Order Of January 12, 2005 On Subsidies To The Financing By The Fund

Original Language Title: Arrêté du 12 janvier 2005 relatif aux subventions accordées au titre du financement par le fonds

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JORF No. 12 of 15 January 2005 Page 678
Text No. 51


ARRETE
Order dated January 12, 2005, relating to grants awarded for funding by the Major Natural Hazards Prevention Fund for Major Natural Hazards Prevention Measures

NOR: DEVP0430390A ELI: http://www.legifrance.gouv.fr/eli/arrete/2005/1/12/DEVP0430390A/jo/texte


The Minister of Economy, Finance and Industry, the Minister of Equipment, Transportation, Land Use Planning, Tourism and the Sea, and the Minister of Ecology and sustainable development,
Given the environmental code, in particular Articles L. 561-1, L. 561-3 and L. 562-1;
In view of the Insurance Code, in particular Articles L. 125-1 and L. 125-2;
In view of the Finance Act 2004 (No. 2003-1311 of 30 December 2003), in particular Article 128;
In light of the amended Decree No. 95-1115 of 17 October 1995 on the expropriation of property exposed to certain major natural hazards threatening human lives and the substance of Prevention of major natural hazards, Stop:

Item 1


Any grant application submitted for the contribution of the Natural Hazards Prevention Fund Major to the financing of the preventive measures mentioned in 8 ° and 9 ° of the II of Article 7 of the Decree of 17 October 1995 shall be accompanied by a file containing the documents mentioned, as the case may be, to A, B or C of Annex 1 to this Order.

Article 2


For the application for payment of the grant, the beneficiary of the grant or his authorised representative to the prefect les coins Referred to, as the case may be, in A, B or C of Annex 2 to this Order.
Where further evidence concerning the conditions for the implementation of the financed prevention measures is requested in a specific manner, such evidence shall be Also attached to the payment request.

Item 3


The Director General of the Treasury and Economic Policy, the Director General Town Planning, Habitat and Construction and the Director, Pollution Prevention and Risk Prevention, Major Risk Officer, shall each be responsible for the execution of this Order, which shall be published in the Official Journal of the French Republic.

Item Schedule


A N N E X E 1
PARTS TO BE PROVIDED AT DEPOSIT FILE
SUBSIDY REQUEST


A. -Cases of applications for grants submitted for the amicable acquisition of goods under the conditions laid down in 1 ° and 2 ° of the I of Article L. 561-3 of the Environment Code:
1 ° The grant application dated and signed by the representative of the Common or group of competent municipalities;
2 ° A copy of the community deliberation authorizing the proposed amicable acquisition;
3 ° A plan for locating the land unit to be acquired;
4. Subscription for the property to be acquired from a valid damage insurance contract and, where applicable, a certificate from the seller's insurance company indicating the amount of the allowances paid under the guarantee against the effects Natural disasters;
5 ° Where applicable, copies of invoices from companies that have carried out compensation claims for compensation for the effects of natural disasters;
6 ° An estimate by the Service in charge of the areas of the ventral value out of risk and before the possible loss of the land unit to be acquired;
7 ° An estimate of the cost of the measures envisaged after the acquisition of the land unit to limit access and prevent it Any occupation;
8 ° Where appropriate, an extract from the regulatory cartography of the planning document or a copy of any decision taken by the authority responsible for urban planning declaring the land unit to be acquired;
9 ° In the case of an application for a grant submitted for the amicable acquisition of goods exposed to a major natural risk seriously threatening human lives pursuant to Article L. 561-3 I of the Environment Code, the file Also includes a risk analysis to assess the extent and severity of the threat to human life and to verify that alternative means of safeguarding and protecting populations are more costly than The proposed amicable acquisition;
10 ° In the case of an application for a grant submitted for the amicable acquisition of goods of professional activities affected to more than half of their value pursuant to Article L. 561-3 of 2 ° Code of the environment, the file also includes a certificate from the Chamber of Agriculture, the Chamber of Commerce and Industry, the Chamber of Trades or any other body responsible for maintaining a register of legal advertising Indicating the nature of the activity carried out, its legal regime and the number of employees employed by the natural or legal person concerned at the date of the grant application.
B.-Cases of grant applications submitted for implementation Recognition operations, studies and work referred to in the 3 ° and 4 ° of the I of Article L. 561-3 of the Environment Code:
1 ° The grant application dated and signed by the owner, operator or manager of the goods Concerned or its representative indicating its quality to act, and bearing, where appropriate, a precise reference to the measure of the foreseeable natural hazards prevention plan to be applied, or of the representative of the municipality or the Grouping of competent municipalities;
2 ° A location plan for the land unit concerned;
3 ° A document attesting to the subscription for the relevant property of a valid damage insurance contract;
4 ° In case of Loss already occurred, an attestation from the owner's insurance company indicating the amount of compensation paid under the guarantee against the effects of natural disasters and the nature of the rehabilitation work for which Such allowances have been paid, as well as copies of invoices from undertakings which have carried out this work or, in the event that this work has not been carried out, a detailed estimate to identify the rehabilitation work likely to be Contribute to the realization of the operations, studies and prevention work and the possible additional cost generated by them;
5 ° A detailed estimate of the cost of the necessary operations, studies and works;
6 ° In the case of an agent Professional governed by the Act of 2 January 1970, known as the Act Hoguet ", is designated for the filing of the file, the file also includes a photocopy of the management mandate" Hoguet law ", accompanied by a photocopy of the professional card" Property management " ;
7 ° Where a non-professional representative within the meaning of 6 ° above is designated for filing the file, the file shall also include a private power of attorney, duly signed by both parties, or a power of attorney Authorizing a named agent to make all the undertakings, to file the file and to receive, on behalf of the owner, the operator or the manager any mail sent by him;
8 ° If the work is carried out by a An operator or a tenant tenant of the property, the file also includes a statement on the tenant's honour that the owner did not object to the work and did not report the undertaking itself;
9 ° In the case An application for a grant submitted for studies and preventive work in respect of goods of professional activities pursuant to 4 ° of the I of Article L. 561-3 of the Environment Code, the file shall also include an attestation of The Chamber of Agriculture, the Chamber of Commerce and Industry, the Chamber of Commerce or any other body responsible for the maintenance of a register of legal advertising indicating the nature of the activity carried out, its legal regime and the number of Employees employed by the natural or legal person concerned on the date of the grant application;
10 ° In the case of a grant application submitted for recognition operations and processing or Application of the 3 ° of the I of Article L. 561-3 of the Code of the Environment, the file also includes an analysis of the risks to assess the importance and seriousness of the threat to construction and human life, as well as a Estimate by the service responsible for the areas of the non-risk venal value and before the possible loss of the land unit to be acquired.
C.-Cases of grants submitted for the conduct of studies and works referred to in the article 128 of the Finance Law for 2004 (No. 2003-1311 of 30 December 2003):
1 ° The grant application dated and signed by the representative of the territorial master of work, including at least the designation of the project, its Characteristics, the nature and the estimated amount of the granular expenditure incurred by the beneficiary and the estimated schedule of the operation;
2 ° A copy of the community deliberation authorising the carrying out of the studies


A N N E X E 2
PARTS TO BE PROVIDED ON REQUEST FOR PAYMENT


A. -Cases of applications for grants submitted for the amicable acquisition of goods under the conditions laid down in 1 ° and 2 ° of the I of Article L. 561-3 of the Environment Code:
1 ° The letter of request for payment by which the representative of the Community certifies that the amicable acquisition has been carried out in the conditions under which the grant is awarded and specifies the amounts of the grant to be allocated to the expenses incurred;
2 ° A copy of the deed of assignment;
3 ° The case A copy of the deliberation or decision of the community authorizing the undertaking of the work necessary to limit access to the acquired property and the eventual demolition of the buildings;
appropriate, a copy of the Deliberation or decision of the competent community committing the modification or revision of the planning document applicable to the land concerned with a view to making it inconstructible.
B.-Cases of applications for grants submitted For the conduct of reconnaissance operations, studies and work referred to in the 3 ° and 4 ° of the I of Article L. 561-3 of the Environment Code:
1 ° The letter of request for payment by which the applicant or his authorised representative certifies That recognition operations, studies and prevention work have been carried out in the conditions under which the grant is awarded and specifies the amount of the grant to be allocated to the expenditure incurred;
2 ° The declaration Completion of the work, if the work performed there;
3 ° The detailed invoices of the companies having carried out the reconnaissance operations, the studies and the work;
4 ° In the case where a professional representative governed by the Act of 2 January 1970, known as the Law Hoguet ", is designated for the collection of funds, a photocopy of the professional card" Current property management " ;
5 ° In case a non-professional representative within the meaning of 4 ° above Is designated for the collection of funds, the original of a private power of attorney (1) or the original of a notarized power of attorney (2).
C.-Cases of applications for grants for the conduct of studies and works referred to in Section 128 of the Financial Act for 2004 (n ° 2003-1311 of 30 December 2003):
1 ° The letter of request for payment by which the representative of the community certifies that the studies and prevention work have been carried out in the Conditions under which the grant is awarded and specifies the amounts of the grant to be allocated to the expenditure incurred;
2 ° Where appropriate, the declaration of completion of the work, if the work done there;
3 ° The case Detailed invoices from the master companies or organizations that have completed the studies and prevention work.

(1) A power of attorney per person will be required if the subsidized building is owned by several persons (indivision, usufruit/nue-property ...). (2) In view of the cost of such acts in the notarized form, only one power of attorney (notarized) will be authorized for several persons (if the property of the building justifies it).


Done at Paris, January 12, 2005.


Minister of Ecology

and Sustainable Development,

Serge Lepeltier

The Minister of the Economy,

Finance and Industry,

Hervé Gaymard

The Minister of Equipment, Transport,

Spatial Planning,

for Tourism and the Sea,

Gilles de Robien


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