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, particularly article 38; Act No. 2015-990 6 August 2015 for growth, activity and equality of economic opportunity, including the II of article 1 and article 12 thereof.
Modification of the transportation code, code of road roads, of the general code of territorial communities, the commercial code, code of the environment, of the code of urbanism. Amendment to Act No. 2015-991 from 7 August 2015 on the new territorial organisation of the Republic: amendment of article 15. Repeal of order No. 45 - 2497 on 24 October 1945, on road passenger terminal.
Keywords economy, ARTICLE 38, CODE of transport, CODE of Highways road, GENERAL CODE of local authorities, CGCT, commercial CODE, CODE of the environment, town planning CODE, Station Road, regulatory authority activities rail and road, ARAFER, public authority separate, API, ADMINISTRATIVE authority separate, AAI, personality ethics, COMPETENCE, COMPOSITION, COLLEGE, Member, PRESIDENT, VICE PRESIDENT, method of appointment, duration of mandate, DELIBERATION
, The sanction COMMISSION, Organization financial, financial autonomy, remedy, dispute, SANCTION ADMINISTRATIVE, SANCTION criminal, power control, power of inquiry, REGULATION, referral, management, road TRANSPORT, accessibility, PUBLIC, PUBLIC road TRANSPORT, business, operations, taking of PARTICIPATION, community territorial SERVICE toll road, TRANSPORT toll records statutory legislative record of order No. 2016-79 29 January 2016 JORF n ° 0026 January 31, 2016 text no. 46 order No. 2016-79 of 29 January 2016 on the bus stations and the recodification of the provisions of Code of transport relating to the authority of regulation of rail and road NOR: EINC1521673R ELI: https://www.legifrance.gouv.fr/eli/ordonnance/2016/1/29/EINC1521673R/jo/texte Alias: https://www.legifrance.gouv.fr/eli/ordonnance/2016/1/29/2016-79/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of economy, industry and the digital, given the Constitution particularly article 38;
Having regard to the general code of territorial communities, particular article l. 1525-1;
Having regard to the code of commerce, particular articles L. 420 - 1, L 420 - 2, L 420 - 5, L. 464 - 1 and L. 752 - 2;
Having regard to the code of energy, including its article L 135 - 13;
Having regard to the code of the environment, including its article L. 581 - 7;
Having regard to the code of administrative justice, particular article R. 123 - 20.
Having regard to the penal code;
Having regard to the code of transport;
Having regard to the code of urbanism, particular articles L. 102 - 12, L 111-6-1 and L. 121-9-1;
Having regard to the code of road highways, particular articles L. 122 - 1 to L. 122 - 34;
Having regard to Act No. 2015-990 6 August 2015 for growth, activity and equality of economic opportunity, including the II of article 1 and article 12 thereof;
Pursuant to law No. 2015 - August 7, 2015 991 on new territorial organization of the Republic, including the V-VII of article 15 thereof;
Having regard to the opinion of the national Council of evaluation standards dated January 7, 2016;
Having regard to the referral of the territorial Council of Saint Pierre and Miquelon dated December 29, 2015;
Having regard to the referral to the departmental Council of Mayotte dated December 30, 2015;
The Council of State (section of public works) heard;
The Council of Ministers heard, orders: Article 1 more on this article...

The first part of the code of transport is thus modified: 1 ° to chapter III of title I of book II, the fifth and sixth paragraphs of article l. 1213-3-1 are replaced by the following: "the regional scheme of intermodality has a regional bus stations scheme that coordinates the action of the communities concerned. Inter alia, it identifies poles of policy for the integration of those trade arrangements to facilitate support and removal of passenger transport services falling within the public service and fixed objectives required accommodations to the connections between the different transport networks and modes of travel, in particular the non-polluting modes. » ;
2 ° book II is supplemented by a title VI as follows: "Title VI" authority of REGULATION of activities rail and road ' chapter I: "Organization and functioning" Section 1 "administrative organization" sub-section 1 "General provisions «Arts»»»»»»»» L. 1261 - 1.-L' activities railway and road authority is an independent public authority with legal personality. It comprises a college and a sanctions Committee.
"Apart from decisions attributed specifically to the sanction commission, the assignments performed by the authority or its president are exercised by his college or its president.
«Art.» L. 1261-2.-proposals, opinions and decisions of the authority of regulation of rail and road activities are motivated and made public, subject to secrets protected by law.
"Its reports are also made public, under the same conditions.
«Art.» L. 1261-3.-the members and officers of the authority of regulation of rail and road activities exert their functions impartially, without receiving any instruction of the Government or any institution, person, company or organization.
"They are held to professional secrecy for the facts, acts and information of which they have knowledge by reason of their functions.
"Breach of privilege established by a decision of justice lead the cessation of office of functions within the authority.
"The obligation of professional secrecy shall not preclude the disclosure by the authority of the information or documents which it holds to the European Commission or 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 members and its agents are bound to obligations of professional secrecy as defined in this section.
«Sub-section 2 ' College and President of the college «Art»» L. 1261-4.-the college the authority of regulation of activities and train is composed of seven members appointed by Decree because of their economic, legal skills or techniques in the field of land, or for their expertise in competition matters transport infrastructure, particularly in the area of network industries and services.
"Their mandate is six years non renewable.
"With the exception of the Chairman, the members of the college are renewed by third all two years.
«Art.» L. 1261-5.-the president of the college is named in the conditions laid down by law organic No. 2010-837 23 July 2010 on the application of the fifth paragraph of article 13 of the Constitution.
"Also president, the college includes two Vice-Chairmen designated, respectively, by the president of the National Assembly and the president of the Senate.
"It includes at least one member appointed due to his economic expertise, a member appointed due to his legal skills and a member named for its expertise in competition matters, particularly in the area of network industries.
«Art.» L. 1261-6.-the members other than the Chairperson and the Vice-Chairpersons include an equal number of women and men. For the renewal of the vice-presidents, Member succeeding to a woman is a man and succeeding a man is a woman.
"In the event of vacancy of a member of the college's seat, was taken to his replacement by a person of the same sex for the duration of the term. Subject to the preceding paragraph, a term less than two years is not taken into account for the application of the rule of non-repetition.
«Art.» L. 1261-7.-functions of the members of the college are incompatible with any elected departmental, regional, national or European, and detention, direct and indirect, interest in the rail sector, in the sector of regular toll of traffic of people or in the highways sector.
"The members of the college do, personally, no public position on subjects within the competence of the authority.
"They renew each year the declaration of interests referred to in article 11 of Act No. 2013-907 October 11, 2013 on the transparency of life public, accompanied by 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 fails to comply with the incompatibility rules laid down in this article is declared, after consultation of the college, who has resigned from office by Decree;
«2 ° it can be put an end to the duties of a member in the event of impediment observed by the college, under the conditions laid down in the rules of procedure of the authority;
«3 ° it can also be put an end to the duties of a member in the event of serious breach of its obligations, by Decree on a proposal from the college.
"At the end of their mandate, the members of the college cannot occupy any professional position, nor exercise any responsibility within a companies or entities falling within the scope of regulation for a minimum period of three years, under pain of penalties provided for in article 432-13 of the penal code.

«Art.» L. 1261-8.-president of the authority of regulation of rail and road activities shall take appropriate measures to ensure compliance with the obligations laid down in articles l. 1261-7 and L. 1261-15.
«Art.» L. 1261-9.-the president of the authority of regulation of rail and road activities and two vice-presidents serve full time. In addition to the incompatibilities listed in the first paragraph of article l. 1261-7, their functions are also incompatible with any professional activity and any public employment.
«Art.» L. 1261-10.-in case of vacancy of the Presidency the authority of regulation of rail and road activities for any reason whatsoever or in case of impediment observed by the college, the functions of the president are provisionally exercised by the formerly designated vice-president.
«Art.» L. 1261-11.-the President of the regulatory authority for activities and train quality to sue on behalf of the authority.
«Art.» L. 1261-12.-the authority of regulation of activities and train college adopts and publishes rules of procedure specifying its modalities of instruction and procedure as well as its methods of work. The college decides to localization of services of the authority, depending on the needs of service.
«Art.» L. 1261-13.-the Minister of transport and the Minister in charge of the budget stop the remuneration of the president and the vice-presidents of the authority of regulation of rail and road activities and the amount of the vacations paid to the other members of the college, as well as their terms of evolution for the duration of their mandate.
«Sub-section 3 "rules of deliberation of the college «Art»» L. 1261-14.-the college cannot deliberate unless four at least of its members are present. Notices, decisions and recommendations are made by a majority of the members present. In case of equal division of votes, the president is dominating.
«Art.» L. 1261-15.-without prejudice to the possibility for any member of the college, to withdraw in any case in which it considers it necessary, no Member may deliberate in a case in which he had an interest in the three years preceding the deliberation. This prohibition also applies when, during the same period, a member held a mandate or exercised management functions, Board or control within a legal person having had interest in this case.
«Subsection 4 ' Commission of sanctions «Art»» L. 1261-16.-the authority of regulation of rail and road activities sanction commission consists of three members: «1 ° a member of the Council of State, appointed by the vice-president of the Council of State;
2 ° a counsellor to the Court of cassation, appointed by the first president of the Court of cassation;
«3 ° a judge of the Court of Auditors, appointed by the first president of the Court of Auditors.
"The Chairman of the sanctions Committee is appointed by order among the members of the commission.
"The functions of Member of the commission of sanctions are not remunerated. They are incompatible with that of Member of the college of the authority.
"The term of office of the members of the commission is non-renewable six-year-old. It is counted from the date of the first meeting of the commission. At the expiry of the period of six years, the members shall remain in office until the first meeting of the commission of sanctions in its new composition.
"The gap between the number of women and the number of men among the members of the commission of sanctions can be greater than one. At each renewal, the Member succeeding to a woman is a man and succeeding a man is a woman.
"In the event of vacancy of a seat of a member of the sanction commission, was taken to his replacement by a person of the same sex for the duration of the term.
«Art.» L. 1261-17.-the commission of the sanctions adopted and published rules of procedure specifying its rules of operation and without prejudice to article L. 1264-10, the procedural rules applicable to the procedure for imposing penalties laid down in section 2 of chapter IV of this title.
«Sub-section 5 «Services «Art»» L. 1261 - 18.-L' activities railway and road authority offers services under the authority of its president.
"It can use judges and officials and recruit contract agents.
"Under the conditions and limits laid down by the college, the Secretary general, appointed by the president, recruiting agents and may enter into contracts, agreements and contracts. It has standing to sue for Affairs within the functioning of the authority.
"It can delegate its authority to any officer of the authority in materials and limits determined by the college.
«Section 2 ' financial organization «Art»» L. 1261 - 19.-L' activities railway and road authority has financial autonomy.
«It collects the fixed duty set out in article L. 1261-20 of this code and fees established in articles 1609 sextricies and 1609 septtricies of the general code of taxes, within the limits of the ceilings set out in article 46 of law No. 2011 I - 1977 December 28, 2011 finance for 2012»
"The authority receives, if any, remuneration for services rendered.
"Act of August 10, 1922 on the organisation of the control of expenditures was not applicable.
"The president of the authority is authorizing officer of revenue and expenditure.
"It is subject to the control of the Court of Auditors.
«Art.» L. 1261-20.-a fixed fee is due by railway undertakings that use the rail network within the meaning of article l. 2122-1. Its amount is fixed by the Minister of transport and the Minister in charge of the budget, on a proposal from the authority of regulation of rail and road activities.
"This right shall include, as appropriate: '-is a part of the amount of infrastructure charges associated with the use of the national rail network of paid to the Manager of the referred to in article l. 2111-9 national rail network, within the limit of five-thousandths of the amount;
"- either a proportional amount number of kilometres travelled on the other lines of the rail network, within the limit of €0.10 per kilometre travelled.
"It is declared and paid by the persons referred to in the first subparagraph who are liable to pay, under the same conditions as those laid down for the right of security established by article l. 2221-6, with the public accountant of the authority of regulation of activities and train.
"It is found and recovered in the same time and under the same guarantees and penalties than those applicable sales taxes.
«Section 3 "implementing provisions «Art»» L. 1261-21.-a decree in Council of State sets out the conditions for the application of this chapter.
«Chapter II "Missions «Art»» L. 1262-1.-the missions of the authority of regulation of rail and road activities specific to that sector of rail transport are contained in title III of book I of the second part of this code.
«Art.» L. 1262-2.-the missions of the authority of regulation of rail and road activities specific to the sector road transport of people listed in section 3 of chapter I and section 3 of chapter IV of title I of book I of part III of this code.
«Art.» L. 1262-3.-the missions of the authority of regulation of rail and road activities sector-specific highways are contained in chapter II of title II of the code of the road road.
«Chapter III "appeals to the authority of regulation of rail and road activities" Section 1 "common provisions «Arts»»»»»» L. 1263 - 1.-L' activities railway and road authority examines all claims to the title of this chapter. It urges each application within a period of one month of receipt. It seeks all information useful for education and conducts consultations of the parties concerned. She pronounces within a maximum period of six weeks from the receipt of all relevant information to the hearing of the application.
"The decisions taken by the authority pursuant to this chapter are subject to appeal for annulment or reversal within a period of one month from their notification. A cross-appeal can be formed even though its author would be barred to act as principal. These remedies fall within the competence of the Court of appeal of Paris and are not suspensive. However, the stay of execution of the decision may be ordered by the judge, if it is likely to have consequences clearly excessive or irreparable or if it occurred, subsequent to notification, recent developments of an exceptional gravity.
"The appeal in cassation against the judgment of the Court of appeal is exercised within a period of one month from the notification or the meaning of that judgment.
«Section 2 "regulations of disputes over rail transport «Art»» L. 1263-2.-any candidate, any handler infrastructure or any operator of service within the meaning of the book Duke of the second part can grasp the authority of regulation of activities rail and road of a dispute, therefore that it feels victim of unequal treatment, discrimination or any other prejudice related to access to the railway network, and in particular, within the meaning of the same book : '1 ° to the contents of the document of reference of the network;

2 ° the procedure of allocation of capacity of rail infrastructure and the corresponding decisions;
«3 ° the special conditions which are made to him;
4 ° the exercise of the right of access to the network and the implementation of infrastructure charges to be paid for the use of the network in accordance with the railway pricing system;
«5 ° a monitoring railway safety;
«6 ° (a) the exercise of the right of access to service facilities, including the provision and implementation of pricing for basic services provided in these facilities and the complementary or related benefits;
«7 ° has the implementation of the framework agreements referred to in articles l. 2122-6 and l. 2122-7 as well as contracts for the use of infrastructure;
«8 ° has the creation of inland transport services of passengers during an international passenger service.
"Decision of the authority of regulation of rail and road activities, which may be accompanied by penalties, specifies the conditions of technical and financial settlement of the dispute within the time it accords. When it is necessary for the settlement of the dispute, it fixed, objective, transparent, non-discriminatory and proportionate way the terms of access to the network and its conditions of use and take the appropriate measures to correct any discrimination or distortion of competition, having regard in particular to the 1 ° to 8 ° of this article. Its decision is notified to the parties and published in the Official Journal, subject to secrets protected by law.
"In the event of serious and immediate interference with the rules governing access to the network or its use, the authority may, after hearing the parties concerned, order, applicable under penalty, the precautionary measures necessary. These measures may include suspension of practices infringing the rules governing access to the network or its use.
«Section 3 "dispute resolution on the road transport of people «Art»» L. 1263-3.-any public road passenger transport undertaking, any operator planning article l. 3114-1 or any service provider to enterprises of public road transport in these facilities can seize the authority of regulation of activities rail and road of a dispute whenever it feels victim of unequal treatment, discrimination or any other prejudice related to the rules and conditions of access.
"Decision of the authority of regulation of rail and road activities, which may be accompanied by penalties, specifies the conditions of technical and financial settlement of the dispute within the time it accords. When necessary, it fixed, objective, transparent, non-discriminatory and proportionate manner the terms of access and its operating conditions and takes appropriate measures to correct any discrimination, any distortion of competition or any practice which constitute an obstacle to effective access of carriers to this development. It can take into account specificities related to the operation of a public transport service. Its decision is notified to the parties and published, subject to secrets protected by law.
"In cases involving serious and immediate rules governing access to the bus station or at the location of stop, the authority may, after hearing the parties concerned, order, applicable under penalty, the precautionary measures necessary.
When the dispute concerns a party in respect of the activities that it exercises as a counterparty of a territorial community or a group of authorities, this community or group has the status of party to the authority for regulation of rail and road activities and, where appropriate, before the Court of appeal and the Court of cassation.
«Section 4 ' implementing provisions «Art»» L. 1263-4.-a decree in Council of State sets out the conditions for the application of this chapter.
«Chapter IV "administrative and criminal penalties" Section 1 "powers of control and investigation «Art»»»»»» L. 1264-1.-without prejudice to article L. 1264-10, the authority of regulation of rail and road activities may, either ex officio, at the request of the administrative authority of an infrastructure manager, an operator of installation service, a railway undertaking or another candidate within the meaning of book I of the second part, people road public transport undertakings, operators facilities falling under article L. 3114-1 providers of services to enterprises of public road transport in these developments, dealers of highways or any other person concerned, carry out research and the finding of breaches of the obligations resulting from the provisions listed below as well as their implementing texts: "1 ° the provisions of this title;
«2 ° the provisions of title III of book I, Duke of the second part 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 sections 3 to 5 of chapter II of title II of the code of the road road. ''
"Are qualified to proceed, in the exercise of their functions, to research and to the finding of breaches of the obligations under provisions listed in 1 ° to 4 °, and of the texts implementing them agents of the authority of regulation of railway operations and authorized by the president of the authority and road sworn in conditions similar to those applicable to agents of the Commission for regulation of energy under article L. 135-13 of code from. energy.
"When the president of the authority means for people to achieve an accounting audit or an expert's report or external experts to carry out audits accounting or to assist in their investigations the officials authorised by the authority, it shall, if the persons concerned are not registered on a list of forensic experts, that they be sworn in the same conditions." The Prosecutor of the Republic is prior informed investigation operations envisaged in accordance with article l. 1264-4. Breaches are discovered by agents of the authority authorized by the president and are the subject of reports which, as well as the maximum penalties shall be notified to the person concerned.
«Art.» L. 1264-2.-for the performance of its tasks, the authority of regulation of activities and train has a right of access to the accounts of the infrastructure managers, operators of facilities of service, railway undertakings and the other candidates within the meaning of book I of the second part of the SNCF, people road public transport companies, operators of facilities under article L. 3114-1 any provider of services for the companies of public traffic in these developments and dealers of highways, as well as information economic, financial and social.
"It can collect all relevant information from:" 1 ° of the services of the State and authorities organizing transport services rail, long distance trucking of people as well as regular services to the services of the State and the authorities responsible relationships with the operators of the facilities under of article l. 3114-1, service providers for the companies of public road transport in these facilities or dealers of highways;
2 ° of the public establishment of rail safety, infrastructure managers, operators of facilities service, railway undertakings and the other candidates within the meaning of book I of the second part of the SNCF, of road haulage companies public people, operators facilities falling under article l. 3114-1, providers of services destined for public traffic in these developments and motorways dealers companies;
«3 ° the other companies involved in the rail transport sector, in that regular toll of traffic of people or works, supplies and services on the concessionary motorway network.
"It can also hear any person whose hearing seemed likely to contribute to his information.
"The authority of regulation of rail and road activities specified by the person concerned a reasonable time, not exceeding one month, for the production of information, parts and the documents requested. If circumstances warrant, it may authorize an extension of two weeks, that can be extended to one month where the production of such information, parts or documents requires an important work of gathering, treatment or in the form of data concerned.
"The officials of the authority empowered by president stem accounting audits and inquiries necessary for the accomplishment of the tasks entrusted to the authority. President a person competent to carry out, if necessary, an accounting audit or an expertise.
"The investigations give rise to minutes. A double is passed in the five days to interested parties.

"Regulated agents authority receive, at their request, the accounting records and invoices, of any part or useful document, take copy and collect, upon invitation or on site, the information and justifications to the accomplishment of their mission.
«Art.» L. 1264-3.-regulated agents of the authority have access between eight and twenty hours, or outside of these hours when public access is allowed or a professional activity is underway, premises, premises, facilities and materials transport covered by the undertakings listed in the 2 ° and 3 ° of article l. 1264-2, excluding homes and the part of the premises used as home. They may be assisted by external experts appointed by the president of the authority and carry out joint visits with agents of the State or its public institutions services.
«Art.» L. 1264-4.-outside cases provided for in article l. 1264-3, or when such access is denied to them, regulated agents cannot conduct visits in all places, as well as the seizure of parts and documents, as part of investigations requested by the regulatory authority of the train and bus, activities on judicial authorization given by order of the judge of freedoms and detention of the High Court in which are located the premises to visit. The Ministry of Attorney is not required. When these offices are located within the jurisdiction of several courts and simultaneous action must be carried out in each of them, the query may be worn with one of these courts.
"The judge verifies that the application for authorization submitted is based; This application must contain all the elements of information to justify the visit.
"The visit and the seizure shall be under the authority and control of the judge who has authorised. It refers to one or more police officers to attend these operations and to keep it informed of their progress. When they take place outside the jurisdiction of the High Court, delivered a letter rogatory, to exercise this control, the judge of freedoms and detention of the tribunal de grande instance in which takes place visit.
"The judge may, if he considers it useful, to visit the premises during surgery. ''
"He may, at any time, decide the suspension or termination of the visit.
"The order referred to in the first subparagraph is enforceable solely by the minute.
'The order is notified verbally and on-site at the time of the visit to the occupier of the premises or its representative who receives full copy against receipt or acquittance to the minutes provided for in article l. 1264-6. In the absence of the occupier of the premises or his representative, the order is notified after the visit, by registered letter with request for acknowledgement of receipt. The notification is deemed to be made on the date of receipt on the notice.
"Absence of receipt, was taken to the service of the order by Act of bailiff. The time limit and remedy 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 be lawyer.
"According to the rules laid down by the code of civil procedure, this appeal must be exclusively formed by declaration handed over or sent, by registered letter or by electronic means, at the registry of the Court within a period of fifteen days. This short time either delivery or receipt, or the meaning of the order. The appeal is not suspensive.
"The registry of the High Court shall promptly transmit the case file at the registry of the Court of appeal where the parties can consult it.
"The order of the first president of the Court of appeal is likely to an appeal in cassation, according to the rules laid down by the code of civil procedure. The deadline for the appeal in cassation is 15 days.
«Art.» L. 1264-5.-visit, which cannot begin before 6 a.m. or after twenty-one hours, is performed in the presence of the occupier of the premises or his representative. If possible, the judicial police officer requires two witnesses selected outside persons under his authority or the authority of regulation of rail and road activities.
"Investigators, the occupant places or his representative as well as the judicial police officer may only take cognizance of the parts and documents prior to their entry. ''
«Art.» L. 1264-6.-a report describing the procedures and the conduct of the operation and recording the findings is prepared immediately by investigating officers. An inventory of the parts and documents seized him is attached, if applicable. The minutes and inventory are signed by investigating officers and the officer of the judicial police as well as by the persons mentioned in the first paragraph of article l. 1264-5; in the event of refusal to sign, reference is made to the minutes.
"If the inventory on this place of the difficulties, the parts and documents seized are placed under seal. The occupier of the premises or his representative is notified that he may attend the opening of the seals that takes place in the presence of the officer of the judicial police; the inventory is then established.
"The original of the minutes and inventory are, as soon as they have been established, addressed to the judge who authorized the visit; a copy of those documents is given to the occupier of the premises or to his representative.
"Seized documents and coins are returned to the occupant of the premises within six months of the visit; However, when criminal proceedings are involved, their return is authorized by the competent judicial authority.
'The minutes and inventory mention the time limit and remedy.
"The first president of the Court of appeal has recourse against the conduct of the visit or entry operations. The parties are not required to be lawyer.
"According to the rules laid down by the code of civil procedure, this appeal must be lodged exclusively by declaration handed over or sent, by registered letter or by electronic means, at the registry of the Court within a period of fifteen days. This short time of delivery or receipt of the minutes, or inventory. This appeal is not suspensive.
"The order of the first president of the Court of appeal is likely to an appeal in cassation according to the rules laid down by the code of civil procedure. The deadline for the appeal in cassation is 15 days.
«Section 2 "administrative Sanctions «Art»» L. 1264-7.-are punished under the conditions laid down in this section: "1st non-compliance in a timely manner, of a decision taken by the college the authority of regulation of rail and road activities pursuant to sections 2 and 3 of chapter III of this title;
«2 ° breach of the disclosure requirements of documents and particulars provided for in article l. 1264-2, with the exception of those applicable to the persons mentioned in the 1 ° of this article, or to the obligation to provide access to its records provided for in that article;
«3 ° the breach for the communication of information provided for in application of articles l. 2131-7, L. 3111-24, L. 3114-11 of this code and article L. 122 - 31 of the code of the road road;
«4 ° failure to an infrastructure manager, an operator of installation of service, from the train, a railway undertaking or another candidate within the meaning of book I of the second part, the obligations in respect of access to the network or its use, particularly in the event of breach of a rule made by the authority pursuant to article l. 2131-5 or a decision taken by it in application of articles l. 2133-3 and L. 2133-4;
«5 ° non-compliance by the SNCF of rules laying down requirements to missions referred to in article l. 2102-1;
«6 ° the failure of an operator of a facility under article l. 3114-1 or any provider of services destined for public road transport companies in these arrangements, the obligations laid down in section 2 of chapter IV of title I of book I of the third party or the obligations laid down by decisions of the authority taken pursuant to section 3 of the same chapter , with the exception of article L. 3114-11;
«7 ° breach by a concessionaire of motorways to the obligations of communications of information laid down in the fourth paragraph of article L. 122 - 17 of the code of the road road. ''
«Art.» L. 1264-8.-when the college the authority of regulation of rail and road activities finds one of the infringements referred to in article l. 1264-7, it highlights remains the person concerned to comply with its obligations within a period which it shall determine. It can make public this formal notice.
"When the person concerned complies not at this setting remains within the time limit or provides incomplete information or erroneous, the college of the authority may decide to sanction proceedings opening. He will notify the individual grievances and grasps the sanctions Committee, which adjudicates in the conditions laid down in articles l. 1264-9 and L. 1264-10.
«Art.» L. 1264-9.-when it is entered one of the shortcomings mentioned in article l. 1264-7 the commission sanctions the authority of regulation of activities and train can, depending on the seriousness of the breach, make against the person concerned:

"1 ° a monetary penalty, which amount is commensurate with the seriousness of the breach, to the situation of the person concerned, to the extent of the damage and the benefits that are derived, but shall not exceed 3% of the total turnover excluding taxes for the last year ended in France, door to 5% for new violations of the same obligation. '' In the absence of activity to determine this ceiling, the amount of the penalty may not exceed €150,000 to €375 000 for new violations of the same obligation. If the breach has been subject to a financial penalty in respect of articles L. 420 - 1, L 420 - 2 and L 420 - 5 of the commercial code, the penalty eventually imposed by the sanction commission is limited so that the total amount of penalties does not exceed the amount the highest one of penalties;
2 ° a temporary ban of access to all or part of the rail network for a period not exceeding one year.
"The penalties are recovered as the claims of the foreign tax and the field State. The corresponding amounts are paid to the Agency's financing of the transport infrastructure of France.
«Art.» L. 1264-10.-the procedure before the sanctions Committee is contradictory. Sanctions are pronounced after the person concerned has received notification of objections, has been able to consult the file prepared by the services of the authority and has been invited to submit written and oral observations. It may be assisted by a person of his choice.
'Except in cases where the communication or consultation of documents is necessary for the procedure or the exercise of their rights by the parties involved, the Chairman of the sanction commission may refuse to disclose or consultation of parts or certain elements contained in these parts whose disclosure would impair a secret protected by the law. Considered parts are removed from the folder or some of their stolen information.
"In cases where the communication or consultation of documents whose disclosure would impair a secret protected by law is necessary for the procedure or the exercise of the rights of one or more of the parties, these documents are paid in the folder-confidential Appendix and are communicated only to or implemented for which parties these parts or components are necessary for the exercise of their rights."
'The sanction commission seat in camera. The parties may be present, ask to be heard and to be represented or assisted.
"The sanctions Committee deliberates on cases referred to it without the presence of agents had found deficiencies and those having established the trial record.
"Sanction decisions are notified to the interested parties and published in the Official Journal.
"They may be a recourse of full jurisdiction before the Council of State sanctioned persons, or by the Chairman of the authority of regulation of rail and road activities after agreement of the college of the authority. The appeal against penalties has a suspensive effect.
"The sanction commission cannot be seized of facts dating back to more than five years if it was any act tending to their research, their discovery or their punishment.
«Section 3 "Criminal Sanctions «Art»» L. 1264-11.-to oppose in any way whatsoever to the performance of the duties which the officials of the authority are responsible pursuant to articles l. 1264-4-l. 1264-6, or to withhold them the elements mentioned in those articles, is punishable by six months imprisonment and 7 €500 fine.
«Art.» L. 1264-12.-physical persons guilty of offences under article L. 1264-11 also incur the following additional penalties: 1 ° the temporary closure or definitively one, several or all the establishments of the undertaking belonging to the person sentenced;
«2 ° prohibition on the professional or social activity in the exercise or on the occasion of the exercise of which the offence was committed, provided for by article 131-27 of the penal code;
«3 ° the display or dissemination of the decision, under the conditions provided for in article 131-35 of the same code.
«Art.» L. 1264-13.-legal persons declared criminally liable, in accordance with article 121-2 of the penal code, the offence defined in article L. 1264-11 run, also fine, according to the conditions provided for in article 131-38 of the criminal code, the penalties provided by the 2 °, 4 ° and 9 ° of article 131-39 of this code. The prohibition referred to in 2 ° of article 131-39 of the criminal code deals with the professional or social activity in the exercise or on the occasion of the exercise of which the offence was committed.
«Art.» L. 1264-14.-disclosure, by one of the parties, information about another party or a third party and which it could not have known that as a result of the communications or consultations at which it was taken in application of article L. 1264-10 is punishable penalties provided for in article 226-13 of the penal code.
«Section 4 "provisions various «art»» L. 1264-15.-the president of the authority of regulation of activities and train captures the authority of competition from the abuse of dominant position and practices hampering the free exercise of competition which he has knowledge in the area of rail transport, in the road of people transport services sector or in works contracts sector , supplies and services on the motorway network conceded, especially when he considers that these practices are prohibited by articles L. 420 - 1 and L. 420 - 2 of the commercial code. This referral may be introduced as part of a procedure, in accordance with article L. 464 - 1 of the same code. The president may also take it, to notice, of any other matter within its jurisdiction.
"The competition authority notifies the authority any referral within the scope of the competence thereof. It can also seize the authority for opinion, any question relating to the sector of rail transport, road of people transport services sector or the highways sector. When it is consulted pursuant to this paragraph, by the authority of the competition in practices before the latter in rail transport, people road transport services sector or sector from the motorways, the authority attached to its opinion, within the time limit, all information relevant to the investigation of the case that are in its possession.
«Art.» L. 1264 - 16.-L' regulator of the rail and road activities can be accessed by the courts on the practices identified in the cases which they are seized and falling within the scope of competence of the authority, as well as on matters which the latter had to know. The course of the prescription is suspended by the consultation of the authority.
"The courts aimed at authority copy of the judgment on the business for which they have consulted it.
«Art.» L. 1264-17.-when rail and road activities regulatory authority has knowledge of facts which seem to him justify prosecution, it shall send the folder to the Prosecutor of the Republic. This transmission interrupts the limitation of public action.
«Art.» L. 1264-18.-the prescription is also interrupted when the matters referred in the referral are the subject of an act tending to their research, their discovery or their assent by the European Commission or by a rail regulator of another European Union Member State.
«Art.» L. 1264-19.-instruction and trial courts may communicate to the authority, at its request, the minutes or reports having a direct link with facts whose authority is seizure.
«Section 5 "implementing provisions «Art»» L. 1264-20.-a decree in Council of State sets out the conditions for the application of this chapter. ' Article 2 more on this article...

The second part of the code of transport is thus modified: 1 ° to 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 book II of part one and article L. 2133-12 ";
2 ° to 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, 2132-9 l. 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 entitled: "title III. - Regulation ';
4 ° chapter I of the same title is entitled: "Missions the authority of regulation of rail 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 authority of regulation of rail 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 an article l. 2131-4-1 worded as follows: «art.» L. 2131-4-1.-a decree in Council of State sets out the conditions for the application of this chapter. » ;
7 ° Chapter II is entitled: 'The authority of regulation of activities and train skills' and includes articles l. 2131-5-l. 2131-9 which shall become articles l. 2132-1 to l. 2132-7;

8 ° in the third paragraph of article l. 2132-3 thus renumbered, the reference to article l. 2134-2 and the reference to article l. 2135-1 are replaced by the reference to article l. 1263-2 and the reference to article l. 1264-1;
9 ° to the first paragraph of article l. 2132-thus renumbered 5, the words: 'in articles l. 2131-3 to l. 2131-6' shall be replaced by the words: ' in articles l. 2131-3 and l. 2131-4 as well as in articles l. 2132-1 and L. 2132-2.
10 ° in the second paragraph of article l. 2132-7 thus renumbered, the words: "to this end, the ' shall be replaced by the word: «The»
11 ° the same chapter II is supplemented by two articles l. 2132-8 and l. 2132-9 thus written: «art.» L. 2132-8.-before making its decisions, advice or recommendations in the rail sector, excluding the decisions adopted within the framework of the procedures laid down in chapters I and III to V of title VI of book II of part one and article l. 2132-7, the authority of regulation of rail and road activities shall consult with the Government to learn the analyses in particular as regards the issues and constraints of national railway transport system.
«Art.» L. 2132-9.-a decree in Council of State sets out the conditions for the application of this chapter. » ;
12 ° chapter III is supplemented by two articles L. 2133-12 and L. 2133-13 read as follows: «art.» L. 2133-12.-any person feeling victim on the part of the public of RSA of unequal treatment, discrimination or any other practice which restrict misused access to the rail network, including service facilities, may, in contentious times, seize for opinion the authority of regulation of rail and road activities. The authority thus concerned shall inform without delay the public establishment of railway safety, which provides useful information to the statement of the referral. It has a maximum period of two months from the receipt of the referral for his opinions, it can publish. In the light of this opinion, the Director-general of the public establishment of rail safety takes any measures he deems necessary. It shall notify its decision to the author of the referral and the authority.
"Referral to the authority suspend the time limits for appeal against the decision of the public establishment of railway safety. These time limits again to run from notification to the applicant of the notice of the authority. The authority cannot intervene in respect of this article when a procedure is initiated before a court.
«Art.» L. 2133-13.-a decree in Council of State sets out the conditions for the application of this chapter. » ;
13 ° Chapter IV includes an unique article l. 2134-1 worded as follows: «art.» L. 2134-1.-General provisions relating to appeals to the authority of regulation of rail and road activities are set out in chapter III of title VI of book II of the first part. » ;
14 ° chapter V includes an unique article l. 2135-1 worded as follows: «art.» L. 2135-1.-General provisions relating to administrative and penal sanctions are laid down in chapter IV of title VI of book II of the first part. » ;
15 ° the second paragraph of article l. 2331-1 is deleted;
16 ° the second paragraph of article l. 2341-1 is deleted.


Article 3 read more on this article...

References to provisions of the code of transport repealed by 2 ° of article 2 of this order, contained in statutory or regulatory provisions, are replaced by references to the corresponding provisions of title VI of book II of the first part of the code.


Article 4 more on this article...

The third part of the code of transport is thus modified: 1 ° in the second paragraph of article L. 3111-24, the words: "to this end, the ' shall be replaced by the word: «The»
2 ° Chapter IV of title I of book I is replaced by the following: "chapter IV" stations and other facilities of road transport "Section 1" General provisions «Arts»»»»»» L. 3114-1.-the provisions of this chapter are applicable to the facilities accessible to the public, whether or not located, in whole or in part, on channels allocated to public traffic, to facilitate removal of passengers from regular road transport services or the support.
"For the purposes of this chapter, these facilities include the ancillary installations necessary for the reception of passengers and services destined for public road transport companies.
"They include bus stations and any other development complying with the definition in the first paragraph.".
"The facilities intended exclusively for school transportation do not fall within this chapter.
«Art.» L. 3114-2.-a decree in Conseil d'Etat specifies what shall include these amenities and services must there be insured according to their characteristics, their level of attendance or the nature of the traffic, in order to meet the needs of the businesses and road public transport passengers.
«Art.» L. 3114-2-1.-subject missions of public service referred to in 1 ° of article l. 1211-4, entrusted exclusively to the authorities of the services of trucking in the establishment of bus stations and further development of road transport, any private or public person, within the limits of its powers, may freely create or develop a bus station or any other development under article L. 3114-1.
«Section 2 ' operation «Art»» L. 3114-3.-in order to facilitate requests for access, the operation of any development falling under article l. 3114-1 is ensured by a clearly identified operator.
"To this end, the operator said to the authority of regulation of railways and roads, under conditions and subject to activities, if any, exceptions defined by the authority, the necessary elements for the maintenance of the register provided for in article L. 3114-10. ''
«Art.» L. 3114 - 4 ' operation of facilities other than those with a single stop location is subject to the rules laid down in articles l. 3114-5-L exclusively to urban transport services. 3114-7. These rules will become applicable as soon as the development subject to an application for service by freely organized services under article L. 3111-17.
"However, is not subject to these rules the operation:" 1 ° of facilities not covered by the public service unless they are backed functionally to a facility or infrastructure rail, inland waterway, sea or air for the reception of passengers or located on the motorway public domain;
2 ° of the accessible facilities free of charge and subject to availability, without reservation to all public transportation vehicles.
«Art.» L. 3114 - 5.-L' operation of development gives rise, under the conditions and subject, where applicable, exceptions defined by the regulatory authority of the activities train and bus in application of 4 ° of article L. 3114-12, to the keeping of own, separate accounts, if the operator engaged in other activities, the accounts of any other activity.
"This obligation is not applicable to developments comprising a single stop location.
«Art.» L. 3114 - 6.-L' operator defines and implements access rules of the road haulage companies public in planning, as well as the services it provides or is done to ensure transparent, objective and non-discriminatory, as appropriate, after consultation with the authorities and transport operators serving considered planning. He publishes on its website.
«These rules include any rates and schedules for support and removal of the passenger as well as, if necessary, for the use of the services provided by the operator road public transport businesses.»
"They include a public procedure for the allocation of capacity unused undertakings that may be interested.
"These access rules are notified to the regulatory authority of the rail and road activities prior to their entry into force, under the conditions and subject to the exceptions specified by the authority in accordance with the 6 ° of article L. 3114-12.
«Art.» L. 3114-7.-the response by the operator to a request for access by a road public transport company is notified to the latter within a period of one month of receipt. The refusal of access are motivated.
«Section 3 "Regulation «Art»» L. 3114 - 8.-L' regulator of the rail and road activities contributes to the exercise of effective competition to the benefit of the users of transport services, by checking compliance with rules for access to the arrangements laid down in section 2 and in exercising the powers conferred by this section and the provisions of title VI of book II of the first part.
«Art.» L. 3114-9.-the report provided for in article L. 3111-23 is also on facilities under article l. 3114-1.
«Art.» L. 3114 - 10 ' rail and road activities regulatory authority sets up and maintains a public registry of facilities allowing the road public transport companies to access relevant information about these arrangements, including the identity of the person in charge of exploitation, access rules and the conditions under which they may request access to such arrangements.

«Art.» L. 3114-11.-without prejudice to article L. 3111-24, the authority of regulation of rail and road activities may, by a reasoned decision, impose the regular transmission of information by persons exercising control over the operation of facilities, by operators of these facilities or other service providers in road public transport companies in these developments.
"Operators and other providers are required to provide the statistical information regarding access, use, attendance and delivered services.
«Art.» L. 3114 - 12.-L' authority of regulation of rail and road activities shall specify by a reasoned decision: "1 ° the conditions in which is made and renewed the declaration provided for in article l. 3114-3;
«2 ° the conditions under which the existence of a request for service of a development by scheduled services freely organized, within the meaning of the first paragraph of article l. 3114-4, is found and the time in which the holder is, in the case of existence of such a request, to comply with the obligations arising from articles l. 3114-5 to L. 3114-7;
«3 ° the criteria for assessing the functional affiliation mentioned in 1 ° of article l. 3114-4;
'4 ° the conditions of implementation and verification of the requirement of keeping of own accounts provided for in article l. 3114-5 as well as the exceptions to this obligation;
'5 ° the requirements applicable to facilities for the development and implementation of access rules referred to in article l. 3114-6, including the tariff rules and those relating to the public procedure of allocation of unused capacity, in compliance with the principles set out in this article;
«6 ° the conditions of prior notification of the access rules laid down in article l. 3114-6. ''
"In its decision, the authority takes into account the different categories of accommodation according to their technical features and commercial, their level of attendance, or anything else which may affect competitive analysis, such as the nature of the traffic or the geographical location of the organisation.
«Art.» L. 3114 - 13.-I.-L' activities railway and road authority fixed the obligations applying to any person exercising control over the operation of facilities under article l. 3114-1 any operator of these arrangements or any provider of services to companies road public transport in these developments, exerting a significant influence on a sector of passenger transport market , within the meaning of article L. 3114-14.
"These obligations may consist of:" 1 ° the revision of access rules mentioned in article l. 3114-6 in accordance with the requirements laid down by the authority, particularly as regards compliance with the tariff rules defined by it or the denial of access to facilities or services are provided;
2 ° the improvement by means of measures targeted and proportionate, in particular organizational agenda, the effectiveness of the operation of the organisation in order to allow the maximum use of its capabilities;
«3 ° the cessation of practices intended to prevent access to one or several undertakings providing transport services to planning or some of its services, including limiting the number or size of its premises, equipment, or facilities in the absence of any reasonable economic justification, or even artificially maintaining a sub-optimal operation of development;
'4 ° the proposal, in the case of saturation of the organisation, of one or several alternatives outside the concerned development;
«5 ° the application of all or part of the obligations laid down in articles l. 3114-5 to l. 3114-7 or provisions laid down in the texts adopted for their application, the operator of a development or a provider of services to the public road transport companies in it;
«6 ° holding accounts specific for certain activities or the keeping of accounts verifying compliance with the obligations imposed on the title of this article; compliance with these requirements is then checked, at the expense of the operator, by an independent body.
"II. the obligations laid down in this section are established, maintained or deleted, taking into account the analysis of the market 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 appreciation of this character commensurate, the authority shall, inter alia, into account:" 1 ° the technical and economic viability of the operation, taking into account changes in the market conditions;
«2 ° interest focusing on public order, peace and public safety, capacity not used planning and configuration of roads and public spaces outside of it;
«3 ° the investments made by the owner of the resources;
«4 ° where appropriate, the specific characteristics of the public transport services.
«Art.» L. 3114-14.-for the purposes of article L. 3114-13, the authority of regulation of rail and road activities determines, with regard to the obstacles to the objective referred to in article l. 3114-8, and after receiving the opinion of the competition authority, markets in the passenger transport sector.
"After reviewing the State and foreseeable development of competition in these markets, the authority shall establish, after consultation with the competition authority, the list of reputable operators have a significant influence on each of these markets. '' Shall be deemed to have a significant influence on a sector of passenger transport market any operator which, taken individually or jointly with others, is in a position equivalent to a dominant position to behave independently with its competitors, its customers and consumers. In this case, the operator may also be deemed have a significant influence on another market closely related to the first.
«Section 4 ' implementing measures «Art»» L. 3114-15.-detailed rules for the application of this chapter are specified by Decree in Council of State, after notice of the authority of regulation of rail and road activities. » ;
3 ° section 4 of chapter V of title I of book I is repealed;
4 ° title I of book I is supplemented by a chapter VI as follows: ' chapter VI ' safety and sanctions "Section 1" research, finding and prosecution of offences «Art»»»»»» L. 3116-1.-the provisions of 1 °, 4 ° and 5 ° of the I and II of article l. 2241-1 and articles l. 2241-2 to l. 2241-7, except those of article l. 2241-5 are applicable to the services of public road transport of regular people and demand, including developments, where these services lay down and take care of the passengers.
«Section 2 "administrative Sanctions «Art»» L. 3116-2.-are punishable: «1 ° of an administrative fine which the amount cannot exceed €3,000 for a person physics and €15,000 for a corporation breaches of article 4, paragraph 1, article 8, articles 10 and 11, paragraphs 2 to 5, to articles 13 to 15, in article 16, paragraph 1, article 17, paragraphs 2 and 3. , and articles 19 to 21 and 24 to 27 of the Regulation (EU) No 181/2011 of the European Parliament and of the Council, February 16, 2011, concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004, which occurred under the conditions provided for in article L. 141 III - 1 of the consumer code.
«2 ° to a fine the amount of which may not exceed €9,000 for a person physics and €45 000 for a corporation breaches of article 4, paragraph 2, article 9 and article 11, paragraph 1, of the regulations of February 16, 2011, which were recognized under the conditions provided for in article L III. 141-1.»
"The administrative authority responsible for competition and Consumer Affairs is the competent authority to decide, under the conditions laid down in article L. 141-1-2 of the code, the administrative fines provided in this section.
«Section 3 "Criminal Sanctions «Art»» L. 3116-3.-the 2 ° and 5 ° of article l. 2242-4 and articles l. 2242-5 to l. 2242-7 are applicable to regular people road public transport services and demand, including developments, where these services lay down and take care of the passengers.
«Art.» L. 3116 - 4.-I.-is punishable by one year imprisonment and €15,000 fine because, for a driver of a vehicle of less than ten places running occasional services, breach of the 1 ° of article l. 3120-2 II.
«II. - physical persons convicted of the offence mentioned in the I also incur the following additional penalties: "1 ° suspension, for a maximum duration of five years, of driving licences;
«2 ° the fixed asset, for a maximum period of one year, of the vehicle that was used to commit the offence;
«3 ° the confiscation of the vehicle that was used to commit the offence.
«III.-corporations declared criminally liable, in accordance with article 121-2 of the penal code, the offence to the I incur, also the fine provided for in article 131-38 of the same code, the penalties to 8 ° and 9 ° of article 131-39 of this code. "» Section 4 "security".

«Art.» L. 3116-5.-a decree in Council of State determines the applicable rules including safety developments, where road transportation of regular people and demand deposit and take care of the passengers.
5 ° Book V is amended as follows: a) in article l. 3521-5, the words: "Section 3 of chapter I" shall be replaced by the words: "section 3 of chapter I, chapter IV as as it relates to bus stations and other facilities not covered by the public service ';
(b) article L 3531-1, the reference to article l. 3114-3 is replaced by the reference to article l. 3116-3;
(c) 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" shall be replaced by the words: "section 3 of chapter I, chapter IV in both as it relates to bus stations and other facilities not covered by the public service,".


Article 5 read more on this article...

The code of the Road landfill, as amended by article 13 of the above-mentioned law of August 6, 2015, is thus amended: 1 ° (A) the last sentence of the last paragraph of article L. 122 - 17, the words: "who can pronounce a sanction pursuant to article l. 2135-7 of the code of transportation" are deleted;
2 ° article L 122 - 30 is replaced by the following: «art.» L. 122-30.-General provisions relating to the administrative control of the regulatory authority of the rail and road activities as well as to administrative and penal sanctions contained in Title VI of book II of the first part of the code of transport are applicable to dealers of highways. » ;
3 ° in the second paragraph of article L. 122 - 32, the words: "to this end, the ' shall be replaced by the word: «The»
4 ° to the first paragraph of article L. 122 - 32, the words: 'sections 1 to 3 of chapter V of title III of book I of the second part of the code of transport' shall be replaced by the words: "sections 1 to 3 of chapter IV of title VI of book II of the first part of the code of transportation";
5 ° the articles L. 122 - 33 and L. 122 - 34 are repealed.


Article 6 read more on this article...

Article l. 1525-1 of the general code of local authorities is supplemented by three paragraphs thus worded: "catches of participation of local and regional authorities and their groupings in the mixed economy companies operating bus stations and within 1 ° above shall be subject to the following conditions:" 1 ° local authorities and their groupings hold separately more than 40% of the capital;
«2 ° local authorities and their groupings together hold more than 65% of the capital. ''


Article 7 read more on this article...

In III of article L. 752 - 2 of the commercial code, after the words: "train stations" shall be inserted the words: 'and roads '.


Article 8 more on this article...

Article L. 581 - 7 of the code of the environment after the words: "train stations" shall be inserted the words: 'and roads '.


Article 9 read more on this article...

Article L. 111 - 19 of the code of urbanism, after the words: 'the spaces landscaped outdoors,' shall be inserted the words: "surfaces facilities falling under article l. 3114-1 of the code of transport".


Article 10 more on this article...

In the first paragraph of V of article 15 of the above-mentioned law of August 7, 2015, the words: ' public road passenger terminal within the Department as defined in article 2 of order No. 45 - 2497 on 24 October 1945, on road passenger terminal» shall be replaced by the words: "bus stations or other facilities to facilitate the support or the removal of passengers from regular road transport services within the Department.


Article 11 read more on this article...

Order No. 45 - 2497 on 24 October 1945, on road passenger terminal is repealed.


Article 12 read more on this article...

I. - Before the first day of the third month following the date of entry into force of this order, the operators of the facilities under article l. 3114-1 of the code of transport, in the version resulting from article 4 of this order, exploited before this same date of entry into force, to comply with: 1 ° the obligation to declare laid down in article l. 3114-3 of the same code.
2 ° the obligation to enactment of new rules of access in accordance with article l. 3114-6 of the same code. during the transitional period prior to the entry into force of this order, the Treaty operator new applications access to the road haulage companies public in the respect of the principles defined in this article, the provisions of article l. 3114-7 of the code and, where appropriate, decisions taken by the regulatory authority of the activities rail and road pursuant to section 3 of chapter IV of title I of book I of part III of the same code.
II. - Before the first day of the third month following the date of entry into force of this order, the regulation of rail and road activities publishes the register provided for in article L. 3114-10 of the code.


Article 13 read more on this article...

The Prime Minister, the Minister of ecology, sustainable development and energy and the Minister of economy, industry and digital are responsible, each in relation to the application of this order, which will be published in the Official Journal of the French Republic.


Is January 29, 2016.
François Hollande by the President of the Republic: Prime Minister Manuel Valls the Minister of economy, industry and the digital, Emmanuel Macron Minister of ecology, sustainable development and energy, Ségolène Royal

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