Key Benefits:
The National Assembly and the Senate have adopted,
The President of the Republic enacts the following:
As from 1 January 2006, it is hereby established that a public institution of the State shall be named " Public railway safety establishment ".
This public institution shall ensure compliance with the rules relating to Safety and interoperability of rail transport on the national rail network and other rail networks with comparable operating characteristics, the list of which is fixed by decree. In particular, it is responsible for issuing the authorisations required for the exercise of railway operations and for monitoring and monitoring them.
I. -The Public Railway Safety Establishment shall be administered by a Board of Directors consisting of half of the State and half of a Member, a Senator, appointed Respectively by the President of the National Assembly and the President of the Senate, qualified persons because of their competence in the fields covered by the tasks of the public establishment and of representatives of the staff. The Administrative Board shall elect its chairman from among its members.
The public institution shall be headed by a Director General appointed by decree.
The authorisations referred to in the second subparagraph of Article 1 shall be issued by the Director General.
II. -The public establishment may employ staff under the conditions laid down by the Labour
. -The Director-General of the public establishment authorises the officials responsible for monitoring the application of the technical and safety regulations for railway transport, to gather information necessary for the exercise of the tasks of The public establishment defined in the second subparagraph of Article 1 and the communication of any supporting evidence. Such agents shall be subject to professional secrecy.
Apart from the cases referred to in Article 26 (3) of Law No. 82-1153 of 30 December 1982 on the orientation of inland transport, these agents shall have access between eight hours and twenty hours, or outside these Hours when access to the public is permitted or when a professional activity is in progress, to the premises, places, installations and transport equipment, excluding the homes and part of the premises serving the residence, in which The purpose of applying the provisions they control. They may be assisted by experts from outside the public institution designated by the Director General and carry out joint inspections with agents belonging to the services of the State or its public establishments. Where such access is denied to them, authorised officials may enter only on the authorisation of the President of the High Court in whose jurisdiction the premises, premises, facilities or equipment are established, or of the judge delegated by
The resources of the Public Railway Safety Facility are constituted by:
1 ° A security right due, effective January 1, 2006, by railway undertakings using the networks Mentioned in the second subparagraph of Article 1. The amount of this right shall be fixed by the Ministers responsible for transport and the budget on the proposal of the board of directors of the public institution. This right includes, as the case may be:
-a percentage of the amount of the fee for the use of the national rail network paid to Réseau ferré de France within the limit of the hundredth of this amount and 20 cents per kilometre travelled;
-one In proportion to the number of kilometres travelled on railway networks with operating characteristics comparable to those of the national rail network, within the limit of 10 euro cents per kilometre
. Companies declare each quarter the amount of royalties paid to Réseau ferré de France and the number of kilometres driven by their equipment on the national rail network and on other railway networks with characteristics Of comparable exploitation. This declaration, together with the payment of the right, shall be addressed to the accounting officer of the public institution.
This right shall be recognised and recovered within the time limits and under the applicable guarantees and penalties in respect of turnover taxes ;
2 ° The grants of the State or any other public or private person;
3 ° Royalties which the public institution collects on the occasion of the appraisal of the applications for authorisations mentioned in the second subparagraph of Article 1, other Those aimed at obtaining the quality of a railway undertaking;
4 ° Donations, bequests, transfer products and various competitions.
The rules for the application of Articles 1 to 3 shall be laid down by decree in the Council of State. It lays down in particular the composition and operating rules of the institutions of the establishment, its administrative and financial system and the procedures for the exercise of State control. This decree also determines the conditions of employment by the public establishment of agents of the Régie Autonien des transports parisiens and of the Société nationale des chemins de fer français, which include the right to remain affiliated with the Their pension plan in their home institution and their right to promotion.
Law No. 82-1153 of 30 December 1982, as amended:
1 ° In the first sentence of the first paragraph of Article 13-1, after the words: " Before the state ", are inserted the words:" Or the Public Railway Safety Establishment " And, after The words: " To the representative of the State, ' shall be inserted the words: ' Or the Director General of the Public Railway Safety Establishment " ;
2 ° In the second sentence of the second paragraph of Article 13-1, after the words: " The state ", are Inserted the words: " Or the Public Railway Safety Establishment " ;
3 ° In the third paragraph of Article 13-1, after the words: " The authority of the competent State " shall be inserted in the words: Or the Director of the Public Establishment of Rail safety " ;
4 ° The heading of Section 2 of Chapter I of Title II reads as follows: Interoperability of the rail system " ;
5 ° In the first sentence of the first paragraph of Article 26, the word " Trans-European " Is deleted;
6 ° In the first paragraph of Article 26-1, the words: " The minister responsible for transport may, by order, " Are replaced by the words: " The Director General of the Public Railway Safety Establishment may " ;
7 ° In the third paragraph of Article 26-1, the words: The Minister may " Are replaced by the words: " The Minister responsible for transport or the Director General of the Public Railway Safety Establishment may " ;
8 ° In the first Article 26-2, after the words: " The agents of the State "shall be inserted the words:" , those of the Public Railway Safety Establishment " ;
9 ° In the first paragraph of Article 26-4, the words: " Any document " Are replaced by The words: " Any supporting elements ".
I. -Title III of the book Ier of the Code of Civil Aviation is supplemented by a Chapter III so drafted:
"Chapter III
" Traffic Police Aircraft
" Art. L. 133-1. -Are subject to the control of the Minister responsible for civil aviation the aircraft and other products, parts and appliances, as well as the bodies and persons subject to the technical safety and security requirements laid down in this book, By Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, or Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European
. The Minister responsible for civil aviation may subject to authorisation such aircraft, products, Parts and equipment prior to their use as well as these bodies and persons prior to the exercise of their activities.
" Art. L. 133-2. -The Minister responsible for civil aviation may submit to inspections any aircraft on a French aerodrome to ensure compliance with the safety and security standards applicable to them, be they French, Or taken pursuant to the Convention on International Civil Aviation, signed at Chicago on 7 December 1944
Art. L. 133-3. -When the exercise of the activities or the operation of the aircraft, products or equipment referred to in Articles L. 133-1 and L. 133-2 presents particular risks to the safety of goods and persons, the Minister responsible for aviation Civil can:
" (a) Prescribe corrective or restrictive operating measures;
" (b) In the case of immediate risk, order the total or partial prohibition of the exercise of the activities or the use of the goods or materials ;
" (c) Proceed with ground immobilization of an aircraft until the security risk has been eliminated;
" (d) Subordinate certain conditions or prohibit the activity in France of one or more aircraft operators in a country Third parties within the meaning of Article 2 of Directive 2004 /36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community
. The authorisations referred to in Article L. 133-1 can be removed when the incumbent's work methods, behavior, or hardware creates a security risk.
" Art. L. 133-4. -Officials of the State, as well as the bodies or persons entrusted to the Minister responsible for civil aviation for the purpose of carrying out the control missions on the ground and on board aircraft shall have access at all times to aircraft, to land, to premises at Professional use and facilities where controlled activities are carried out. They also have access to documents of any kind relating to the operations for which control is exercised.
" Art. L. 133-5. -A decree of the Council of State shall lay down the rules for the application of this Chapter. "
II. -The first paragraph of Article L. 330-6 of the Code is supplemented by the following words: Under the same conditions as in Articles L. 133-1, L. 133-3 and L. 133-4 ".
III. -Article L. 410-5 of the Code is supplemented by a paragraph worded as follows: '
' Such bodies, centres of expertise and such persons shall be subject to the control of the Minister responsible for civil aviation under the same conditions as those provided for in the L. 133-1, L. 133-3 and L. 133-4. "
IV. -The provisions of this Article shall apply to Mayotte, Wallis and Futuna Islands, French Polynesia and New Caledonia.
I. -The title of Book VII of the Civil Aviation Code reads as follows: Technical Survey of Accidents and Incidents. -Information protection ".
II. Article L. 722-2 of the Code reads as follows: '
' Art. L. 722-2. -Any natural or legal person who, in the course of an activity governed by this Code, is aware of an accident or civil aviation incident shall be required to report promptly to the permanent body, to the Minister responsible for Civil aviation or, where appropriate, its employer in accordance with the procedure laid down by decree in the Council of
. The same obligation applies to the knowledge of an event within the meaning of Article 2 of Parliament Directive 2003 /42/EC European and Council of 13 June 2003 concerning the reporting of events in civil aviation. "
III. -Chapter II of Title II of Book VII of the same Code is supplemented by two Articles L. 722-3 and L. 722-4 thus written:
" Art. L. 722-3. -No administrative, disciplinary or professional sanction may be imposed on a person who has accounted for an accident or civil aviation incident or an event within the meaning of Article 2 of Parliament Directive 2003 /42/EC The European Commission and the Council of 13 June 2003 referred to in Article L. 722-2, whether or not it was involved in the accident, incident or event, unless it has itself been guilty of a deliberate or repeated failure to fulfil its obligations To security policy.
" Art. L. 722-4. -The Minister responsible for civil aviation shall publish at least once a year a report on safety, containing information on the types of accidents, incidents and events identified. "
IV. -The single chapter of Title III of Book VII of the same Code is supplemented by two Articles L. 731-4 and L. 731-5 thus written:
" Art. L. 731-4. -Title I of Law n ° 78-753 of 17 July 1978 carrying out various measures to improve relations between the administration and the public, and various administrative, social and tax provisions shall not apply to the documents collected For the preparation of the report referred to in Article L. 731-3, or the reports of accidents, incidents or events within the meaning of Article 2 of Directive 2003 /42/EC of the European Parliament and of the Council of 13 June 2003, and the Related documents and reports containing the safety information on third country aircraft referred to in Article L. 133-2, or the reports of inspections carried out on those same aircraft and any documents relating thereto, Established by the Minister responsible for civil aviation or received from other Member States of the European Community or parties to the European Economic Area. Without prejudice to the respect of secrets protected by law, their dissemination and use shall be limited to what is necessary for the improvement of security.
" Art. L. 731-5. -The Minister responsible for civil aviation publishes each year the corrective measures it implements as a result of the safety recommendations issued by the permanent body. It justifies any departure from these recommendations. "
V. In Article L. 741-1 of the same code, the words: Not to bring it to the attention of the administrative authorities' Are replaced by the words: " Not to be accounted for under the conditions laid down in the first paragraph of Article L. 722-2 ".
VI. -The provisions of this Article shall apply to Mayotte, Wallis and Futuna Islands, French Polynesia and New Caledonia.
I. -After Article L. 147-7 of the urban planning code, Article L. 147-7-1 reads as follows: '
' Art. L. 147-7-1. -From the publication of the administrative act concerning the revision of a noise exposure plan, the administrative authority may decide to apply the provisions of Article L. 147-5 concerning Area C, for the duration of the procedure Revision, in the communes and parts of communes included within the scope of a noise disturbance plan instituted under Article L. 571-15 of the Environment Code, but not included within the scope of zones A, B and C of the exposure plan To noise until then in effect.
" The provisions of this Article shall not apply to aerodromes whose number of attributable slots is subject to a regulatory limitation on the set of open time slots. "
II. -The provisions of this Article shall apply to procedures for the revision of a noise exposure plan on the date of entry into force of this Law.
I. -ratified Order No. 2005-863 dated 28 July 2005 on the safety of flights and the safety of the operation of aerodromes.
II. -The I of Article L. 282-8 of the Civil Aviation Code is thus amended:
1 ° The first subparagraph is supplemented by the following words: , or out of them " ;
2 ° The penultimate paragraph is thus written:
" Approvals provided for in the previous Paragraph shall be refused or withdrawn where the character of the person or his conduct fails to provide the requisite guarantees for the safety of the State, public safety, security of persons, public order or are Incompatible with the exercise of the aforementioned missions.
After item L. 118-4 of the road road code, a Article L. 118-5 is inserted as follows: '
' Art. L. 118-5. -For each tunnel of more than 500 metres located on the trans-European road network, the owner of the structure shall, after the agreement of the representative of the State, designate a security officer who shall coordinate the prevention and safeguard measures to ensure the Safety of users and operating personnel. The functional autonomy of the security officer is guaranteed for the exercise of his or her duties.
" The master of the work shall transmit to the representative of the State, to the security officer and to the services of intervention the records of incident or Accident and investigation reports.
" Derogations from the safety requirements applicable to these works shall be subject to consultation by the European Commission. This consultation shall suspend the period provided for in the second subparagraph of Article L. 118-1.
" A decree of the Council of State shall lay down the conditions for the application of this Article, in particular the list of tunnels to which it applies.
I. -Articles I and II of Article L. 317-5 of the code for the route read:
" I.-The fact for a professional to manufacture, import, export, display, offer, offer for sale, sell, offer to rent or induce to buy or use a Having the object of exceeding the prescribed limits for speed, displacement or maximum engine power of a moped, a motorcycle or a motor quadricycle shall be punishable by two years' imprisonment and 30 000 fine.
" II. -The fact for a professional to carry out, on a moped, a motorcycle or a motor quadricycle, changes having the effect of exceeding the prescribed limits of speed, displacement or maximum power The engine is subject to the same penalties. "
II. -After 2 ° of article L. 317-7 of the same code, it shall be inserted a 3 ° thus written:
" 3 ° The prohibition, in accordance with the procedure laid down in Article 131-27 of the Criminal Code, to engage in professional or social activity in the exercise or The occasion of the exercise of which the offence was committed, for a period of not more than five years. "
III. -In Chapter I of Title II of Book III of the same Code, four Articles L. 321-1 to L. 321-4 are inserted as
: Art. L. 321-1. -Import, expose, offer, offer for sale, sell, offer for rental or induce to buy or use a moped, a motorcycle or a motor quadricycle that has not been received or is no longer It is punishable by two years' imprisonment and a fine of 30 000. The vehicle can be entered.
" A decree shall determine the conditions under which the provisions of this Article may be waived for any vehicle intended to participate in a sporting event or
. Art. L. 321-2. -The attempt to commit the offences set out in Article L. 321-1 shall be punishable by the same
. Art. L. 321-3. -Natural persons guilty of the offences provided for in Article L. 321-1 shall also be liable to the following additional
: 1 ° The suspension, for a period of not more than three years, of the driving licence;
" 2 ° Confiscation The thing that served or was intended to commit the offence, or the thing that is the product of it;
" 3 ° The prohibition, in accordance with the procedure laid down in Article 131-27 of the Criminal Code, to engage in professional or social activity in The year in which the offence was committed, for a period of not more than five years.
" Art. L. 321-4. -Legal persons may be declared criminally responsible, under the conditions laid down in Article 121 (2) of the Criminal Code, for the offences defined in Article L. 321-1 of this Code. The penalties for legal persons are:
" 1 ° The fine, as provided for in Article 131-38 of the Penal Code;
" 2. The penalties mentioned in the 4 °, 5 °, 6 °, 8 ° and 9 ° of Article 131-39 of the same Code. "
IV. -Article L. 325-6 of the same code is thus amended:
1 ° In the first subparagraph, after the word: Security ", are inserted words:" Or are no longer in accordance with their receipt ", and are added the words:" To their rehabilitation or Compliance " ;
2 ° In the third paragraph, after the word: " Security ", are inserted words:" Or that it requires compliance with the receipt ".
V. The provisions of this Article shall apply to Mayotte.
I. -1. In the first paragraph of Article L. 325-1-1 of the road code, after the words: " An offence ' shall be inserted the words: ' Or a fifth class ticket ".
2. The last paragraph of Article L. 325-1-1 is deleted.
II. -In the first paragraph of Article L. 325-2 of the Code, the words: Article L. 325-1 " Are replaced by the words: " Articles L. 325-1 and L. 325-1-1 ".
III. -In the first paragraph of Article L. 325-3 of the Code, the references: L. 325-1 and L. 325-2 " Are replaced by references: " L. 325-1 to L. 325-2 ".
IV. -Article L. 224-5 of the Code is repealed, and it is inserted in the same code a Article L. 325-3-1 thus written:
" Art. L. 325-3-1. -I.-The fact, for every driver of a vehicle, to obstruct the immobilization of the vehicle or to a consignment order shall be punishable by three months' imprisonment and a fine of 3,750
. II. -Any natural person guilty of this offence also incurs the following additional penalties:
" 1. The suspension, for a period of not more than three years, of the driving licence, which may be limited to driving outside of the Business activity;
" 2. The penalty of work of general interest in accordance with the procedure laid down in Article 131-8 of the Criminal Code and in accordance with the conditions laid down in Articles 131-22 to 131-24 of the same Code and in Article 20-5 of the Order No. 45-174 of February 2, 1945 on childhood offender;
" 3 ° Fines-fines under the conditions set out in Articles 131-5 and 131-25 of the Penal
. III. -This offence gives rise to the right to a reduction of half the maximum number of points in the driver's licence. "
V. At the beginning of article L. 130-6 of the same code, the words:" The offences set out in Articles L. 224-5, L. 233-2, L. 317-1 and L. 413-1 " Are replaced by the words: " The offences provided for in Articles L. 233-2, L. 317-1, L. 325-3-1 and L. 413-1 ".
VI. -1. At the beginning of the fourth paragraph of Article L. 344-1 of the Code, the words: In the event of a finding of an offence under this Code or the Penal Code for which " Are replaced by the words: " In the event of a finding of an offence or Contrary to the fifth class provided for in this Code or the Penal Code for which ".
2. In the seventh preambular paragraph of article L. 344-1, the words " Article L. 325-1 " Are replaced by the words: " Articles L. 325-1 and L. 325-1-1 ".
VII. -The provisions of I to V shall apply to Mayotte.
The I of Article L. 330-2 of the road code shall be supplemented by A 9 ° and 10 ° thus written:
" 9 ° To foreign authorities outside the European Union and the European Economic Area with which there is an agreement to exchange information relating to the identification of the holder of the certificate Registration;
" 10 ° To the services responsible for registration of the Member States of the European Union and to the other States party to the agreement on the European Economic Area, under the provisions providing for an exchange Information relating to the registration of a vehicle previously registered in another of these States, or for the enforcement of vehicle crime and having cross-border implications. "
Articles L. 311-5, L. 311-6 and L. 311-7 of the Consumer Code are supplemented by the same paragraph :
" These provisions shall not apply to loans assisted by the State for the financing of training in driving and road safety. "
Subject to the general provisions governing non-state agents of the State, the conditions of remuneration, Promotion and promotion of road and highway technical studies officers are determined by the Minister responsible for the equipment. These agents do not benefit from the residence allowance or from an increase in their remuneration corresponding to the integration of a share of this allowance in the treatment of certain categories of civil or military personnel of the State.
Interest Bundles Public with legal personality and financial autonomy, comprising at least one French legal person under public law, may be constituted between legal persons, whether French or not, to exercise together for a period of time Activities in the field of maritime safety or maritime transport, as well as the creation or management of all the equipment, personnel or common services necessary for such activities
Articles L. 341-2 to L. 341-4 of the Research Code shall apply to such public interest groups. However, the directors of these groups shall be appointed after the advice of the Minister responsible for transport.
I. -1. Training in the conduct of motorized pleasure craft at sea and inland waters may be provided only within the framework of a training establishment approved for that purpose by the administrative authority. The training shall be carried out under the responsibility of the legal representative of the institution.
This training shall be in accordance with the programmes defined by the administrative authority which controls the application.
The conditions and terms of This training is the subject of a written contract between the applicant and the institution.
2. No person shall, on an individual basis, operate one of the institutions mentioned in 1, or be a leader or a manager of law or fact, if he or she does not meet the following conditions:
1 ° Fail to be convicted:
-or sentence Criminal;
-a sentence imposed for an offence listed by decree in the Council of State;
-or a sentence provided for in Article L. 625-8 of the Commercial Code for the duration of the sentence imposed ;
2 ° Justify the ability to manage a training establishment in the conduct of motorized pleasure craft at sea and inland waters;
3 ° Fill in the age and professional qualifications established by road Regulatory.
II. -1. Any person engaged in the conduct of motor pleasure craft at sea and inland waters shall be declared by the registered establishment in which it carries out such training to the administrative authority which issued the approval. The legal representative of an institution mentioned in 1 of the I may also perform the duties of a trainer, subject to reporting and meeting the conditions required to be a trainer.
Authorization to teach is Issued by the administrative authority to which the trainer has been declared.
The trainer evaluates all or part of the training received by the student. This assessment is made under the responsibility of the legal representative of the institution.
2. No person shall train motor pleasure craft at sea and inland waters if he or she does not meet the following conditions:
1 ° Fail to be convicted:
-or a criminal penalty;
-either Sentence imposed for an offence on a list laid down by decree in the Council of State;
2 ° Be the holder of a licence to operate motor pleasure craft at sea and inland waters whose list is fixed By decree in the Council of State;
3 ° Meeting the conditions of age, seniority of the licence to operate pleasure craft, qualification and professional experience, fixed by decree in Council of State.
III. -1. The provision of training in the conduct of motor pleasure craft at sea and inland waters without the approval provided for in the I or in violation of a provisional suspension measure shall be punished by one year Imprisonment and a fine of EUR 15 000. In application of the II, the same penalties shall be imposed for employing a trainer who does not hold a valid teaching authorization.
2. Physical persons who are guilty of one of the offences set out in 1 shall also be liable to the following additional penalties:
1 ° The final closure or for a period of five years at most one, several or all of the Establishments of the enterprise belonging to the sentenced person;
2 ° The prohibition on the exercise of professional or social activity in the financial year or in the exercise of which the offence was committed, under the conditions laid down By article 131-27 of the Penal Code;
3 ° The posting or dissemination of the decision, under the conditions laid down in article 131-35 of the same code;
4 ° The confiscation of the thing that served or was intended to commit The offence or thing that is the product of the offence.
3. Legal persons may be declared criminally liable, under the conditions laid down in Article 121 (2) of the Criminal Code, for the offences provided for in 1.
The penalties incurred by legal persons are:
1 ° The fine, in the Conditions laid down in Article 131-38 of the Penal Code;
2 ° The final closure or for a period of five years at most one, several or all establishments belonging to the sentenced legal person;
3 ° The prohibition To engage in professional or social activity in the exercise or in the exercise of which the offence was committed, under the conditions laid down in Article 131-39 of the Criminal Code;
4 ° The posting or dissemination of the decision Under the conditions set out in article 131-35 of the same code;
5 ° Confiscation of the thing that served or was intended to commit the offence or the thing that is the product thereof.
4. In application of the II, training in the conduct of motorized pleasure craft at sea and inland waters without authorization to teach in the course of validity is punishable by one year's imprisonment and a fine of 15 000 EUR.
5. Physical persons who are guilty of the offence provided for in the 4 also incur the following additional penalties:
1 ° The prohibition on the exercise of professional or social activity in the financial year or in the exercise of which The offence has been committed, under the conditions laid down in Article 131-27 of the Criminal Code;
2 ° The posting or dissemination of the judgment delivered under the conditions laid down in Article 131-35 of the same Code;
3 ° Confiscation of the thing Who served or was intended to commit the offence or the thing that is the product of it.
IV. -I, II and III shall apply to existing training institutions at the end of a period and in accordance with rules laid down by decree in the Council of State. This period shall not exceed two years after the promulgation of this Law.
Trainers in establishments which have obtained a licence under the conditions referred to in the preceding paragraph shall comply with all the conditions of 2
conditions for the application of this Article shall be laid down by decree in the Council of State
In the first sentence of I of Article 14 of Law No. 2002-3 of 3 January 2002 on the safety of infrastructure and transport systems, technical investigations after sea-event, accident or incident of land or air transport and the underground storage of natural gas, hydrocarbons and Chemicals, words: " The minister responsible for transport may decide " Are replaced by the words: " It can be decided ".
I. -Article 18 of Law No. 82-1153 of 30 December 1982, as of March 31, 2006:
1 ° In the third paragraph, after the words: " Rail transport services' shall be inserted as follows: ' Of travellers " ;
2 ° After Third paragraph, it shall be inserted a paragraph worded as follows:
" -to operate other rail transport services, including international services; '
3 ° In the fourth paragraph, the words' Same principles " Are replaced by the words: " Public service principles ".
II. -Section 21-2 of the Act is repealed.
Subject to res judiced court decisions and Proceedings in progress, the deliberations taken since 16 May 2001 by the Board of Directors of the public institution " French rail network " Are validated as their legality would be challenged on the grounds that the board of directors Which adopted them did not include a representative of consumers or users designated pursuant to the provisions of Article 5 of Law No. 83-675 of 26 July 1983 on the democratisation of the public sector and was subsequently Irregularly composed.
Before the last paragraph of Article 1 of Article 1 of Order No. 59-151 of 7 January 1959 concerning the organisation of passenger transport in Ile-de-France, two sub-paragraphs are inserted as
: -the An increase in the contributions of members other than the Ile-de-France region above the average rate of change in the initial budget of the year's union plus a rate of two points.
" However, a qualified majority is not required when the increase in contributions is made necessary to balance the union's budget following an unexpected drop in the proceeds of the payment of the transport, from the proceeds of the police fines Or royalties collected.
I. -Article 1 of Act No. 97-135 of 13 February 1997 on the establishment of the public establishment " French rail network " For the renewal of rail transport is thus amended:
1 ° The second paragraph is deleted;
2 ° The last paragraph Paragraph reads as follows:
" The decree provided for in the preceding paragraph shall determine the terms and conditions under which Réseau ferré de France shall exercise the control of the work of investment operations on the national railway network or entrust it to a third party. This same decree determines the conditions under which, by way of derogation from the law n ° 85-704 of 12 July 1985 on the control of public works and its relations with the control of private work, the terms of reference for the control of works relating to Sets of operations are entrusted to the Société nationale des chemins de fer français. It also determines the conditions under which, by way of derogation from Act No. 85-704 of 12 July 1985 referred to above, Réseau ferré de France entruses to the Société Nationale des Chemins de France the mandates for the control of Works in operation, and for which the latter would be entrusted with tasks under the control of works or the carrying out of works. " ;
3 ° This paragraph is added as follows:
" No later than 31 December 2008 and every two years, the Government shall submit to Parliament a report on the development of relations between the French rail network and the manager Of delegated infrastructure. "
II. -After Article 1 of the same Law, two Articles 1-1 and 1-2 shall be inserted as
: Art. 1er-1. -Except as provided for in Article 1er-2, Réseau ferré de France may use, for infrastructure projects of national or international interest intended to be incorporated into the national railway network, a partnership agreement concluded on The basis of the provisions of Order No. 2004-559 of 17 June 2004 on partnership contracts or a public service delegation agreement provided for in Articles 38 et seq. Of Law No. 93-122 of 29 January 1993 on the Prevention of corruption and transparency of economic life and public procedures. The contract or agreement may relate to the construction, maintenance and operation of all or part of the infrastructure, excluding traffic and traffic management, as well as the operation and maintenance of the installations of Security which remains governed by the second subparagraph of Article 1. The contract or agreement contains stipulations such as to ensure the safety and continuity of the public service. A decree of the Council of State shall specify the procedures for the application of this Article, in particular the manner in which the above missions are guaranteed to be consistent with those of the Société nationale des chemins de fer français Réseau ferré de France, including the terms and conditions of remuneration of the co-contractor or the collection thereof by the latter of charges related to the use of the new
. Art. 1er-2. -The State may make direct use of the contract or convention referred to in Article 1-1 under the same conditions and for the same object. In this case, it may ask the Réseau ferré de France to assist it in any technical, administrative, legal or financial mission affecting the conclusion or performance of the contract or convention. The relations between the State and the Réseau ferré de France are not governed by Act No. 85-704 of 12 July 1985 on the control of public works and its relations with the control of private work. They are defined by a specification. A decree of the Council of State shall specify the procedures for the application of this Article. "
III. -In the second sentence of the second paragraph of Article 11 of the same Law, the word " Fourth " Is replaced by the word: " Third ".
IV. -In the first paragraph of Article 16 of the same Law, the word " Fourth " Is replaced by the word: " Third ".
V.-By way of derogation from the provisions of Article 1 of Ordinance No. 59-151 of 7 January 1959 referred to above, an order in Council of State defines the arrangements for the establishment by the State of a direct rail link dedicated to the carriage of passengers between the airport of Roissy-Charles-de-Gaulle and Paris
The designation of the operators, the general conditions for financing, carrying out and operating the link and the tariff rules specific to it, the operation of the transport service itself being carried out under the conditions Provided for in Article 18 of Law No. 82-1153 of 30 December 1982. It provides that the mission entrusted to the counterparty in the framework provided for in Article 1 (2) of Act No. 97-135 of 13 February 1997 may be extended to the responsibility for the organisation and operation of the whole service rendered to the Passenger on the link
I. -To In the beginning of Article 24 of Act No. 95-96 of 1 February 1995 concerning unfair terms and the presentation of contracts and governing various economic and commercial activities, is inserted: I ".
II. -After the fourth paragraph of Article 24, a paragraph shall be inserted as follows: '
' -fuel charges necessary for carrying out the transport operation. "
III. -In the fifth preambular paragraph of Article 24, the words: Of this Article " Are replaced by the words: " Of this I ".
IV. -The same Article 24 shall be supplemented by the following II to IV:
" II. -Where the contract of carriage refers to the fuel charges chosen for the pricing of the transport operation, the originally agreed transport price shall be revised in full right to take into account the variation in charges Relating to the variation in the cost of fuel between the contract date and the date of completion of the transport operation. The invoice shows the fuel charges incurred by the company for performing the transport operation.
" III. -In the absence of contractual stipulations identifying the fuel loads under the conditions defined in II, these shall be determined, on the day of the transport order, by reference to the price of diesel published by the National Road Committee and to the The share of fuel charges in the transport price, as set out in the synthetic indices of the National Road Committee. The price of transport initially agreed shall be revised in full by applying to the fuel charges the variation of the diesel index published by the National Road Committee on the period from the date of the order of the transport operation to Its completion date. The invoice shows the fuel charges incurred by the company for performing the transport operation.
" IV. -The provisions of II and III shall apply to contracts of transport commission for the part relating to the organisation of road transport of goods. "
I. -In the second sentence of the third paragraph of Article 36 of Act No. 82-1153 of 30 December 1982, The words: " Vehicles of at least two axles " Are replaced by the words: " Motorized vehicles ".
II. -The provisions of the I shall apply from 1 January 2007.
In the first subparagraph of Article L. 611-4 of the Job code, words: " By automobile " Are replaced by the words: " By motor vehicles ".
After the eighth paragraph of Article L. 441-6 of the Commercial Code, a paragraph shall be inserted as
: Unlike the provisions of the preceding paragraph, for the road transport of goods, for the rental of vehicles with or Without drivers, for the Committee on Transport and for the activities of freight forwarders, maritime agents and air freight brokers, freight brokers and customs agents, the agreed payment periods shall in no case exceed thirty Days from the date of issue of the invoice. "
After Article 285 sexies of the Customs Code, an article 285 septies reads as follows:
" Art. 285 septies. -On an experimental basis, in the Alsace region and for a period of five years, commercial vehicles whose total laden weight is equal to or greater than 12 tonnes may be submitted, when travelling on routes or portions of roads of use Free of charge in the vicinity of toll motorway axes located or not on French territory, to a non-deductible tax, the amount of which is between 0.001 and 0.015 EUR per tonne and per kilometre
This tax is collected for the benefit of the community Owner of the road. It is decided by decree in the Council of State where the road belongs to the public domain of the State and by the deliberative body of the territorial community when the road belongs to the public domain of a county or commune.
" She is Paid by the owner of the vehicle or, if the vehicle is the subject of a lease or lease contract, by the lessee.
" The tax shall be levied at each passage on the tracks concerned or on a monthly basis by The services of the Directorate-General for Customs and Indirect Rights on the basis of the mileage statements provided by the carriers. It is recovered under the same rules and under the same guarantees, sanctions and privileges as in the field of customs duties. Offences shall be recorded and reprimed, and the proceedings shall be heard and tried in accordance with the provisions of this
. A decree of the Council of State shall specify the conditions for the application of this Article and shall determine the conditions in That an evaluation will be conducted at the end of the experimental period.
The penultimate paragraph of Article L. 213-11 of the Education Code is supplemented by the following words: , so that full compensation is provided for the means necessary for the exercise of the transferred competence "
The first sentence of the second subparagraph of Article 35 of the Code The river public domain and inland navigation is thus written:
" On watercourses, stream sections, canals, lakes and water bodies and inland ports owned or entrusted in management to a territorial community or Group, the levy is collected for its own benefit. "
In the last paragraph of III of Article 124 of the Finance Law for 1991 (No. 90-1168 of 29 December 1990), after The words: " Of their river public domain ", shall be inserted the words: Or the river public domain of which they are managed ".
I. -At the beginning of Article 1896-6 of the code of the river public domain and inland navigation, it shall be inserted: I. - ".
II. -The first paragraph of Article 1896-6 is supplemented by the following sentence:
" The price of transport includes the fuel charges necessary for carrying out the transport. "
III. -The same Article 189-6 is supplemented by the following II to IV:
" II. -Where the contract of carriage refers to the fuel charges chosen for the pricing of the transport operation, the originally agreed transport price shall be revised as of right to take into account the variation in the costs of transport. Fuel related to the change in the price of fuel between the date of the contract and the date of completion of the transport operation. The invoice shows the fuel charges incurred by the company for performing the transport operation.
" III. -In the absence of an agreement between the parties on the terms of the revision made in accordance with II, the price of the originally agreed transport shall be revised in full by applying to the fuel charges laid down in the contract the variation of The consumer price index for heating oil published by the National Institute of Statistics and Economic Studies for the period from the date of the order of the transport operation to its date of
. IV. -In the absence of contractual stipulations identifying the fuel loads under the conditions defined in II, these shall be determined on the day of the order by reference to the average share of the fuel charges in the price A transport operation. The price of the originally agreed transport shall be revised in full right by applying to the fuel charges thus identified the variation of the index referred to in III over the period from the date of order of the transport operation to its date of Realization. The invoice shows the fuel charges incurred by the company in carrying out the transport operation. A decree specifies the procedure for determining the average share of the fuel costs involved in the pricing of a transport
. The provisions of this Article shall apply to the contracts of the Transport for the part relating to the organisation of inland waterway transport of goods. "
The II of Article 210 of the river public domain and inland navigation code is thus modified:
1 ° After the word: " Company ", are inserted the words:" Non-resident " ;
2 ° Added words: " Or more than one hundred and thirty-five days over a twelve month period ".
After section 224 of the river public domain code and inland navigation, are inserted two sections 224-1 and 224-2 thus written:
" Art. 224-1. -Inland waterways of France may use, for infrastructure projects intended to be incorporated into the river system, and for the renovation or construction of all works allowing navigation, a partnership agreement concluded On the basis of the provisions of Order No. 2004-559 of 17 June 2004 on partnership contracts or a public service delegation agreement provided for in Articles 38 et seq. Of Law No. 93-122 of 29 January 1993 on the Prevention of corruption and transparency of economic life and public procedures. The contract or agreement may relate to the construction, maintenance and operation of all or part of the associated infrastructure and equipment, in particular port and multimodal platforms and production facilities Of electrical energy, and traffic management to the exclusion of the navigation police. The contract or agreement contains stipulations such as to ensure the safety and continuity of the public service.
" Art. 224-2. -The State, when resorting to a contract or convention referred to in Article L. 224-1, may apply to the Inland Waterways of France to assist it in any technical, administrative, legal or financial mission affecting the Conclusion or performance of the contract or agreement. The relations between the State and the Inland Waterways of France are not governed by Act No. 85-704 of 12 July 1985 on the control of public works and its relations with the control of private work. They are defined by a specification. A decree of the Council of State shall specify the procedures for the application of this Article. "
Is approved the fifth amendment to the Convention dated May 20, 1923, between the Minister of Public Works And the City of Strasbourg on the constitution of the Rhine port of Strasbourg in autonomous port and in the execution of the extension work of this port
I. -By way of derogation from Articles L. 2253-1, L. 3231-6, L. 4211-1 and L. 5111-4 of the General Code of Territorial Communities, Territorial authorities and their groupings may take stakes in companies primarily engaged in the commercial exploitation of one or more ports referred to in Article 30 of Law No. 2004-809 of 13 August 2004 on local freedoms and responsibilities when at least one of them is within their geographical
. -Within three years of the publication of this Law, the territorial authority owning a port referred to in Article 30 of Act No. 2004-809 of 13 August 2004 may, at the request of the port concessionaire, Authorize the transfer or contribution of the grant to a port company whose initial capital is wholly owned by public persons, including the Chamber of Commerce and Industry in the geographical jurisdiction of which the port is located. A new concession contract shall then be established between the territorial community and the port company for a period not exceeding forty years. This contract specifies, in particular, the commitments made by the port company in terms of investments and quality of service
. -The second to fifth paragraphs of Article 38 and the second to fourth subparagraphs of Article 40 of Act No. 93-122 of 29 January 1993 on the prevention of corruption and the transparency of economic life and public procedures Are not applicable to operations performed under this section.
IV. -Public officials assigned to the transferred grant shall be made available to the company for a period of ten years. An agreement between the former and the new operator shall determine the conditions of this provision and, in particular, the conditions for the management of the corresponding salary costs.
During the period of the Provision, each officer may at any time request that he be offered a contract of employment by the new operator. The conclusion of this contract then takes off the executives. At the end of the period provided for in the first subparagraph, the new operator shall propose to each of the public officials a contract of employment, the conclusion of which shall entail the cancellation of the framework. Public officials who refuse to sign this contract shall be reinstated in full right within the Chamber of Commerce and Industry concerned.
The provisions of Article L. 122-12 of the Labour Code shall apply to contracts of employment of the Private law employees assigned to the transferred grant, in progress on the date of the transfer of the grant, which subsist with the new employer.
The fourth paragraph of Article L. 101-1 of the Marine Ports Code is replaced by two sub-paragraphs:
" -in the overseas departments and in Saint-Pierre-et-Miquelon, the relevant seaports State;
" -Port-Cros harbour, for its development, maintenance and management, of Port-Cros National Park.
In the IV of Article L. 720-5 of the Code After the words: " Municipal council, ", are inserted the words:" Stores accessible only to travellers with tickets and located on the grounds of airports, "
Article L. 213-11 of the Modified:
1 ° The first two sentences of the second paragraph of II are replaced by a sentence so written:
" It may be derogated from the daily hours of work fixed in the preceding paragraph by agreement or agreement An extended collective agreement or an enterprise or establishment agreement, provided that such agreements or agreements provide for equivalent periods of compensatory rest. " ;
2 ° The last paragraph of II is supplemented by the words: " , with the exception of health transport undertakings " ;
3 ° In the first sentence of III, after the words: " Road transport " shall be inserted the following words: , with the exception That of health transport undertakings, ".
Article L. 220-3 of the Labour Code is thus amended:
1 ° In the third paragraph, the words: Under the first subparagraph above with the exception of road transport undertakings " Are replaced by the words: " Of inland navigation, rail transport, health transport, transport Funds and values, undertakings providing for the restoration and operator of places lying on trains, and for the rolling staff of road haulage undertakings assigned to regular services including the route of the Line does not exceed 50 kilometres " ;
2 ° In the first sentence of the last paragraph, after the words: " Road transport undertakings' shall be inserted as follows: ' , with the exception of health transport undertakings, transport of Funds and values and the rolling stock of road passenger transport undertakings assigned to regular services whose line of line does not exceed 50 kilometres, ".
At the beginning of article L. 212-19 of the Labour Code, the words: " The second subparagraph of Article L. 212-15 -3 on non-managerial itinerant employees is not applicable " Are Replaced with the words: " The second subparagraph of II and the third paragraph of Article L. 212-15 -3 on non-management itinerant employees shall not apply ".
I. -Article 1 of Order No. 58-1310 of 23 December 1958 concerning the conditions of employment in public and private road transport in order to ensure the safety of the Traffic is thus amended:
1 ° The fifth, sixth and seventh paragraphs shall be replaced by a 4 ° thus written:
" 4 ° To the initial and continuing vocational training of drivers; these obligations shall apply to Vehicles for the carriage of goods with a total authorised weight exceeding 3.5 tonnes and passenger transport vehicles having, in addition to the driver's seat, more than eight seats, with the exception of Drivers:
" (a) Vehicles with a maximum authorized speed of 45 kilometres per hour;
" (b) Vehicles assigned to the services of the armed forces, civil protection, fire fighters and police forces or Gendarmerie, or placed under their control;
" (c) Vehicles undergoing road tests for technical improvement, repair or maintenance, and new or transformed vehicles not yet put into circulation;
(d) Vehicles used in emergency or rescue missions;
" (e) Vehicles used during driving courses for driving licences or for training purposes Professional under this article;
" (f) Vehicles used for non-commercial transport of passengers or goods for private purposes;
" (g) Vehicles carrying equipment or equipment, to be used in The exercise of the driver's trade, provided that the driving of the vehicle does not represent the principal activity of the driver.
" These trainings shall enable drivers to control road safety and safety rules at the The judgment, as well as the regulations relating to the duration of work and driving and rest periods, to develop preventive conduct in terms of anticipating the dangers and taking account of other road users and Rationalize the fuel consumption of their vehicle. "
2 ° The penultimate paragraph is thus written:
" The arrangements for implementing these obligations are laid down by decree in the Council of State. "
II. -The date of entry into force of the provisions of the I is set at 10 September 2008 for passenger transport and 10 September 2009 for the carriage of goods.
The second sentence of the second subparagraph of I of Article 1635 bis M of the General Tax Code is deleted
Article 5-1 of the Maritime Labour Code reads as follows: '
' Art. 5-1. -Personnel employed on board vessels used to provide habitual, port and lamanage towing services in the French territorial or internal waters shall be subject to the provisions Legislative, regulatory and convention of the place of supply, applicable in the field of labour legislation to employees employed by undertakings of the same branch, established in France, in respect of the following matters:
" -individual and collective freedoms in the employment relationship, exercise of the right to strike;
" -duration of work, compensatory rest, holidays, annual leave with pay, leave for family events, maternity leave, leave of absence Paternity, conditions of liability to cases of leave and weather;
" -minimum wage and payment of salary, including increments for overtime;
" -conditions of making available and guarantees due to Workers by enterprises engaged in temporary work activity;
" -safety, health, occupational health and medical supervision rules;
' -Discrimination and equality between women and men Men, maternity protection, age of admission to work, employment of children, working hours and night work for young workers;
" -illegal job.
" A decree shall determine the conditions of application of this Article, In particular those in which declarative formalities are required of foreign providers, as well as the formalities to which they are provided. "
The fifth paragraph (1 °) of the I of Article 2 of Act No. 2005-412 of 3 May 2005 on the creation of the register French international is supplemented by the words: " Or, according to a list fixed by decree, international regular lines "
I. -In Article L. 421-21 of the Education Code, after the words: Of Sickness "shall be inserted the words:" , maternity ".
II. -Article L. 757-1 of the Code is supplemented by a paragraph worded as follows: '
' The provisions of Article L. 421-21 shall apply to pupils in merchant marine schools. "
III. -Article 5-2 of the Maritime Labour Code reads as follows: '
' Art. 5-2. -Articles L. 122-25 to L. 122-25-1-2 of the Labour Code apply to women engaged in the profession of seafarer in accordance with conditions laid down by decree in the Council of State. "
I. -The second and third paragraphs of Article L. 742-1 of the Labour Code are
. -After Article L. 742-1 of the same Code, a Article L. 742-1-1 shall be inserted as
: Art. L. 742-1-1. -I.-The inspection of maritime labour shall be entrusted to the maritime labour inspectors and inspectors of the Ministry responsible for the sea. A decree in the Council of State sets out the division of powers assigned to the Labour Controller, the Labour Inspector, the Departmental Director of Labour and Employment, and the Regional Director of Labour and Employment by this Code. Within the deconcentrated services of the marine department.
" II. -Maritime labour inspectors and inspectors shall be responsible for ensuring the application of the provisions of this Code, the Maritime Labour Code and non-codified laws and regulations relating to seamen's work
. They are Also responsible for supervising the living and working conditions of any person employed in any capacity on board ships and not exercising the profession of seafarer, as well as monitoring the application of the social conditions of the State In cases where they were made applicable to crews of ships flying the foreign flag.
" For the performance of such missions, maritime labour inspectors and inspectors shall be entitled to ask the employer or His representative, as well as any person employed in any capacity on board a ship, to justify his or her identity, address and, where applicable, marine quality.
" III. -Maritime labour inspectors and inspectors are also involved in monitoring the implementation of the International Labour Organisation's standards of work for seamen on board a ship flying the flag Foreign port in a French port.
" IV. -Independently of the inspectors and inspectors of maritime labour and of the officers and judicial police officers, the officers and inspectors of maritime affairs and the sworn officers of the maritime affairs are responsible for seeing the Infringements of the provisions of this Code, the Maritime Labour Code and non-codified laws and regulations relating to seamen's work
. The inspectors, inspectors, officers and agents referred to in the preceding paragraph shall be Authorised to observe infringements of the provisions of the work arrangements applicable to personnel on board ships registered in Mayotte, New Caledonia, French Polynesia, Wallis and Futuna and in the Southern Territories And French Antarctic, which call in a port of a French department or of Saint-Pierre-et-Miquelon. For ships affecting foreign ports and ports, the recognition of the offences referred to in the preceding paragraph shall be entrusted to the consular authority, excluding consular officials. "
III. -Section 123 of the Maritime Labour Code is
. -In the second paragraph of Article L. 742-5 of the Labour Code, after the reference: L. 231-3-2, ", is inserted the reference:" L. 231-4, ".
V.-In the first paragraph of Article L. 324-12 of the Code, after the reference:" L. 611-10, ", Are inserted the words: " Marine labour inspectors and inspectors, ".
VI. -Article 122 of the Maritime Labour Code reads as follows:
Art. 122. -The inspection of maritime labour is governed by the provisions of Article L. 742-1-1 of the Labour Code. "
VII. -In the first and last subparagraphs of Article 27 of Act No. 2005-412 of 3 May 2005, the reference: Second paragraph of Article L. 742-1 " Is replaced, twice, by the reference: " I of Article L. 742-1-1 ".
After Article L. 742-11 of the Labour Code, an article L. 742-12 reads as follows:
" Art. L. 742-12. -The physical fitness for the exercise of the profession of seafarer and navigation shall be controlled by the seafarers' health service, which shall carry out the tasks of occupational health service defined in Title IV of Book II
The conditions The organisation and operation of the health service of seafarers are determined by decree in the Council of State. "
I. Article 6 of the Maritime Labour Code reads as follows:
Art. 6. - A decree in the Council of State specifies the arrangements for the placement of seafarers in Title I of Book III of the Labour Code. This decree lays down in particular the arrangements for the authorisation, for the placement of seafarers, of private placement agencies, the checks to be carried out prior to placement, and the conditions for keeping the register of seamen placed by them Intermediate. "
II. Article 9 of the Code reads as follows: '
' Art. 9. - The sailor signs the contract of engagement and receives one copy before boarding. The shipowner shall simultaneously send a copy to the maritime labour inspector for
. The contract of engagement shall refer to the address and call number of the Maritime Labour
. The clauses and provisions of the Contract of engagement shall be attached to the crew role indicating the place and date of embarkation. "
III. -Articles 12 and 13 of the Code are repealed.
I. -After Article 25 (1) of the Maritime Labour Code, a Article 25-2 reads as follows: '
' Art. 25-2. -In maritime activities whose nature does not allow for a precise determination of work periods and the distribution of working hours within them, a collective agreement or agreement shall determine the necessary adaptations. These agreements specify in particular the conditions under which the sailor may refuse the dates and working hours proposed to him.
" The list of such activities is fixed by decree. "
II. -Article 28 of the same code reads as follows:
" Art. 28. - Subject to the provisions of Articles 29 and 30, weekly rest shall be given on Sunday.
" However, to take into account the constraints of maritime activities, a collective agreement or agreement, an agreement May provide for the weekly rest period:
" (a) On rotation;
" (b) Deferred back to port;
" C) On the journey, in a port of call.
" In case the weekly rest period Is deferred, the agreement or agreement must provide for compensatory measures and specify the maximum period in which it is to be taken.
" In the absence of a collective agreement or collective agreement, the shipowner shall determine the terms and conditions of Referring to the uses and after consultation of the works council and the stewards, if they exist. He informs the maritime labour inspector.
" The arrangements for the application of this Article, in particular the period beyond which the weekly rest period cannot be postponed, shall be fixed by decree. "
III. Article 104 of the same Code reads as follows: '
' Art. 104. -The terms of application to the master of Articles 24 to 30 shall be determined by decree. "
Chapter IV of Title IV of the Maritime Labour Code is thus amended:
1 ° Articles 87 to 90 are thus Written:
" Art. 87. - The shipowner organizes the repatriation of the sailor in the following cases:
" 1 ° When the fixed-term contract or the journey ends in a non-metropolitan port;
" 2 ° At the end of the notice period;
" 3 ° In cases of Termination under section 98 or landing for disciplinary reasons;
" 4 ° In the event of illness, accident or any other medical reason requiring deplaning;
" 5 ° In case of shipwreck;
" 6 ° When the shipowner Is no longer able to fulfil its legal or contractual obligations as a result of bankruptcy, change of registration, sale of the ship or any other similar reason;
" 7 ° In case of suspension or termination of employment;
" 8 ° After a maximum boarding period of six months, which may be extended to nine months by collective agreement. This period may be extended or reduced by one month for reasons related to the commercial operation of the vessel;
" 9 ° When the ship is en route to an area of armed conflict where the sailor does not agree to
. The shipowner Unloaded if the sailor has not requested his repatriation within 30 days of deplaning.
" Unless otherwise agreed, the sailor who is not deplaned at his or her port of embarkation shall be entitled to conduct until such time Port.
" The shipowner shall ensure under the same conditions and in the same manner the repatriation of personnel who do not carry on the profession of seaman employed on board.
" Art. 88. - Repatriation includes:
" 1 ° The transport to the destination that can be, at the choice of the sailor:
" (a) The place of engagement of the sailor or his port of embarkation;
" (b) The place stipulated by collective agreement or agreement;
" (c) The country of residence of the sailor;
" (d) Any other place agreed between the parties;
" 2 ° Housing and food from the moment the sailor leaves the ship until he arrives at the chosen destination.
" Repatriation does not include Not the supply of clothing. However, if necessary, the master must advance the cost of essential clothing. Repatriation must be carried out by appropriate and rapid means, the normal mode being the airway.
" The passport or any other piece of identification entrusted to the master by the sailor shall be immediately returned for repatriation
Art. 89. - The shipowner may not require the sailor to participate in repatriation costs.
" Subject to the provisions of Article 90, repatriation costs shall be borne by the shipowner.
" Time spent waiting for repatriation And the duration of the journey shall not be deducted from the paid leave the sailor has acquired.
" Art. 90. - The assumption of costs for the repatriation of the sailor landed during the journey after the termination of the contract by the common will of the parties shall be settled by agreement of the
. The cost of repatriation of the sailor landed for fault In the event of an injury or illness contracted under the conditions set out in section 86, the shipowner must, however, advance it.
" The cost of repatriation of the sailor landed at the request of the authority Judicial or administrative authority shall be the responsibility of the State. " ;
2 ° After Article 90, an article 90-1 reads as follows:
" Art. 90-1. -A penalty of 7 500 is fine for a shipowner not to carry out the repatriation of a sailor. The sentence is extended to six months' imprisonment and 15 000 fine in case of re-offending.
" Legal persons may be declared criminally responsible, under the conditions laid down in Article 121 (2) of the Criminal Code, of the offence defined in the Previous paragraph. The penalties for legal persons are:
" 1 ° The fine, as provided for in Article 131-38 of the Penal Code;
" 2. The penalties referred to in 5 °, 6 ° and 9 ° of Article 131-39 of the same Code.
I. -Title I of the road road code Is completed with a Chapter X as follows:
"Chapter X
" European Electronic Toll Service
" Art. L. 119-2. -The European electronic toll service relates to payments made by users of the works of the road network by means of an electronic device requiring the installation of on-board electronic equipment on board
. Are n't Not concerned payment systems installed on works of purely local interest whose turnover is less than an amount fixed by decree.
" Art. L. 119-3. -The payment systems referred to in the first subparagraph of Article L. 119-2, put into service as from 1 January 2007, shall use one or more methods defined by decree. "
II. -An order in Council of State shall lay down the conditions for the application of this Article.
I. -After the first paragraph of II Of Article 8 of Law No. 82-1153 of 30 December 1982 on the orientation of inland transport, it shall be inserted a paragraph worded as
: Similarly, for occasional public services for non-urban road transport of persons, any contract Must include clauses specifying the purpose of the service and its price, the rights and obligations of the parties, the assignment of driving personnel, the characteristics of the rolling stock and the conditions for the performance of the service in particular Depending on the people or groups of people to be transported. "
II. -In the second paragraph of II of the same Article 8, the words: To the preceding paragraph " Are replaced by the words: " To the preceding paragraphs ".
Article L. 5721-2 of the General Code for Territorial Communities is supplemented by a paragraph worded as follows: '
' Where a public institution of intercommunal cooperation with its population is Greater than 400 000 inhabitants transferred its competence in the organisation of urban transport to a mixed union, its representation under that competence is at least equal to the majority of the seats in the trade union committee. The statutes of the joint trade unions that exist on the date of promulgation of Act No. 2006-10 of 5 January 2006 on the safety and development of transport will have to be brought into line with this provision within six months of Publication of the same Act. The other members of the union may be authorised by the State representative in the department to withdraw during that period. "
Ratified:
1 ° Order No. 2005-659 of 8 June 2005 simplifying the procedure for the decommissioning of goods of the National rail network;
2 ° Order No. 2005-1039 of 26 August 2005 amending the system of recognition of the professional capacity of motor carriers and simplifying the procedures for establishing standard contracts.
In the first paragraph of Article 92 of Law No. 2004-1343 of 9 December 2004 on the simplification of the law, the words: And Those taken pursuant to Articles 60 and 84 to 87, for which the period is eighteen months' Are replaced by the words: " , of that taken pursuant to Article 60, of those taken in application of the 1 ° (a to d), 2 ° and 3 ° of Article 84 and Articles 85 to 87, for which the time limit is eighteen months, and of that taken pursuant to Article 84 (e), for which the period is twenty-four months'.
The legality of the actions taken in respect of the expropriation of the land required for the construction of the project Modernisation of the railway line Poitiers-Niort-La Rochelle (section Niort-La Rochelle) and that of the acts authorising the work necessary for this operation cannot be challenged on the ground that the decree of 8 September 2005 declaring Public and urgent utility projects relating to the project for the modernisation of the Poitiers-Niort-La Rochelle railway line (Niort-La Rochelle section) and the compatibility of the land use plans of the municipalities of La Jarrie, Péré, Chambon, Surgères, Saint-Georges-du-Bois, Le Thou (Charente-Maritime), Frontenay-Rohan-Rohan and Le Bourdet (Deux-Sèvres) would have been taken after the period laid down in the first paragraph of Article L. 11-5 of the expropriation code for Cause of public utility.
This Act shall be enforced as the law of the State
Done at Paris, January 5, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of State,
Minister of the Interior
and Spatial Planning,
Nicolas Sarkozy
The Minister of the Economy,
Finance and Industry,
Thierry Breton
Seals, Minister of Justice,
Pascal Clément
Minister of Transport, Equipment,
du tourisme et de la mer,
Dominique Perben
The Minister of Overseas,
François Baroin
The minister delegated to the
budget and state reform,
spokesman for the Government,
Jean-François Copé
(1) Preparatory work: Law No. 2006-10.
Senate:
Bill No. 9 (2005-2006);
Report by Charles Revet, on behalf of the Committee on Economic Affairs, No. 14 (2005-2006);
Discussion and adoption, after emergency declaration, 18 October 2005.
National Assembly:
Bill, adopted by the Senate, No. 2604;
Report by Dominique Le Mèner, on behalf of the Committee on Economic Affairs, No. 2723;
Opinion of Mr Hervé Mariton, on behalf of the Committee on Finance, No. 2733;
Discussion on 13 and 14 December 2005 and adopted on 14 December 2005.
Senate:
Bill, as amended by the National Assembly at first reading, No. 133 (2005-2006);
Report by Mr. Charles Revet, on behalf of the Joint Joint Committee, No. 141 (2005-2006);
Discussion and adoption on 22 December 2005.
National Assembly:
Report by Mr. Dominique Le Mèner, on behalf of Committee on Economic Affairs, No. 2764;
Discussion and adoption on 22 December 2005.
