerning another party or a third party and of which it was only able to be aware after the communications or consultations that were carried out pursuant to Article L. 1264-10 shall be punished by the penalties provided for in Article L. 1264-10Article 226-13 of the Criminal Code.


“Section 4
Miscellaneous provisions


"Art. L. 1264-15.-The president of the Authority for the regulation of railway and road activities shall seize the Autorité de la concurrence with the abuse of dominant position and the practices impeding the free exercise of the competition which he is aware in the area of rail transport, in the area of the services of road transport of persons or in the sector of the contracts of work, supplies and services on the road network conced, in particular when he considers that these practices are prohibited by L. 420-1 and L. 420-2 Commercial code. This referral may be introduced in an emergency procedure, in accordance with Article L. 464-1 of the same code. The President may also refer the matter to it, for advice, within his jurisdiction.
"The Autorité de la concurrence shall communicate to the authority any referral entering the jurisdiction of the Authority. It may also refer to the authority, for notice, of any matter relating to the railway transport sector, the road transportation sector of persons or the highway sector. Where it is consulted, pursuant to this paragraph, by the Autorité de la concurrence on practices which the Autorité is seized in the railway transport sector, the area of road transport services of persons or the area of highways, the authority attached to its opinion, within the specified time limit, all elements useful to the investigation of the case which are in its possession.


"Art. L. 1264-16.-The Authority for the regulation of railway and road activities may be consulted by the courts on the practices identified in the cases before them and entering the jurisdiction of the authority, as well as on cases to which the authority has had to know. The prescription course is suspended by consultation with the authority.
"The courts shall send to the authority a copy of the judgment concerning the cases for which they have consulted it.


"Art. L. 1264-17.-When the Authority for the regulation of railway and road activities is aware of the facts that appear to it to justify criminal proceedings, it shall address the file to the prosecutor of the Republic. This transmission interrupts the prescription of public action.


"Art. L. 1264-18.-The statute of limitations is also interrupted when the facts referred to in the case are the subject of an act for their search, finding or sanctioning by the European Commission or by a railway regulatory authority of another Member State of the European Union.


"Art. L. 1264-19.-Instruction and judgment courts may communicate to the authority, upon request, the minutes or reports of investigation that have a direct connection to the facts before the authority.


“Section 5
" Implementing provisions


"Art. L. 1264-20.-A decree in the Council of State specifies the conditions for the application of this chapter. »

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The second part of the transport code is amended:
1° In the preliminary chapter of the preliminary title of Book I, in the penultimate paragraph of Article L. 2100-4, the words: "articles L. 2134-1 to L. 2134-3" are replaced by the words: "of Chapter III of Title VI of Part I and of Article L. 2133-12";
2° In Title III of Book I, the first sentence of the first paragraph of Article L. 2131-1, Articles L. 2132-1 to L. 2132-8-2, L. 2132-9 to L. 2132-13, L. 2134-1 to L. 2134-3, L. 2135-1 to L. 2135-17 and Chapter VI are repealed;
3° The same title is titled "Chart III.-Regulation";
4° Chapter I of the same title is titled: "Measures of the Authority for the regulation of railway and road activities" and includes articles L. 2131-1 to L. 2131-4;
5° In Article L. 2131-1, the first occurrence of the word: "It" is replaced by the words: "The Authority for the regulation of railway and road activities" and the reference to Article L. 2135-2 is replaced by the reference to Article L. 1264-2;
6° The same chapter is supplemented by article L. 2131-4-1, as follows:


"Art. L. 2131-4-1.-A decree in the Council of State specifies the conditions for the application of this chapter. » ;
7° Chapter II is entitled: "Competences of the Authority for the Regulation of Rail and Road Activities" and includes articles L. 2131-5 to L. 2131-9 which become articles L. 2132-1 to L. 2132-7;
8° In the third paragraph of Article L. 2132-3 as renumbered, the reference to Article L. 2134-2 and the reference to Article L. 2135-1 are replaced respectively by the reference to Article L. 1263-2 and the reference to Article L. 1264-1;
9° In the first paragraph of Article L. 2132-5, renumbered, the words: "Articles L. 2131-3 to L. 2131-6" are replaced by the words: "Articles L. 2131-3 and L. 2131-4 and Articles L. 2132-1 and L. 2132-2".
10° In the second paragraph of Article L. 2132-7, renumbered, the words: "For this purpose, they" are replaced by the word: "The";


11° The same chapter II is supplemented by two articles L. 2132-8 and L. 2132-9, as follows:


"Art. L. 2132-8.-Before making its decisions, notices or recommendations in the railway sector, excluding the decisions adopted in the procedures set out in chapters I and III to V of Part VI of Book II of Part I and Article L. 2132-7, the Authority for the regulation of railway and road activities consults the Government, in order to find out the analyses, in particular with regard to national transport issues and constraints.


"Art. L. 2132-9.-A decree in the Council of State specifies the conditions for the application of this chapter. » ;


12° Chapter III is supplemented by two articles L. 2133-12 and L. 2133-13 as follows:


"Art. L. 2133-12.-Any person who is deemed to have been the victim of unfair treatment, discrimination or any other practice on the part of the Public Rail Safety Institution that has the effect of improperly restricting access to the railway network, including service facilities, may, within the time limits of litigation, appeal to the Railway and Road Activities Regulatory Authority for opinion. The authority thus seized shall promptly inform the Public Railway Safety Establishment, which shall provide it with the information necessary for the instruction of the referral. It has a maximum of two months from the receipt of the referral to formulate its opinion, which it may publish. The Director General of the Public Rail Safety Establishment shall, in the light of this opinion, take any action that it deems necessary. He notified the author of the referral and the authority.
"The referral of the authority suspends the time limits for appeal against the decision of the Public Railway Safety Institution. These delays begin to run from the notice to the applicant of the authority. The authority may not intervene under this article when proceedings are brought before a court.


"Art. L. 2133-13.-A decree in the Council of State specifies the conditions for the application of this chapter. » ;


13° Chapter IV contains a single article L. 2134-1 as follows:


"Art. L. 2134-1.-The general provisions relating to appeals before the Authority for the regulation of railway and road activities are set out in chapter III of title VI of Book II of Part I. » ;


14° Chapter V includes a single article L. 2135-1 as follows:


"Art. L. 2135-1.-The general administrative and criminal sanctions provisions are set out in chapter IV of Part I, Part I, title VI. » ;


15° The second paragraph of Article L. 2331-1 is deleted;
16° The second paragraph of Article L. 2341-1 is deleted.

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References to provisions of Transport code repealed by the 2° of section 2 of this Order, contained in legislative or regulatory provisions, are replaced by references to the corresponding provisions of Book II title VI of Part I of the same Code.

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The third part of the transport code is amended:
1° In the second paragraph of Article L. 3111-24, the words: "For this purpose, they" are replaced by the word: "The";
2° Chapter IV of Book I title I is replaced by the following provisions:


“Chapter IV
« Stations and other road transport facilities


“Section 1
“General provisions


"Art. L. 3114-1.-The provisions of this chapter shall apply to public-accessible arrangements, whether or not they are, in whole or in part, on highways affected by public traffic, intended to facilitate the care or removal of passengers from regular road transport services.
"For the purposes of this chapter, these facilities include the additional facilities necessary for the reception of passengers and services to public road transport companies.
"They include bus stations and any other facilities that meet the definition of the first paragraph.
"Adjustments exclusively for school transport are not covered by this chapter.


"Art. L. 3114-2.-A decree in the Council of State specifies the elements to be understood and the services to be provided according to their characteristics, their level of attendance or the nature of traffic, in order to meet the needs of public road transport companies and passengers.


"Art. L. 3114-2-1.-Subject to the public service missions referred to in 1° of Article L. 1211-4, exclusively entrusted to the organizing authorities of road transport services in the area of the creation of road stations and other road transport arrangements, any private or public person, within the limits of his or her competence, may freely create or develop a road station or any other development under Article L. 3114-1.


“Section 2
“Operation


"Art. L. 3114-3.-In order to facilitate access requests, the operation of any development under section L. 3114-1 is ensured by a clearly identified operator.
"For this purpose, the operator shall declare to the Regulatory Authority the railway and road activities, subject to conditions and subject, where applicable, to exceptions defined by the authority, the elements necessary for the maintenance of the register provided for in Article L. 3114-10.


"Art. L. 3114-4.-Operation of facilities other than those comprising a single stop site exclusively for urban transport services is subject to the rules set out in sections L. 3114-5 to L. 3114-7. These rules become applicable as soon as the development is subject to a request for service by freely organized services under section L. 3111-17.
"However, the operation is not subject to these rules:
« 1° Facilities that do not fall within the public service unless they are functionally connected to a railway, river, marine or air infrastructure intended for the reception of passengers or located on the public highway domain;
« 2° Facilities available free of charge and, subject to availability, without reservation to all public transport vehicles.


"Art. L. 3114-5.-The operation of an accommodation shall, under the conditions and subject, if any, to exceptions defined by the Authority for the regulation of railway and road activities pursuant to the 4th of Article L. 3114-12, be held in a separate accounting, if the operator carries out other activities, of the accounting of any other activity.
"This obligation is not applicable to accommodations that include a single stop site.


"Art. L. 3114-6.-The operator defines and implements rules of access of road public transport companies to the development, as well as to the services it provides or ensures, transparent, objective and non-discriminatory, if any, after notice of the transport operator authorities and operators serving the intended development. He publishes them on his website.
"These rules include any tariffs and schedules for the handling and removal of passengers and, if not, for the use of services provided by the operator to public road transport companies.
"These include a public procedure that allows the allocation of unused capabilities to companies that may be interested.
"These rules of access are notified to the Authority for the regulation of railway and road activities prior to their entry into force, under the conditions and subject to the exceptions defined by the authority pursuant to the 6th of Article L. 3114-12.


"Art. L. 3114-7.-The operator's response to a request for access by a public road transport company is notified to the operator within one month of its receipt. The refusal of access is motivated.


“Section 3
« Regulation


"Art. L. 3114-8.-The Authority for the regulation of railway and road activities shall contribute to the exercise of effective competition for the benefit of the users of the transport services, by controlling compliance with the rules of access to the facilities provided for in section 2 and exercising the skills assigned to it by this section and by the provisions of title VI of Book II of the first part.


"Art. L. 3114-9.-The report under section L. 3111-23 also covers developments under section L. 3114-1.


"Art. L. 3114-10.-The Authority for the regulation of railway and road activities shall establish and maintain a public register of developments allowing public road transport companies to access the relevant information relating to these developments, including the identity of the person responsible for the operation, the rules of access and the conditions under which they may request access to these developments.


"Art. L. 3114-11.-Without prejudice to Article L. 3111-24, the Authority for the regulation of railway and road activities may, by a reasoned decision, impose the regular transmission of information by persons exercising control over the operation of the facilities, by the operators of these facilities or by other service providers to public road transport companies in these facilities.
"Operators and other suppliers are required to provide it with statistical information on access, use, attendance and services delivered.


"Art. L. 3114-12.-The Authority for the regulation of railway and road activities specifies by a reasoned decision:
« 1° The conditions under which the declaration provided for in Article L. 3114-3 is made and renewed;
« 2° The conditions under which the existence of a request for an accommodation by unorganized regular services, within the meaning of the first paragraph of section L. 3114-4, is found and the time limit within which the operator is, in the event of such an application, required to comply with the obligations arising from sections L. 3114-5 to L. 3114-7;
« 3° The criteria for appreciation of the functional tenet referred to in 1° of Article L. 3114-4;
« 4° The conditions for the implementation and verification of the obligation to maintain a proper accounting under section L. 3114-5 and the exceptions to that obligation;
« 5° The requirements for the development and implementation of the access rules provided for in Article L. 3114-6, including tariff rules and those relating to the public procedure for the allocation of unused capacities, in accordance with the principles set out in this Article;
« 6° The conditions for the prior notification of the access rules provided for in Article L. 3114-6.
"In its decision, the authority shall take into account the different categories of accommodation according to their technical or commercial characteristics, their level of attendance, or any other element likely to affect competitive analysis, such as the nature of traffic or the geographic location of the development.


"Art. L. 3114-13.-I.-The Authority for the regulation of railway and road activities sets out the obligations applicable to any person exercising control over the operation of developments under section L. 3114-1, to any operator of these developments or to any service provider to the public road transport undertakings in these developments, having a significant influence on a market in the transport sector of persons, as defined in section 31-14.
"These obligations may consist of:
« 1° The revision of the access rules referred to in Article L. 3114-6 in accordance with the requirements laid down by the authority, in particular with respect to the tariff rules defined by the authority or refusal of access to the facilities or services provided therein;
« 2° Improvement by means of targeted and proportionate measures, in particular organizational, of the effectiveness of the development operation to allow the maximum use of its capabilities;
« 3° The cessation of practices aimed at impeding the access of one or more carriers providing transportation services to an accommodation or to some of its benefits, including by limiting the number or size of its premises, equipment or facilities in the absence of any reasonable economic justification, or by artificially maintaining a sub-optimal operation of the development;
« 4° The proposal, in the event of saturation of the layout, of one or more alternatives outside the relevant layout;
« 5° The application of all or part of the obligations set out in sections L. 3114-5 to L. 3114-7 or of the provisions provided for in the texts taken for their application, to the operator of an accommodation or to a service provider to public road transport companies in the latter;
« 6° The maintenance of a proper accounting for certain activities or the maintenance of an accounting to verify compliance with obligations under this section; compliance with these requirements is then verified at the operator's expense by an independent body.
"II.-The obligations under this section are established, maintained or deleted, taking into account the market analysis provided for in Article L. 3114-14 and are proportionate to the achievement of the objectives referred to in Articles L. 3111-22 and L. 3114-8.
"In assessing this proportionate character, the authority takes, in particular, into consideration:
« 1° The technical and economic viability of the operation, taking into account market conditions;
« 2° Interest in public order, tranquility and public safety, the unused capacities of the layout and the configuration of the public spaces outside of it;
« 3° Investments made by the resource owner;
« 4° Where applicable, the specificities of public transport services.


"Art. L. 3114-14.-For the purposes of Article L. 3114-13, the Authority for the regulation of railway and road activities determines, with regard to the obstacles to the objective mentioned in Article L. 3114-8, and after the opinion of the Autorité de la concurrence, the markets of the transport sector of persons.
"After analyzing the predicted state and evolution of competition in these markets, the authority establishes, after the opinion of the Autorité de la concurrence, the list of operators deemed to have a significant influence on each of these markets. It is deemed to have a significant influence on a market in the transportation sector of any operator who, taken individually or jointly with others, is in a position equivalent to a dominant position allowing it to behave independently against its competitors, customers and consumers. In this case, the operator may also be deemed to have significant influence on another market closely linked to the first.


“Section 4
"Implementation measures


"Art. L. 3114-15.-The terms and conditions of application of this chapter are specified by decree in the Council of State, after the advice of the Authority for the regulation of railway and road activities. » ;


3° Section 4 of Chapter V of Book I is repealed;
4° Title I of Book I is supplemented by a chapter VI as follows:


“Chapter VI
"Security and sanctions


“Section 1
"Research, recognition and prosecution of offences


"Art. L. 3116-1.-The provisions of 1°, 4° and 5° of I and II of Article L. 2241-1 and of Articles L. 2241-2 to L. 2241-7, except those of Article L. 2241-5, are applicable to road public transport services of regular and on-demand persons, including accommodations where such services deposit and support passengers.


“Section 2
“Administrative sanctions


"Art. L. 3116-2.-They shall:
« 1° An administrative fine whose amount cannot exceed 3,000 € for a natural person and 15,000 € for a legal person the breaches of Article 4, paragraph 1, Article 8, Articles 10 and 11, paragraphs 2 to 5, Articles 13 to 15, Article 16, paragraph 1, Article 17, paragraphs 2 and 3, and Articles 19 to 21 and 24 to 27 of the European Regulations (EU) No 181/2011 III of Article L. 141-1 of the Consumer Code ;
« 2° An administrative fine whose amount may not exceed €9,000 for a natural person and €45,000 for a legal person the breaches of section 4, paragraph 2, section 9 and section 11, paragraph 1, of the Regulations of 16 February 2011, which were found under the conditions set out in the III of the same section L. 141-1.
"The administrative authority responsible for competition and consumption shall be the competent authority to make, under the conditions provided for in Article L. 141-1-2 of the same code, the administrative fines provided for in this Article.


“Section 3
« Penal sanctions


"Art. L. 3116-3.-The 2° and 5° of section L. 2242-4 and sections L. 2242-5 to L. 2242-7 are applicable to the road public transport services of regular persons and on demand, including the fittings in which these services deposit and support passengers.


"Art. L. 3116-4.-I.-East punishable by one year's imprisonment and $15,000's fine, for a vehicle driver less than ten places performing occasional services, to contravene 1° of II of Article L. 3120-2.
"II.- Physical persons convicted of the offence referred to in I also apply the following additional penalties:
« 1° The suspension, for a maximum of five years, of the driver's licence;
« 2° The immobilization, for a maximum of one year, of the vehicle used to commit the offence;
« 3° The confiscation of the vehicle that was used to commit the offence.
"III.-The legal persons declared criminally responsible, under the conditions provided for in theArticle 121-2 of the Criminal Codein addition to the fine in accordance with the terms set out in section 131-38 of the same code, the penalties set out in the 8th and 9th of section 131-39 of that Code. »


“Section 4
"safety


"Art. L. 3116-5.-A decree in the Council of State determines the applicable police rules, in particular with regard to security of accommodation where the road transport services of regular persons and on demand deposit and support passengers.


5° Book V is thus modified:
(a) In Article L. 3521-5, the words: "Section 3 of Chapter I" are replaced by the words: "Section 3 of Chapter I, Chapter IV as it relates to bus stations and other facilities that do not fall within the public service,"
(b) In Article L. 3531-1, the reference to Article L. 3114-3 is replaced by the reference to Article L. 3116-3;
(c) In Article L. 3541-1, the reference to Article L. 3114-3 is replaced by the reference to Article L. 3116-3;
(d) In Article L. 3551-5, the words: "Section 3 of Chapter I" are replaced by the words: "Section 3 of Chapter I, Chapter IV as it relates to bus stations and other facilities that do not fall within the public service."

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The road traffic code, in its drafting from Article 13 of the above-mentioned Act of 6 August 2015, is thus amended:
1° In the last sentence of the last paragraph of Article L. 122-17, the words: "who may pronounce a sanction pursuant to theArticle L. 2135-7 of the Transport Code » are deleted;
2° Section L. 122-30 is replaced by the following provisions:


"Art. L. 122-30.-The general provisions relating to the administrative control of the Authority for the regulation of railway and road activities, as well as to the administrative and penal sanctions set out in chapter VI of Book II of the first part of the Transport Code, apply to highway dealers. » ;


3° In the second paragraph of Article L. 122-32, the words: "For this purpose, they" are replaced by the word: "The";
4° In the first paragraph of Article L. 122-32, the words: "Chapters 1 to 3 of Chapter V of Title III of Book I of Part II of the Transport Code" are replaced by the words: "Chapters 1 to 3 of Chapter IV of Title VI of Part I of the Transport Code";
5° Sections L. 122-33 and L. 122-34 are repealed.

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Section L. 1525-1 of the General Code of Territorial Communities is supplemented by three sub-items as follows:
"The participation of the territorial authorities and their groupings in the joint economy companies operating on the bus stations and operating under the 1° above shall be subject to the following conditions:
« 1° Territorial authorities and their groupings hold not more than 40% of the capital separately;
« 2° Territorial authorities and their groupings jointly hold not more than 65% of the capital. »

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In the third of Article L. 752-2 of the Commercial Code, after the words: "rail stations" are inserted the words: "and road".

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In article L. 581-7 of the environmental code, after the words: "rail stations" are inserted the words: "and road".

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In article L. 111-19 of the urban planning code, after the words: "landscapes in the middle of the earth", are inserted the words: "the surfaces of the landscaping of theArticle L. 3114-1 of the Transport Code"

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In the first paragraph of the V of Article 15 of the above-mentioned Act of 7 August 2015, the words "of public passenger train stations within the department defined in theArticle 2 of Order No. 45-2497 of 24 October 1945 on passenger bus stations" are replaced by the words: "road stations or other facilities to facilitate the care or removal of passengers of regular road transport services under the department".

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Order No. 45-2497 of 24 October 1945 on passenger bus stations is repealed.

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I. - Prior to the first day of the third month following the effective date of this order, the operators of the facilities under theArticle L. 3114-1 of the Transport Codein its writing pursuant to section 4 of this order, which was operated before that date of entry into force, comply with:
1° The obligation to report under Article L. 3114-3 of the same code;
2° The obligation to impose new access rules in accordance with Article L. 3114-6 of the same code; during the transitional period preceding the entry into force of this order, the operator shall deal with the new requests for access by road public transport companies in accordance with the principles set out in this same article, the provisions of Article L. 3114-7 of the same code and, where applicable, the decisions taken by the Authority for the regulation of railway and road activities pursuant to section 3 of Chapter IV of title I of Book I of the third part of the same code.
II. - Before the first day of the third month following the date of entry into force of this order, the Railway and Road Activities Regulatory Authority shall publish the register referred to in Article L. 3114-10 of the same Code.

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The Prime Minister, the Minister of Ecology, Sustainable Development and Energy and the Minister of Economy, Industry and Digital Affairs are responsible, each with respect to the application of this Order, which will be published in the Official Journal of the French Republic.


Done on 29 January 2016.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister of Economy, Industry and Digital,

Emmanuel Macron


Minister of Ecology, Sustainable Development and Energy,

Royal


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