Key Benefits:
The National Assembly and the Senate have adopted,
The President of the Republic enacts the following:
Before Article L. 146-1 of the Code of Social Action and Families, Article L. 146-1 reads as follows: '
' Art. L. 146-1 A. -In all national or territorial bodies issuing an opinion or adopting decisions on disability policy, representatives of persons with disabilities shall be appointed on the basis of a proposal from their Representative associations by ensuring the simultaneous presence of associations involved in the management of social and medico-social institutions and services mentioned in 2 °, 3 °, 5 ° and 7 ° of the I of Article L. 312-1 and associations Participant not. "
I. -Chapter IV of Title I of the Code of Social Action and Families is thus amended:
1 ° Before Article L. 114-1, a Article L. 114 shall be inserted as follows:
' Art. L. 114. -A handicap, within the meaning of this Law, any limitation of activity or restriction of participation in the life of a person in his or her environment by a person as a result of substantial, lasting or definitive alteration of one or more Several physical, sensory, mental, cognitive or psychic functions, a polyhandicap or a disabling health disorder. " ;
2 ° Article L. 114-1 is thus amended:
(a) The first subparagraph is replaced by two sub-paragraphs:
" A person with a disability is entitled to the solidarity of the entire national community, which guarantees him, by virtue of This obligation, the access to fundamental rights recognized to all citizens and the full exercise of its citizenship
The State guarantees equal treatment of persons with disabilities throughout the territory and defines Multi-year action targets. " ;
(b) The second subparagraph is deleted;
3 ° The second subparagraph of Article L. 114-2 reads as follows:
To this end, the action sought is aimed at ensuring access for the child, the adolescent or the disabled adult to the institutions open to the The entire population and its continuation in an ordinary course of education, work and life. It ensures the support and support of families and families of people with disabilities. "
II. -1. The first three paragraphs of the I of Article 1 of Act No. 2002-303 of 4 March 2002 on the rights of patients and the quality of the health system become Article L. 114-5 of the Code of Social Action and
. The provisions of Article L. 114-5 of the Code of Social Action and Families as set out in 1 of this II shall apply to proceedings under way on the date of entry into force of Law No. 2002-303 of 4 March 2002, above, except for Those where it was irrevocably disposed of on the principle of compensation.
III. -The provisions of 2 ° of I and II of this Article shall apply to Mayotte and the French Southern and Antarctic
. -Book V of the Code of Social Action and Families is thus amended:
1 ° Before Chapter I of Title IV, a preliminary chapter is inserted as follows:
" Preliminary Chapter
"General Principles
" Art. L. 540-1. -The first paragraph of Article L. 114-1, Article L. 114-5 and the fourth paragraph of Article L. 146-1 shall apply to Mayotte. " ;
2 ° It is completed by a Title VIII written as follows:
"TITLE VIII
"
AND FRENCH ANTARCTICS
"Single Chapter
" General Principles
" Art. L. 581-1. -The first paragraph of Article L. 114-1, Article L. 114-5 and the fourth paragraph of Article L. 146-1 shall apply in the French Southern and Antarctic Lands. "
After Article L. 114-2 of the Code of Social Action and Families, a Article L. 114-2-1 is inserted. :
" Art. L. 114-2-1. -The Government organises every three years, as of 1 January 2006, a national conference on disability to which it contributes, in particular, the representative associations of persons with disabilities, representatives of the managing bodies Social and medico-social institutions or services for persons with disabilities, representatives of social security departments and agencies, representative trade unions and employers' organisations and organisations To discuss the policies and means of the disability policy.
" At the conclusion of the work of the national conference on disability, the Government shall submit to the Bureau of Parliamentary Assemblies, After receiving the opinion of the National Advisory Council for Persons with Disabilities, a report on the implementation of the national policy for persons with disabilities, including measures to prevent disability, Accessibility, inclusion, maintenance and promotion in employment, on respect for the principle of non-discrimination and on the development of their living conditions. This report may give rise to a debate in the National Assembly and the Senate.
Article L. 114-3 of the code of action Social and family is thus written:
" Art. L. 114-3. -Without prejudice to the provisions on prevention and detection provided for in particular by the Code of Public Health, by the Code of Education and by the Labour Code, the State, the Territorial Communities and the Protection Bodies Implementing policies for the prevention, reduction and compensation of the handicaps and the means necessary for their realization which aim to create the collective conditions for limiting the causes of disability, of prevention of Disability, the development of the disabled person's abilities and the search for the best possible autonomy.
" The policy of prevention, reduction and compensation for disability is based on programmes of Multidisciplinary search.
" The disability prevention policy includes:
" (a) Directly directed to persons with disabilities;
" (b) Actions to inform, train, accompany and support Families and caregivers;
" (c) Actions to promote the development of mutual aid groups;
" (d) Professional training and support;
" (e) Information and awareness-raising activities Public;
" (f) Prevention actions concerning the abuse of persons with disabilities;
" (g) Actions to establish concrete ties of citizenship;
" (h) Specific psychological support actions proposed to the Family when announcing disability, regardless of disability;
" (i) Educational activities in schools and professionals as well as in all places of reception, care and support, according to the needs of the Hosted people;
" (j) Improvement of the life framework taking into account all environments, products and services for persons with disabilities and implementing design rules designed to apply Universally.
" Such research actions and programmes may be proposed by the National Advisory Council for Persons with Disabilities referred to in Article L. 146-1 or by one or more departmental advisory councils of persons Referred to in Article L. 146-2 where such actions or programmes are confined to one or more departments. "
Article L. 3322-2 of the Public Health Code is supplemented by a paragraph worded as follows:
" All units of Packaging of alcoholic beverages shall, under the conditions laid down by the Minister responsible for health, bear a health message calling for the absence of alcohol consumption by pregnant women. "
After Article L. 114-3 of the Code of Social Action and Families, a Article L. 114-3-1 is inserted. :
" Art. L. 114-3-1. -Research on disability is the subject of multidisciplinary programmes involving, inter alia, higher education institutions, research organisations and professionals
In particular, it aims to identify those affected By a disability and the pathologies which cause it, to define the cause of disability or disabling disorder, to improve the accompaniment of the persons concerned in the medical, social, therapeutic, educational or educational aspects, to improve Their daily lives and develop actions to reduce disability and risk prevention.
" A national Observatory on training, research and innovation on disability is set up. It shall draw up a report to the Minister responsible for persons with disabilities, to the Scientific Council of the National Solidarity Fund for Independence and to the National Advisory Council for Persons with Disabilities every three years
This An observatory, whose composition by decree includes associations representing persons with disabilities and their families, is responsible for deciding on the coordination of policies for the prevention and screening of health problems By the code of public health, by the code of education and by the Labour Code with the policy of prevention of disability.
" It may be referred to the National Advisory Council for Persons with Disabilities or by a Board Advisory departmental for persons with disabilities referred to in Article L. 146-2. "
After Article L. 1110-1 of the Public Health Code, it is inserted an article L. 1110-1-1 thus written:
" Art. L. 1110-1-1. -Health professionals and the medico-social sector receive, during their initial and in-service training, specific training on the evolution of knowledge relating to pathologies causing disabilities and innovations Therapeutic, technological, educational, educational and social issues concerning them, the reception and support of disabled people, as well as the announcement of disability. "
I. -The third paragraph of Article L. 1411-2 of the Public Health Code is supplemented by a sentence so worded :
" It specifies the specific means to be implemented, where appropriate, to enable persons with disabilities to benefit fully from the action plans. "
II. -Article L. 1411-6 of the Code is supplemented by two sub-paragraphs thus written:
" Persons with disabilities benefit from specific additional preventive medical consultations. They receive medical expertise to ensure that they benefit from the evolution of therapeutic and technological innovations to reduce their disability. The periodicity and form of consultations shall be defined by the order of the Minister responsible for health
The expert medical teams responsible for these consultations may be consulted by the multidisciplinary teams mentioned at Article L. 146-8 of the Code of Social Action and Families, in the framework of the elaboration of the personalised compensation plans provided for in Article L. 114-1-1 of the same Code. "
After Article L. 1111-6 of the Public Health Code, a Article L. 1111-6-1 reads as follows:
" Art. L. 1111-6-1. -A person who is permanently prevented from performing, on the basis of the functional limitations of the senior members in connection with a physical disability, to carry out acts related to the care prescribed by a doctor, may appoint, in order to promote his or her autonomy, A natural caregiver or his or her choice to make them.
" The disabled person and the designated persons first receive, on the part of a health care professional, adapted education and learning to acquire the Knowledge and ability to practice each of the actions for the person with a disability. When it comes to actions related to nursing, this education and learning is delivered by a physician or nurse.
" The conditions of application of this Article shall be defined, where appropriate, by decree. "
The fourth paragraph of Article L. 122-26 of the Labour Code is supplemented by a sentence so worded:
" Where delivery occurs more than six weeks before the expected date and requires the child's postnatal hospitalization, the period of suspension of the contract of employment provided for in the preceding paragraphs shall be extended by the number of days between Effective date of birth and the expected date, in order to allow the employee to participate, whenever possible, in the care provided to her child and to take advantage of health education measures preparing for the return to home.
After article L. 114-1 of the code of social action and families, it is inserted an article L. 114-1-1 thus written:
" Art. L. 114-1-1. -The disabled person is entitled to compensation for the consequences of his disability regardless of the origin and nature of his or her disability, age or
. This compensation consists of meeting its needs, whether it is a question of The reception of early childhood, education, education, education, vocational integration, home development or the framework necessary for the full exercise of its citizenship and its capacity for autonomy, Development or development of the supply of services, in particular allowing the entourage of the disabled person to benefit from respite time, the development of mutual assistance groups or places in specialised institutions, aid Of any kind to the person or the institutions to live in the ordinary or adapted environment, or access to the procedures and institutions specific to the disability or to the means and benefits accompanying the implementation of the Legal protection governed by Title XI of Book I of the Civil Code. These adapted responses take into account the welcome and support needed for disabled people who cannot express their needs on their own.
" Compensation requirements are included in a plan developed in consideration of needs And the aspirations of the disabled person as expressed in his or her life project, formulated by the person himself or, failing that, with or for the person by his or her legal representative when she is unable to express his or her opinion. "
"Chapter V
" Delivery Compensation
" Art. L. 245-1. -I.-Any disabled person residing permanently and regularly in metropolitan France, in the departments mentioned in Article L. 751-1 of the Social Security Code or in Saint-Pierre-et-Miquelon, having exceeded the age of commencement of the right to The education allowance of the disabled child provided for in Article L. 541-1 of the same code, whose age is less than a limit fixed by decree and whose disability meets criteria defined by decree taking into account, in particular, nature and The importance of the compensation needs in relation to his or her project of life, is entitled to a compensation benefit which has the character of a benefit in kind that can be paid, depending on the beneficiary's choice, in kind or in cash.
" When The beneficiary of the compensation benefit has an open right of the same nature under a social security scheme, the sums paid as such shall be deducted from the amount of the compensation provision under fixed conditions By decree.
" A decree of the Council of State specifies the condition of residence referred to in the first paragraph
II. -Can also claim entitlement to this benefit:
" 1 ° Persons older than the limit mentioned in the I but whose disability met, before that limit, the criteria mentioned in audit I, subject to requesting this Benefit before age fixed by order of order;
" 2. Persons of an age above the limit mentioned in the I but who carry on a professional activity beyond that age and whose disability meets the criteria mentioned in audit I.
" III. -May also claim for the benefit of the element of the benefit referred to in Article L. 245-3, under conditions laid down by decree, the beneficiaries of the allowance provided for in Article L. 541-1 of the Code of Social Security, where they Are exposed, as a result of their child's disability, to charges falling within the said 3 °. These charges cannot then be taken into account for the purpose of allocating the above mentioned allowance.
" Art. L. 245-2. -The provision of compensation shall be granted by the committee referred to in Article L. 146-9 and served by the département, under identical conditions throughout the national
. The instruction in the demand for Compensation shall include the assessment of the compensation needs of the applicant and the establishment of a personalised compensation plan carried out by the multidisciplinary team under the conditions laid down in Article L. 146-8
However, in case On an urgent basis, the President of the General Council may allocate the compensation provision on a provisional basis and for an amount fixed by decree. It shall have a period of two months in order to regularise this decision in accordance with the provisions of the two preceding
. Decisions concerning the allocation of the benefit by the committee referred to in Article L. 146-9 may make The subject-matter of an appeal before the jurisdiction of the technical dispute of social security. The decisions of the President of the General Council relating to the payment of the benefit may be appealed to the departmental committees referred to in Article L. 134-6, under the conditions and in accordance with the procedures laid down in the Articles L. 134-1 to L. 134-10.
" Art. L. 245-3. -The compensation benefit may be assigned, under conditions laid down by decree, to charges:
" 1 ° Linked to a need for human assistance, including, where appropriate, those provided by family caregivers;
" 2 ° Linked to need Technical aid, in particular at the expense of the insured when such technical aid falls under the provisions of Article L. 321-1 of the Social Security Code;
' 3 ° Linked to accommodation and vehicle development The person with a disability, and any additional costs resulting from his or her transportation;
" 4 ° Specific or exceptional, such as those relating to the acquisition or maintenance of disability-related products;
" 5 ° Linked to attribution and Maintenance of animal support. As from 1 January 2006, charges for a blind guide dog or a service dog shall be taken into account in the calculation of the benefit only if the dog has been educated in a label structure and by educators Qualified under conditions defined by Order in Council. Dogs given to disabled persons prior to this date are presumed to meet these conditions.
" Art. L. 245-4. -The element of the benefit falling within the 1 ° of Article L. 245-3 shall be granted to any disabled person either where his condition requires the effective assistance of a third person for essential acts of the existence or requires supervision On a regular basis, when the exercise of a professional activity or an elective service imposes an additional charge on it.
" The amount allocated to the disabled person is assessed on the basis of the number of hours required by his/her Situation and fixed in full-time equivalent, taking into account the actual cost of remuneration for human assistance in accordance with the labour legislation and the collective agreement in
. Art. L. 245-5. -The service of the compensation service may be suspended or interrupted where it is established, in the light of the personalized compensation plan and under conditions laid down by decree, that its beneficiary has not devoted this benefit to the Compensation for the charges for which it was awarded. It is for the debtor of the benefit to bring an action for recovery of sums improperly used.
" Art. L. 245-6. -The provision of compensation shall be granted on the basis of rates and amounts determined by type of expenditure, within the limit of the take-over rates which may vary according to the resources of the beneficiary. The above rates and rates of care, as well as the maximum amount of each item referred to in Article L. 245-3, shall be determined by regulation. The terms and duration of this benefit shall be defined by decree.
" Are excluded from resources selected for the determination of the rate of care referred to in the preceding paragraph:
" -income from activity Interested person;
" -temporary allowances, benefits and annuities paid to victims of accidents at work or to their successors in title mentioned in Article 81 of the General Tax Code;
" -income Replacement whose list is prescribed by regulation;
" -the income from the activity of the spouse, the cohabitee, the person with whom the person concerned entered into a civil solidarity pact, the family caregiver who, living in the home of The person concerned ensures the effective assistance of his or her parents even when the person is domiciled at home;
" -annuities referred to in 2 ° of the I of Article 199 of the General Tax Code, when they have been constituted by the Persons with disabilities for themselves or, in their favour, by their parents or legal representative, grandparents, brothers and sisters or children;
" -certain specialised social benefits whose list is fixed by means of Regulatory.
" Art. L. 245-7. -The award of the compensation benefit shall not be subject to the implementation of the maintenance obligation as defined in Articles 205 to 211 of the Civil
. No recourse is exercised in the recovery of this benefit or Against the estate of the deceased beneficiary, or on the person or donee.
" The sums paid in respect of that benefit are not recovered against the beneficiary when he has returned to better Fortune.
" The provision of compensation shall not be taken into account for the purpose of calculating alimony or the amount of a debt calculated on the basis of resources
Art. L. 245-8. -The provision of compensation shall be transferable in so far as it is paid directly to the beneficiary and elusive, except for the payment of the compensation of the disabled person falling within the 1 ° of Article L. 245-3. In the event of non-payment of such costs, the natural or legal person or body responsible for the charge may obtain from the President of the General Council that the element of the benefit under Article L. 245-3 is paid directly to him.
" The beneficiary's action for payment of the benefit is prescribed by two years. This requirement shall also apply to the action brought by the President of the General Council for the recovery of unduly paid benefits, except in the case of fraud or misrepresentation
Guardianship of social benefits provided for in Articles L. 167-1 to L. 167-5 of the Social Security Code also apply to the provision of compensation
Art. L. 245-9. -Any person who has obtained the benefit of a compensation before the age referred to in Article L. 245-1 and who fulfils the conditions laid down in Article L. 232-1 may choose, when it reaches that age and every renewal of the The allocation of this benefit, between the maintenance of the benefit and the benefit of the Personalized Benefit.
" When the person who reaches that age does not express any choice, it is assumed that the person wishes to continue to benefit from the Compensation benefit.
" Art. L. 245-10. -The provisions of Article L. 134-3 shall apply to expenditure resulting from the payment of the benefit provided for in Article L. 245-1
Art. L. 245-11. -Persons with disabilities who are accommodated or accompanied in a social or medico-social institution or hospitalized in a health care facility are entitled to the compensation benefit. A decree shall lay down the conditions for its allocation and shall specify, where appropriate, depending on the situation of the person concerned, the reduction which may be applied to him during the period of hospitalization, support or accommodation, or Terms of suspension.
" Art. L. 245-12. -The element referred to in Article L. 245-3 may be used, depending on the choice of the person with a disability, to pay directly one or more employees, in particular a family member under the conditions laid down in the second paragraph of this Article, or to remunerate a service provider of authorised home assistance under the conditions laid down in Article L. 129-1 of the Labour Code, as well as to compensate a family caregiver who does not have a relationship of subordination with the disabled person in the sense of Chapter I of Title II of the book Ier of the Labour Code.
" A person with a disability who complies with conditions laid down by decree may employ one or more members of his or her family, including his or her spouse, his or her partner, or the person with whom he or she is Concluded a civil pact of solidarity under conditions laid down by decree.
" Where the disabled person chooses to pay directly one or more employees, the person with a disability may appoint an authorised representative body under the conditions laid down in the Article L. 129-1 of the Labour Code or a municipal social action centre as an agent of the element referred to in Article L. 245-3 of this Code. The recognised organisation shall, on behalf of the beneficiary, ensure the completion of the administrative formalities and social declarations relating to the use of its home aid. The disabled person remains the legal employer.
" Art. L. 245-13. -Compensation benefit is paid monthly.
" However, where the decision conferring the compensation is entitled to the benefit of the elements mentioned in 2 °, 3 °, 4 ° and 5 ° of Article L. 245-3, it may specify, at The request of the disabled person or his or her legal representative, that these elements will result in one or more punctual payments.
" These one-time payments are made at the initiative of the person with a disability or his/her representative Legal. A decree shall lay down the conditions under which applications for one-time payments subsequent to the award decision referred to in the preceding paragraph shall be subject to a simplified
. Art. L. 245-14. -Except as otherwise provided, the arrangements for the application of this Chapter shall be determined by decree in the Council of State. "
II. -The ninth paragraph (3 °) of Article L. 131-2 of the Code is
. -In Article L. 232-23 of the same code, the words: The compensatory allowance " Are replaced by the words: " Compensation benefit ".
IV. -After paragraph 9 (a) of Article 81 of the General Tax Code, it shall be inserted as follows: '
' The provision of compensation served under the provisions of Article L. 245-1 of the Code of Social Action and Families; '.
Within three years of the entry into force of this Law, the provision of compensation shall be extended to Children with disabilities. Within a maximum period of five years, the provisions of this Law making a distinction between persons with disabilities on the basis of age criteria in respect of disability compensation and accommodation costs in Social and medico-social institutions will be removed.
Article 272 of the Civil Code is supplemented by a paragraph worded as follows:
" In The determination of needs and resources, the judge does not take into account the sums paid in respect of compensation for accidents at work and the sums paid in respect of the right to compensation of a disability.
I. -Title II of Book VIII of the Code Social security is thus amended:
1 ° Article L. 821-1 is thus amended:
(a) The first subparagraph is replaced by three sub-paragraphs:
" Any person residing in the metropolitan area or in the departments Referred to in Article L. 751-1 or in Saint-Pierre-et-Miquelon having exceeded the age of entitlement to the allowance provided for in Article L. 541-1 and whose permanent incapacity is at least equal to a percentage fixed by decree shall, in the Conditions under this Title, an allowance for adults with disabilities.
" Persons of foreign nationality, excluding nationals of Member States of the European Union or parties to the Agreement on the European Economic Area, cannot Benefit from the allowance for adults with disabilities only if they are in a regular situation with regard to the legislation on residence or if they hold a receipt for renewal of a residence permit. A decree fixes the list of titles or documents certifying the regularity of their situation.
" The right to an allowance for adults with disabilities is open when the person cannot claim, under a social security scheme, a system of Retirement pension or special legislation, to an old-age or invalidity benefit, to the exclusion of the increase for the constant assistance of a third person referred to in Article L. 355-1, or to an accident at work, to the exclusion The increase for the assistance of a third party referred to in Article L. 434-2 of at least an amount equal to that allowance. " ;
(b) In the fourth paragraph, words: " Under the conditions laid down in the first subparagraph above, ' Are deleted and the words: " The sums overpaid in this respect are subject to a payment by the beneficiary " Are replaced by the words: " For the recovery of sums too collected, the bodies referred to in Article L. 821-7 shall be subrogated to beneficiaries'rights vis-à-vis the paying agencies for the benefits of old age or invalidity'. ;
(c) The fifth Paragraph reads as follows:
" Where the allowance for adults with disabilities is paid in addition to the guaranteed remuneration referred to in Article L. 243-4 of the Code of Social Action and Families, the combination of this benefit with remuneration Guarantee mentioned above is limited to amounts fixed by decree which vary in particular depending on whether the beneficiary is married or living maritally or is bound by a civil solidarity pact and has one or more dependants. These amounts vary according to the minimum growth wage provided for in Article L. 141-4 of the Labour Code. " ;
2 ° Article L. 821-1-1 is thus written:
" Art. L. 821-1-1. -A guarantee of resources for persons with disabilities consisting of the allowance for adults with disabilities and additional resources is hereby established. The amount of this guarantee is fixed by decree.
" The additional resources shall be paid to the beneficiaries of the allowance for adults with disabilities under Article L. 821-1:
" -including working capacity, appreciated by the committee Referred to in Article L. 146-9 of the Code of Social Action and Families, is, having regard to their disability, less than a percentage fixed by decree;
" -who have not received any business income of a personal nature from a Time fixed by decree;
" -have independent housing;
" -who receive the allowance for adults with disabilities at full rate or in addition to an old-age or invalidity benefit or an accident at work.
" The payment of additional resources for persons with disabilities shall end at the age at which the beneficiary is deemed unfit for work under the conditions laid down in the fifth paragraph of Article L. 821-1.
" Any recovery of activity Job ends the payment of additional resources.
" A decree in the Council of State specifies the conditions under which the complement of resources is paid to those who are accommodated in a social institution or Medical-social, hospitalized in a health care facility or incarcerated in a penitentiary institution.
" The provisions of Article L. 821-5 shall apply to the addition of resources. " ;
3 ° After Article L. 821-1-1, Article L. 821-1-2 reads as follows:
" Art. L. 821-1-2. -An increase for autonomous living, the amount of which is fixed by decree, shall be paid to the beneficiaries of the allowance for adults with disabilities under Article L. 821-1 which:
" -have self-contained accommodation for which they receive a Personal help for housing;
" -receive the allowance for adults with disabilities at full rate or in addition to an old-age or invalidity benefit or an accident at work;
" -do not collect business income from Personal professional character.
" A decree in the Council of State specifies the conditions under which the mark-up for autonomous life is paid to those who are accommodated in a social or medico-social institution, hospitalized in a Health care facility or incarcerated in a penitentiary institution.
" The increase for autonomous life is not cumulative with the guarantee of resources for persons with disabilities referred to in Article L. 821-1-1. The tenant who meets the conditions for granting these two benefits chooses to benefit from one or the other.
" The provisions of Article L. 821-5 shall apply to the mark-up for autonomous life. " ;
4 ° Article L. 821-2 is thus amended:
(a) In the first paragraph, the words: " Technical Committee on Vocational Guidance and Occupational reclassification provided for in Article L. 323-11 of the Labour Code Are replaced by the words: " Commission Referred to in Article L. 146-9 of the Code of Social Action and Families " And the words: " But which is " Are replaced by the words: " When she has not been in employment for a period fixed by Order in Council and is " ;
(b) The second Paragraph is deleted;
(c) In the last paragraph, the word " Third " Is replaced by the word: " Fifth " ;
5 ° Articles L. 821-3 and L. 821-4 read as follows:
" Art. L. 821-3. -The allowance for adults with disabilities may be combined with the personal resources of the person concerned and, where applicable, his spouse, partner or partner of a civil pact of solidarity within the limit of a ceiling fixed by decree, which varies according to He is married, concubin or partner of a civil pact of solidarity and has one or more dependants.
" The remuneration of the person concerned from a professional activity in the ordinary working environment is partly excluded from the Amount of resources used to calculate the allowance in accordance with terms and conditions fixed by decree.
" Art. L. 821-4. -The allowance for adults with disabilities shall be granted, for a fixed period by decree in the Council of State, on a decision of the committee referred to in Article L. 146-9 of the Code of Social Action and of families appreciating the level of incapacity of the Disabled persons as well as, for the persons referred to in Article L. 821-2 of this Code, their inability to obtain employment, having regard to their disability.
" The complement of resources referred to in Article L. 821-1-1 is Granted, for a fixed term by decree in the Council of State, on a decision of the committee referred to in the first subparagraph which assesses the rate of incapacity and the working capacity of the person
. The mark-up for the autonomous life mentioned in Article L. 821-1-2 is granted, for a fixed term by decree in the Council of State, by decision of the same committee. " ;
6 ° Article L. 821-5 is thus amended:
(a) At the end of the second sentence of the first subparagraph, the words: " Of the disabled " Are replaced by the words: " Of the disabled person " ;
(b) In the sixth paragraph, the words: " Of this Articles L. 821-1 to L. 821-3 " Are replaced by the words: " Of this Title " ;
(c) In the last paragraph, the words " And its complement " Are replaced by the words: " , additional resources and markup for Self-contained life " ;
7 ° Article L. 821-6 is thus amended:
(a) In the first paragraph, the words: " Persons with disabilities who are accommodated in whole or in part on social assistance or hospitalized in a health care facility, or detained " Are Replaced with the words: " Persons with disabilities who are housed in a social or medico-social institution or hospitalized in a health care facility, or detained ", and the words" Suspended, totally or partially, " Are replaced by the Word: " Reduced " ;
(b) The second paragraph is deleted;
8 ° After Article L. 821-7, an Article L. 821-7-1 reads as follows:
" Art. L. 821-7-1. -The allocation provided for in this Title may be the subject of the managing body of an advance on rights assumed if, at the end of the period of payment, the committee referred to in Article L. 146-9 of the Code of Social Action And families did not rule on the merits of the renewal application. " ;
9 ° Article L. 821-9 is repealed;
10 ° In the first and second paragraphs of Article L. 821-7, the words: And its complement " Are replaced by the words: " , additional resources and mark-up for self-contained life ".
II. -In the first paragraph of Article L. 244-1 of the Code of Social Action and Families, the words: And L. 821-7 " Are replaced by references: " , L. 821-7 and L. 821-8 ".
Articles L. 243-4 to L. 243-6 of the Code of Social Action and Families read as follows:
" Art. L. 243-4. -Any worker with a disability received in an establishment or service covered by 5 ° of the I of Article L. 312-1 shall be entitled to the support and assistance contract referred to in Article L. 311-4 and shall be entitled to a guaranteed remuneration paid By the establishment or the aid service by the work which receives it and which takes account of the full-time or part-time nature of the activity it carries out. It shall be paid upon admission into the probing period of the disabled worker subject to the conclusion of the contract of support and assistance by the
. Its amount is determined by reference to the minimum wage for growth, under conditions And within prescribed limits.
" In order to help finance the guaranteed remuneration referred to in the first subparagraph, the establishment or the service of assistance by the labour shall, for each person with a disability, receive a Support for the state-funded job.
" Assistance to the position varies according to the conditions laid down by regulation, depending on the share of remuneration financed by the establishment or the service of assistance through the work and the full-time character, or Part-time of the activity of the disabled person. The arrangements for the allocation of the aid to the post and the level of participation of the establishment or the work aid service for the remuneration of workers with disabilities shall be determined by
. Art. L. 243-5. -The guaranteed remuneration referred to in Article L. 243-4 shall not constitute a salary within the meaning of the Labour Code. It is, on the other hand, regarded as remuneration for work for the application of Article L. 242-1 of the Social Security Code, and the provisions on the basis for contributions to the agricultural and social insurance scheme. Contributions made in respect of supplementary pensions. These contributions are calculated on the basis of a flat-rate or real basis under prescribed conditions.
" Art. L. 243-6. -The State shall provide to the managing bodies of establishments and services for aid by work, under conditions laid down by decree, the total compensation of the expenses and contributions relating to the part of the remuneration guaranteed equal to Assistance to the position referred to in Article L. 243-4. "
I. -The fourth paragraph of Article L. 111-1 of the Code Education, after the words: In difficulty "shall be inserted the words:" , regardless of origin, especially health, ".
II. -In the third paragraph of Article L. 111-2 of the Code, after the words: On the basis of his or her abilities' shall be inserted the words: ' And its special needs ".
III. -Articles L. 112-1 and L. 112-2 of the Code read as follows:
" Art. L. 112-1. -In order to fulfil its obligations under Articles L. 111-1 and L. 111-2, the public service of education shall provide education, vocational or higher education for children, adolescents and adults with a Disability or disabling health condition. In its fields of competence, the State shall establish the financial and human resources necessary for the ordinary schooling of children, adolescents or adults with
. Every child, any adolescent with a disability or a Impairment of health is recorded in the school or in one of the establishments referred to in section L. 351-1, the closest to home, which is its reference institution.
" As part of its custom project, if its It may be registered in another school or another institution referred to in Article L. 351-1 by the competent administrative authority, on the basis of a proposal by the competent administrative authority. Reference institution and with the consent of its parents or legal representative. This entry does not preclude its return to the reference establishment.
" Similarly, children and adolescents received in one of the establishments or services mentioned in Article L. 312-1 of the Code of Social Action and of the Families or in one of the institutions mentioned in Book I of Part Six of the Code of Public Health may be enrolled in a school or in one of the establishments referred to in Article L. 351-1 of this Code other than their Reference establishment, close to the institution where they are allowed. The conditions for such registration and attendance shall be established by agreement between the academic authorities and the health or medico-social
. If necessary, distance education will be provided to them. Proposed by an institution under the supervision of the Ministry of National
. This training is undertaken before the age of compulsory education, if requested by the family.
" It is completed as a Need, through educational, psychological, educational, social, medical and paramedical actions coordinated in the context of a personalised project provided for in Article L. 112-2.
" Where regular school attendance has been decided by the Committee referred to in Article L. 146-9 of the Code of Social Action and Families, but that the conditions of access to the reference establishment make it impossible, the extra costs attributable to the carriage of the child or adolescent with a disability To a more remote location is the responsibility of the territorial community responsible for the accessibility of the premises. This provision does not preclude the application of Article L. 242-11 of the Code when the inaccessibility of the reference establishment is not the cause of transport
. Art. L. 112-2. -In order to ensure a suitable training course, each child, adolescent or adult disabled shall be entitled to an assessment of his/her skills, needs and measures implemented in the course of this journey, according to a periodicity Adapted to its situation. This assessment is carried out by the multidisciplinary team referred to in Article L. 146-8 of the Code of Social Action and Families. Parents or legal representative of the child are required to express themselves on this occasion.
" Based on the results of the evaluation, it is proposed to each child, adolescent or adult with disabilities, as well as to his/her family, Training course which is the subject of a personalized project of schooling with the necessary adjustments by encouraging, whenever possible, training in the ordinary school environment. The personalised school education project constitutes an element of the compensation plan referred to in Article L. 146-8 of the Code of Social Action and Families. It proposes arrangements for the conduct of the coordinated education with the measures enabling it to accompany it in the compensation plan. "
IV. -After Article L. 112-2 of the same Code, Article L. 112-2-1 is inserted as follows: '
' Art. L. 112-2-1. -School attendance monitoring teams are created in each department. They shall follow up the decisions of the Committee on the Rights and Autonomy of Persons with Disabilities, taken under Article L. 241-6 of the Code of Social Action and
. These teams include all of the Persons who contribute to the implementation of the customized school education project and in particular the teacher (s) who are in charge of the child or
. They may, with the consent of his or her parents or legal representative, Propose to the committee referred to in Article L. 241-5 of the Code of Social Action and of families any revision of the orientation of a child or adolescent which they consider useful. "
V.-1. After Article L. 112-2 of the same Code, Article L. 112-2-2 shall be inserted as follows: '
' Art. L. 112-2-2. -In the education and schooling of deaf children, the freedom of choice between bilingual communication, sign language and the French language, and a communication in the French language is legal. A decree in the Council of State lays down, on the one hand, the conditions for the exercise of this choice for deaf children and their families, on the other hand, the arrangements to be made by the institutions and services in which the education of deaf children is provided for Guarantee the application of this choice. "
2. Section 33 of the Public Health and Social Insurance Act No. 91-73 of 18 January 1991 is
. -Chapter II of Title I of the book Ier of the code of education is supplemented by an article L. 112-4 thus written:
" Art. L. 112-4. -To ensure equality of opportunity between candidates, adjustments to the conditions for the award of oral, written, practical or continuous examinations of examinations or competitions for school education and higher education, Rendered necessary because of a disability or a disabling health disorder, are provided for by Order in Council. Such arrangements may include, in particular, the granting of additional time and its taking into account in the course of the tests, the presence of an assistant, a suitable communication device, the provision of suitable equipment or The candidate's use of his or her personal equipment. "
VII. -Chapter II of Title I of the book Ier of the same code is supplemented by an article L. 112-5 thus written:
" Art. L. 112-5. -Teachers and managers, reception, technical and service staff receive, during their initial and in-service training, specific training on the reception and education of students and students with disabilities. Includes, in particular, information on disability as defined in Article L. 114 of the Code of Social Action and Families and the various modalities of school support. "
I. -After Article L. 123-4 of the Education Code, Article L. 123-4-1 is inserted as follows: '
' Art. L. 123-4-1. -Higher education institutions register students with disabilities or have a disabling health condition, as part of the provisions regulating their access to the same level as other students, and ensure their training in Implementing the arrangements necessary for their situation in the organisation, conduct and support of their studies. "
II. -The sixth paragraph of Article L. 916-1 of the Code reads as follows: '
' By way of derogation from the first subparagraph, education assistants may be recruited by the State to carry out functions to assist in the reception and integration of pupils Persons with disabilities under the conditions laid down in Article L. 351-3, as well as to provide accompanying functions to students with disabilities enrolled in higher education institutions mentioned in Titles Ier, II, IV and V of the book VII of this Code and for which assistance has been recognised as necessary by the Committee referred to in Article L. 146-9 of the Code of Social Action and Families. "
I. -The title of Chapter I of Title V of Book III of the Education Code reads as follows: Education ".
II. Article L. 351-1 of the Code reads as follows:
" Art. L. 351-1. -Children and adolescents with disabilities or disabling health conditions are enrolled in kindergartens and elementary schools and the establishments referred to in Articles L. 213-2, L. 214-6, L. 422-1, L. 422-2 and L. 442-1 of this Code And Articles L. 811-8 and L. 813-1 of the Rural Code, if necessary within adapted arrangements, where this mode of schooling meets the needs of the pupils. Parents are closely associated with the guidance decision and can be assisted by a person of their choice. The decision shall be taken by the committee referred to in Article L. 146-9 of the Code of Social Action and Families, in agreement with the parents or the legal representative. Failing that, the conciliation and appeal procedures provided for in Articles L. 146-10 and L. 241-9 of the same Code shall apply. In all cases and when justified by their needs, the pupils shall be provided with the necessary additional aids and accompaniments
Education is also provided by qualified personnel under the Ministry of Education When the situation of the child or adolescent with a disability or disabling health condition requires a stay in a health care facility or a medical-social institution. These staff are either public teachers made available to these establishments under conditions laid down by decree or by the masters of private education in the context of a contract between the institution and the State in the Title IV of Book IV.
" A decree in the Council of State lays down the conditions under which teachers employed in public institutions under the responsibility of the Ministry responsible for persons with disabilities or holders of Diplomas awarded by the latter also provide this teaching. "
III. -Article L. 351-2 of the same code is thus amended:
1 ° The first paragraph reads as follows:
" The committee referred to in Article L. 146-9 of the Code of Social Action and Families refers to establishments or services or to title The institution or service that corresponds to the needs of the child or adolescent able to receive it. " ;
2 ° In the third paragraph, the words: " Dispensing special education " Are deleted;
3 ° In the second paragraph, the words: " Special education institutions " Are replaced by the words: " Establishments or services referred to in 2 ° and Under Article L. 312-1 of the Code of Social Action and Families ".
IV. -Article L. 351-3 of the same code is thus amended:
1 ° In the first subparagraph, the words: The Departmental Special Education Commission " Are replaced by the words: " The committee referred to in Article L. 146-9 of the Code of Social Action And families " ;
2 ° In the same paragraph, after the reference: " L. 351-1 " shall be inserted as follows: Of this Code " ;
3 ° The second subparagraph is supplemented by two sentences thus written:
" If the individual help needed to The disabled child does not have educational support, these assistants can be recruited without qualification. They receive appropriate training. " ;
4 ° The third paragraph reads as follows:
" They shall carry out their duties with the pupils for whom assistance has been recognised by decision of the committee referred to in Article L. 146-9 of the Code of Social Action and Families. Their contract of employment specifies the names of schools and schools in which they are likely to carry out their duties. "
Article L. 312-15 of the Education Code is supplemented by two sub-paragraphs thus written:
" Teaching Civic education also includes, at primary school and in college, training on knowledge and respect for the problems of people with disabilities and their integration into
. Schools and schools Partner with centres for persons with disabilities to facilitate exchanges and meetings with students.
Section L. 122-24-4 of the Labour Code is thus modified:
1 ° After the word: " Deployments', the end of the first paragraph reads as follows: ' , changes in work stations or the organisation of working time. " ;
2 ° After the first subparagraph, a paragraph is inserted as follows:
" The employee's contract of employment may be suspended in order to allow him to undergo a career placement. "
I. -At the end of the first paragraph of Article L. 122-45 of the Labour Code, the words: , unless otherwise unproven By the working doctor within the framework of Title IV of Book II of this Code, ' Are deleted.
II. -After Article L. 122-45-3 of the same Code, Article L. 122-45-4 is inserted as follows: '
' Art. L. 122-45-4. -Differences in treatment based on the incapacity established by the doctor of work under Title IV of Book II on grounds of health or disability do not constitute discrimination where they are objective, necessary And appropriate.
" Appropriate measures for the benefit of persons with disabilities to promote equal treatment provided for in Article L. 323-9-1 shall not constitute discrimination. "
III. -After Article L. 122-45-3 of the same Code, Article L. 122-45-5 is inserted as follows: '
' Art. L. 122-45-5. -Associations regularly constituted for at least five years, working in the field of disability, may bring to justice any actions arising from Articles L. 122-45 and L. 122-45-4, under the conditions laid down in Article L. 122-45, In favour of a candidate for a job, an internship or a period of training in an undertaking or an employee of the undertaking, provided that they justify a written agreement by the person concerned. The latter may always intervene in the proceedings initiated by the association and put an end to it at any time. "
IV. -After Article L. 323-9 of the same Code, Article L. 323-9-1 reads as follows: '
' Art. L. 323-9-1. -In order to ensure that the principle of equal treatment for disabled workers referred to in Article L. 323-3 is observed, employers shall take appropriate measures to enable them to comply with the needs in a specific situation. To the workers referred to in the 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 to enter a job or to hold a job corresponding to their qualification, to exercise it or to make progress or to ensure that training adapted to their needs Provided that the charges resulting from the implementation of those measures are not disproportionate, taking into account the aid which may offset all or part of the expenses incurred by the employer as such.
" These Aid may relate, in particular, to the adaptation of machinery or tools, the provision of work stations, including the provision of personal support and equipment for disabled workers, and access to premises Job.
" Refusal to take appropriate measures within the meaning of the first subparagraph may constitute discrimination within the meaning of Article L. 122-45-4. "
V.-After Article L. 212-4-1 of the same code, an article L. 212-4-1-1 is inserted as follows:
" Art. L. 212-4-1-1. -Under the appropriate measures provided for in Article L. 323-9-1, employees with disabilities mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 benefit from their request for individualised work arrangements to facilitate their Access to employment, professional practice or retention in their jobs.
" Family caregivers and relatives of the person with a disability benefit under the same conditions of individualised arrangements for facilitating Accompanying this person with a disability. "
I. -Article L. 132-12 of the Labour Code is supplemented by two sub-paragraphs thus written:
" Organizations Referred to in the first subparagraph shall meet to negotiate, every three years, on measures for the vocational integration and retention of workers with disabilities. The negotiations shall include, inter alia, the conditions for access to employment, vocational training and promotion, and the conditions of employment, employment and
. Negotiation on vocational integration And the retention in the employment of disabled workers takes place on the basis of a report drawn up by the employers' part presenting, for each sector of activity, the situation in relation to the employment obligation of the disabled workers provided for By Section 1 of Chapter III of Title II of Book III. "
II. -Article L. 132-27 of the Code is supplemented by three sub-paragraphs as
: In the undertakings referred to in the first subparagraph, the employer is also required to enter into negotiations each year on measures relating to integration Employment and retention of disabled workers. The negotiations focus in particular on the conditions for access to employment, vocational training and promotion, working conditions and employment, as well as measures to raise awareness of the disability of all staff members. Enterprise.
" The negotiation on the vocational integration and retention of disabled workers takes place on the basis of a report drawn up by the employer presenting the situation in relation to the employment obligation of the disabled workers. Disabled workers provided for in Section 1 of Chapter III of Title II of Book III
In the absence of an initiative of the employer for more than twelve months following the previous negotiation, the negotiation is binding on the request A representative trade union organisation within the period laid down in Article L. 132-28; the request for negotiations formulated by the trade union organisation shall be forwarded within eight days by the employer to the other representative organisations. When a collective agreement with such measures is signed in the undertaking, the frequency of the negotiation shall be extended to three years. "
III. -After the word: " ', the end of Article L. 133-5 of Article L. 133-5 reads as follows: ' Diplomas and professional qualifications issued on behalf of the State, provided that those diplomas and titles have been created for more than a year; ".
IV. -In Article L. 133-5 of the same code, the words: Article L. 323-9 " Are replaced by the words: " As provided for in Article L. 323-1, as well as measures for the organisation of posts or timetables, work organisation and actions To remedy the de facto inequalities affecting these persons ".
V.-In 8 ° of Article L. 136-2 of the Code, after the words: Or a race, "shall be inserted the words:" And measures taken in favour of the right to work Persons with disabilities, ".
VI. -In the III of article 12 of Act No. 2003-775 of 21 August 2003 on the reform of pensions, the words: To the penultimate " Are replaced by the words: " To the seventh ".
I. -Article L. 323-8-3 of the Labour Code is supplemented by three sub-paragraphs as
: She Carries out an annual assessment of the actions it conducts for the professional integration of persons with disabilities in the ordinary environment, publishes an annual activity report and is subject to the administrative and financial control of the
. A convention of objectives shall be concluded between the State and the association referred to in the first paragraph every three years. In accordance with the tasks provided for in Article L. 323-8-4, this Convention lays down in particular the reciprocal commitments contributing to the consistency between the measures of common law on employment and vocational training and measures Specific measures adopted by the association and the financial means necessary for the attainment of these objectives
This convention also determines the priorities and the main principles for the intervention of the public employment service and of the Specialized placement. "
II. -After Article L. 323-10 of the Code, a Article L. 323-10-1 reads as follows: '
' Art. L. 323-10-1. -A cooperation agreement is concluded between the association referred to in Article L. 323-8-3 and the fund defined in Article L. 323-8-6-1. In particular, it shall determine the respective obligations of the parties with regard to the specialised investment bodies referred to in Article L. 323-11. "
III. Article L. 323-11 of the Code reads as follows:
" Art. L. 323-11. -Preorientation centres contribute to the vocational guidance of disabled
. Specialized investment agencies responsible for the preparation, support and sustainable follow-up in the employment of persons Participation in the system of vocational integration and special support during the period of adaptation to the work station of disabled workers implemented by the State, the public employment service, the association Referred to in Article L. 323-8-3 and the fund referred to in Article L. 323-8-6-1. They must be under contract for this purpose and may, under this condition, receive the assistance of the association and of the aforementioned
. To ensure the consistency of the actions of the public employment service and specialised investment agencies, it A pilotage device including the State, the public employment service, the association referred to in Article L. 323-8-3, the fund referred to in Article L. 323-8-6-1 and the specialised investment
. The Conventions mentioned In the second subparagraph shall be in accordance with the guidelines laid down in the objective convention provided for in Article L. 323-8-3.
' Preorientation centres and specialized investment agencies mentioned in the first and second subparagraphs Agreement with the departmental house of persons with disabilities referred to in Article L. 146-3 of the Code of Social Action and Families to coordinate their interventions with persons with disabilities. "
IV. -In Article L. 381-1 and Article L. 542-1 of the Social Security Code, the words: L. 323-11 of the Labour Code Are replaced by the words: " L. 241-5 of the Code of Social Action and Families ".
V.-After the article L. 323-11 of the Labour Code, it is inserted an article L. 323-11-1 thus written:
" Art. L. 323-11-1. -The State, the public employment service, the association referred to in Article L. 323-8-3, the fund referred to in Article L. 323-8-6-1, the regional councils, social protection bodies, trade unions and representative associations of the Persons with disabilities define and implement concerted policies on access to vocational training and qualification of persons with disabilities, which aim to create the collective conditions for the exercise of the right to work People with disabilities.
" The aim of these policies is to identify and quantify the training needs of persons with disabilities and the quality of training provided. They promote the efficient use of the various schemes by facilitating the synergy between ordinary training bodies and bodies specially designed to compensate for the consequences of disability or the repair of the Injury.
" With a view to ensuring a full range of services for persons with disabilities taking into account the analysis of needs, in particular the possibility of the free choice of these persons and also taking into account the proximity of the Training sites, multi-year programming for training reception is planned.
" In order to take into account the special constraints of persons with disabilities or who have a disabling health condition, a part-time or Discontinuous, a suitable duration of training and suitable arrangements for the validation of vocational training are provided for under conditions laid down by decree. "
I. -Article L. 323-3 of the Labour Code is supplemented by a 10 ° and an 11 ° thus written:
" 10 Incumbents The disability card defined in Article L. 241-3 of the Code of Social Action and Families;
" 11 ° The holders of the allowance for adults with disabilities. "
II. Article L. 323-4 of the Code reads as follows:
" Art. L. 323-4. -The total number of employees referred to in the first subparagraph of Article L. 323-1 shall be calculated in accordance with the procedure laid down in Article L. 620-10.
" For the calculation of the number of beneficiaries of this Section, by way of derogation from the provisions of Article L. 620-10, the said beneficiaries shall each count for a unit if they have been present at least six months in the last twelve months, irrespective of the nature of the contract of employment or its duration, with the exception of those under contract Temporary work or made available by an outside firm which is taken into account in proportion to their time of presence in the enterprise in the preceding twelve months. "
III. -Article L. 323-8-2 of the same code is thus amended:
1 ° The words: " ; the amount of this contribution, which may be modulated according to the size of the business, is determined by a joint order of the Minister responsible for employment and the Minister Responsible for the budget, within the limit of 500 times the minimum hourly wage of growth per non-employee beneficiary " Are deleted;
2 ° It is completed with three sub-paragraphs written:
" The amount of this contribution can be modulated in Function of the company's workforce and jobs requiring special conditions of fitness, fixed by decree, occupied by employees of the company. It shall also take into account the effort made by the undertaking in the field of retention in the employment or direct recruitment of the beneficiaries of this section, in particular beneficiaries for whom the departmental director of labour, Employment and vocational training, after the possible opinion of the labour inspectorate, has recognised the heaviness of the disability, or of the beneficiaries of this section encountering particular difficulties in access to employment
The Terms Calculation of the contribution, which may not exceed the limit of 600 times the minimum hourly wage of growth per non-employed beneficiary, shall be fixed by decree. For undertakings which have not occupied any of the beneficiaries of the employment obligation referred to in Article L. 323-3, have not entered into any contract referred to in Article L. 323-8 or do not apply any agreement referred to in Article L. 323-8-1 during a period Greater than three years, the contribution limit is extended under conditions defined by decree to 1500 times the minimum hourly wage for growth.
" However, may be deducted from the amount of this contribution in order to allow Employers to fulfil part of the employment obligation laid down in Article L. 323-1, of the expenses incurred directly by the undertaking and intended to foster the reception, insertion or retention in employment of workers Disabled within the undertaking or the access of persons with disabilities to working life which does not fall within the scope of a legislative or regulatory provision. The advantage of this deduction cannot be combined with aid granted for the same purpose by the association referred to in Article L. 323-8-3. The nature of the above-mentioned expenses and the conditions under which they can be deducted from the amount of the contribution are defined by decree. "
IV. -Article L. 323-12 of the Code is repealed.
V.-In the first paragraph of Article L. 323-8-1 of the Code, after the words: By applying a branch agreement, ' shall be inserted the words: ' Group agreement, ".
The same Article is supplemented by a paragraph so worded:
" Approval shall be given for the duration of the agreement. "
VI. -In Article L. 323-8-6 of the same code, after the words: Contribution instituted by ", are inserted the words:" The last sentence of the fourth paragraph of ".
VII. -In the first sentence of Article L. 323-7 of the Code, the words: More than once pursuant to Article L. 323-4 " Are deleted.
I. -After the first paragraph of Article L. 351-1-3 of the Social Security Code, after the first paragraph of Article L. 634-3-3 of the Code and after the first paragraph of Article L. 732-18-2 of the Rural Code, it is Inserted a paragraph as follows:
" The pension of the persons concerned shall be increased according to the period giving rise to contributions, subject to conditions specified by decree. "
II. -The I of Article L. 24 of the Code of Civil and Military Pensions is supplemented by a 5 ° thus written:
" 5 ° The 60-year-old condition at the level is lowered under conditions laid down by decree for officials Persons with disabilities who, while having a permanent disability of at least 80 %, have a period of insurance at least equal to a limit fixed by decree, all or part of that period which gave rise to deductions for Pensions.
" The officials referred to in the preceding paragraph shall be entitled to a pension calculated on the basis of the number of quarters necessary to obtain the maximum percentage referred to in the second paragraph of Article L. 13. "
III. -The provisions of 5 ° of the I of Article L. 24 of the Civil and Military Pension Code apply to civil servants affiliated with the National Pension Fund of Local Government Employees and to workers governed by the Pension scheme for industrial workers in the state.
The public procurement code is thus Modified:
1 ° The title of section 3 of Chapter III of Title III reads as follows: Conditions for access to the public order relating to the fiscal and social situation of candidates, or to respect for the employment obligation of workers Persons with disabilities or business difficulties " ;
2 ° The same section 3 is completed by an article 44-1 thus written:
" Art. 44-1. -The persons subject to the obligation laid down in Article L. 323-1 of the Labour Code which, in the year preceding the year in which the launch of the consultation took place, are not allowed to compete in public contracts; Have not subscribed to the declaration referred to in Article L. 323-8-5 of the Code or have not, if they are liable to pay, the contribution referred to in Article L. 323-8-2 of that Code. " ;
3 ° In the second paragraph of Article 52, after the reference: 44 ", is inserted the reference:" , 44-1 " ;
4 ° The second paragraph (1) of Article 45 is supplemented by the following words: And on the fulfilment of the obligation of employment mentioned in Article L. 323-1 of the Labour Code ".
In the third paragraph of Article L. 1411-1 of the General Code Territorial communities, after the words: " Professional and financial guarantees " shall be inserted as follows: , of their respect for the employment obligation of disabled workers provided for in Article L. 323-1 of the Labour Code ".
Law No. 83-634 of 13 July 1983 on the rights and obligations of civil servants is thus amended:
1 ° 5 ° of Article 5 and Article 5a are supplemented by the following words: Taking into account the possibilities of compensation for disability " ;
2 ° After item 6 quinquies, an article 6 sexies is inserted as follows:
" Art. 6 sexies. -In order to ensure respect for the principle of equal treatment with regard to workers with disabilities, the employers referred to in Article 2 shall take, as appropriate in a specific situation, the appropriate measures to enable the Workers referred to in 1 °, 2 °, 3 °, 4 °, 9 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code to have access to employment or to hold a job corresponding to their qualifications, to exercise and to make progress or to ensure that training adapted to Their needs shall be provided to them, provided that the charges resulting from the implementation of those measures are not disproportionate, in particular in the light of the aid which may offset all or part of the expenditure incurred in that regard By the employer. " ;
3 ° After Article 23, an Article 23 bis reads as follows:
" Art. 23 bis. -The Government shall submit, on a yearly basis, a report on the Office of the Parliamentary Assemblies, drawn up after the opinion of the higher councils of the public service of the State, the territorial civil service and the hospital public service on Employment status of persons with disabilities in each of the three public functions. "
Law No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State is As amended:
1 ° Article 27 reads as follows:
" Art. 27. - I.-No candidate who has been the subject of an orientation in the ordinary working environment by the committee provided for in Article L. 146-9 of the Code of Social Action and Families may not be excluded, on account of his disability, from a competition or from a Employment of the public service, unless his disability has been declared incompatible with the position postulated following the medical examination designed to assess his fitness for the performance of his office, carried out in accordance with the provisions of 5 ° Article 5 or 4 ° of Article 5a of Title I of the General Staff
. The upper age limits set for access to grades and public employment governed by the provisions of this Chapter shall not be enforceable against Persons mentioned at 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code.
" Persons who no longer fall within one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of the same Article L. 323-3 may Benefit from a decrease in the above-mentioned age limits equal to the duration of the treatment and care they had to undergo when they fell under one of these categories. This period may not exceed five years.
" Derogations from the normal rules for the conduct of competitions and examinations are provided for in order, in particular, to adapt the duration and the fractionation of tests to the physical means of the candidates or their Provide the necessary human and technical aids specified by them at the time of registration. Sufficient rest periods shall be granted, in particular, to such candidates, between two successive tests, so as to enable them to compose under conditions compatible with their physical
. II. -The persons mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code may be recruited as a contract agent in categories A, B and C for a period corresponding to the duration of the traineeship Provided by the special status of the body in which they are intended to be established. The contract shall be renewable for a period which may not exceed the initial duration of the contract. At the end of this period, the persons concerned shall be granted tenure provided that they fulfil the conditions of fitness for the exercise of the
. The provisions of the preceding paragraph shall apply to the equivalent categories of the Position, public operator established by Act No. 90-568 of 2 July 1990 on the organisation of the public postal service and France
. A decree of the Council of State shall lay down the procedures for the application of the two preceding paragraphs, in particular The minimum qualifications required for recruitment as a contract agent in categories A and B, the conditions for checking the pre-recruitment aptitude in category C, the conditions for the possible renewal of the Contract, the terms of assessment, prior to tenure, of the ability to perform the duties.
" This mode of recruitment is not open to people who are employees.
" III. -Employees with disabilities falling within one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code shall benefit from the arrangements provided for in Article 6 sexies of Title I of the General Staff Regulations. Public servants. " ;
2 ° In Article 60, the words: " Having the quality of disabled worker recognised by the committee provided for in Article L. 323-11 of the Labour Code Are replaced by the words: " Persons with disabilities falling within one of the categories mentioned in the 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code " ;
3 ° Article 62, the words: " Recognised workers with disabilities by the committee provided for in Article L. 323-11 of the Labour Code Are replaced by the words: " Disabled Falling within one of the categories referred to in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code " ;
4 ° After the first subparagraph of Article 37 bis, a paragraph shall be inserted as follows:
" Authorization to perform a Part-time service shall be granted in full to employees in the categories referred to in the 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code, after the opinion of the preventive doctor. " ;
5 ° After Article 40a, it is inserted a Article 40 ter so worded:
" Art. 40 ter. -Arrangements of hours to facilitate his or her professional practice or retention in employment shall be granted to the employee with a disability falling within one of the categories mentioned at 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of the article L. 323-3 of the Labour Code, to the extent compatible with the operational requirements of the service
Time arrangements shall also be accorded to his request to any official, to the extent compatible with the Necessary for the operation of the service, to enable it to accompany a disabled person, who is his spouse, his partner, the person with whom he has concluded a civil pact of solidarity, a dependent child, an ascendant or a person Accepted at home and requires the presence of a third party. "
Law n ° 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service is Thus modified:
1 ° Article 35 is thus written:
" Art. 35. - No candidate who has been the subject of an ordinary work orientation by the committee provided for in Article L. 146-9 of the Code of Social Action and Families may not be excluded, on account of his disability, from a competition or from a job Of the public service, unless his disability has been declared incompatible with the position postulated following the medical examination designed to assess his fitness for the performance of his office, carried out in accordance with the provisions of 5 ° of Article 5 or Of the 4 ° of Article 5a of Title I of the General Staff
. The conditions of physical fitness referred to in Article 5 of Article 5 of Title I of the General Staff Regulations shall be laid down by decree in the Council of
. The Upper age limits fixed for access to the employment of communities and establishments shall not be effective against the persons referred to in the 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour
. Those who do not report More than one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of the same Article L. 323-3 may benefit from a reduction of the abovementioned age limits equal to the duration of the treatment and care they had to undergo when they were under the control of One of these categories. This period may not exceed five years.
" Derogations from the normal rules for the conduct of competitions and examinations are provided for in order, in particular, to adapt the duration and the fractionation of tests to the physical means of the candidates or their Provide the necessary human and technical aids specified by them at the time of registration. Sufficient rest periods shall be granted, in particular, to such candidates, between two successive tests, so as to enable them to compose under conditions compatible with their physical
. Employees with disabilities who are One of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code shall benefit from the arrangements provided for in Article 6 sexies of Title I of the General Staff Regulations. " ;
2 ° After Article 35, a Rule 35 bis reads as follows:
" Art. 35 bis. -The report provided for in the second subparagraph of Article L. 323-2 of the Labour Code shall be submitted to the deliberative assembly after the opinion of the Joint Technical Committee. " ;
3 ° The last two paragraphs of Article 38 are replaced by three sub-paragraphs thus written:
" The persons mentioned in the 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code may be recruited as an agent Employment in categories A, B and C for a period corresponding to the duration of the traineeship provided for by the special status of the framework of employment in which they are intended to be established. The contract shall be renewable for a period which may not exceed the initial duration of the contract. At the end of this period, the persons concerned shall be granted tenure provided that they fulfil the conditions of fitness for the exercise of the
. A decree of the Council of State lays down the procedures for the application of the preceding paragraph, in particular the Minimum graduation requirements for recruitment as a contract agent in categories A and B, the conditions for checking the pre-recruitment ability in category C, the conditions for the possible renewal of the contract, The terms of assessment, prior to tenure, of the ability to perform the duties.
" This mode of recruitment is not open to persons who are public servants. " ;
4 ° In the first paragraph of Article 54, the words: " Having the quality of disabled worker recognised by the committee provided for in Article L. 323-11 of the Labour Code Are replaced by the words: " Persons with disabilities in one of the categories Mentioned at 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code " ; in the second paragraph of that article, the words: " Recognised workers with disabilities by the committee provided for in Article L. 323-11 of the Labour Code Are Replaced with the words: " Persons with disabilities falling within one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code ;
5 ° After the second subparagraph of Article 60a, a paragraph shall be inserted so worded :
" The authorisation to perform a part-time service shall be granted in full to officials in the categories referred to in the categories referred to in the 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code, after the opinion of the doctor of the service Professional and preventive medicine. " ;
6 ° After Article 60c, an Article 60 quinquies is inserted as follows: '
' Art. 60 d. -Arrangements of hours to facilitate his or her professional practice or retention in employment shall be granted to the employee with a disability falling within one of the categories mentioned at 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of the article L. 323-3 of the Labour Code, to the extent compatible with the operational requirements of the service
Time arrangements shall also be accorded to his request to any official, to the extent compatible with the Necessary for the operation of the service, to enable it to accompany a disabled person, who is his spouse, his partner, the person with whom he has concluded a civil pact of solidarity, a dependent child, an ascendant or a person Accepted at home and requires the presence of a third party. "
In the first paragraph of I of Article 35 of Act No. 2000-321 of 12 April 2000 on the rights of citizens In their relations with administrations, the words: Two last " Are replaced by the words: " Three last ".
Act No. 86-33 of January 9, 1986 laying down statutory provisions relating to the hospital public service is thus amended:
1 ° Article 27 reads as follows:
" Art. 27. - I.-No candidate who has been the subject of an orientation in the ordinary working environment by the committee provided for in Article L. 146-9 of the Code of Social Action and Families may not be excluded, on account of his disability, from a competition or from a Employment of the public service, unless his disability has been declared incompatible with the position postulated following the medical examination designed to assess his fitness for the performance of his office, carried out in accordance with the provisions of 5 ° Article 5 or 4 ° of Article 5a of Title I of the General Staff
. The conditions of physical fitness referred to in Article 5 of Article 5 of Title I of the General Staff Regulations shall be fixed by decree in Council "State.
" The upper age limits fixed for access to the bodies or jobs of the establishments shall not be enforceable against the persons mentioned in the 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour
. The People Which are no longer in one of the categories referred to in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of the same Article L. 323-3 may benefit from a decrease in the above-mentioned age limits equal to the duration of the treatment and care they had to undergo when they Fell within one of these categories. This period may not exceed five years.
" Derogations from the normal rules for the conduct of competitions and examinations are provided for in order, in particular, to adapt the duration and the fractionation of tests to the physical means of the candidates or their Provide the necessary human and technical aids specified by them at the time of registration. Sufficient rest periods shall be granted, in particular, to such candidates between two successive tests, so as to enable them to compose under conditions compatible with their physical
. Employees with disabilities who are One of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code shall benefit from the arrangements provided for in Article 6 sexies of Title I of the General Staff
. II. -The persons mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code may be recruited as a contract agent in categories A, B and C for a period corresponding to the duration of the traineeship Provided by the special status of the body in which they are intended to be established. The contract shall be renewable for a period which may not exceed the initial duration of the contract. At the end of this period, the persons concerned shall be granted tenure provided that they fulfil the conditions of fitness for the exercise of the
. A decree of the Council of State lays down the procedures for the application of the preceding paragraph, in particular the Minimum graduation requirements for recruitment as a contract agent in categories A and B, the conditions for checking the pre-recruitment ability in category C, the conditions for the possible renewal of the contract, The terms of assessment, prior to tenure, of the ability to perform the duties.
" This mode of recruitment is not open to persons who are public servants. " ;
2 ° After Article 27, an Article 27 bis reads as follows:
" Art. 27 bis. -The report provided for in the second subparagraph of Article L. 323-2 of the Labour Code shall be submitted to the Management Board after the opinion of the technical committee of establishment. " ;
3 ° A section 38, the words: " Recognised workers with disabilities by the committee provided for in Article L. 323-11 of the Labour Code Are replaced by the words: " Disabled under one of the categories mentioned at 1 °, 2 °, 3 °, 4 °, 9 °, Article L. 323-3 of the Labour Code ;
4 ° After the second subparagraph of Article 46-1, a paragraph shall be inserted as follows:
" Authorisation to perform a part-time service shall be granted in full to civil servants Falling within the categories referred to in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labour Code, after the opinion of the occupational physician. " ;
5 ° After item 47-1, an article 47-2 reads as follows:
" Art. 47-2. -Arrangements of hours to facilitate his or her professional practice or employment shall be granted to the disabled employee in one of the categories mentioned at 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° Article L. 323-3 of the Labour Code, to the extent compatible with the operational requirements of the service
Time arrangements shall also be accorded to his request to any official, to the extent compatible with The operational requirements of the service, in order to enable it to accompany a disabled person, who is his spouse, his partner, the person with whom he has concluded a civil solidarity pact, a dependent child, an ascendant or a Welcome to his or her home and require the presence of a third party. "
I. -The first paragraph of Article L. 323-2 of the Labour Code is thus amended:
1 ° After the word: ", are inserted the words:" , the public operator La Poste " ;
2 ° References: " L. 323-3, L. 323-5 and L. 323-8 " Are replaced by references: " L. 323-3, L. 323-4-1, L. 323-5, L. 323-8 and L. 323-8-6-1 ".
II. -After Article L. 323-4 of the Code, it is inserted an article L. 323-4-1 thus drafted:
" Art. L. 323-4-1. -For the calculation of the employment rate laid down in Article L. 323-2, the total number of employees taken into account shall consist of all the employees paid by each employer referred to in Article L. 323-2 as of 1 January of the previous
. For calculation of the Above, the number of persons referred to in Articles L. 323-3 and L. 323-5 paid by the employers referred to in the preceding paragraph to 1 January shall consist of all the persons referred to in Articles L. 323-3 Last year.
" For the application of the two previous paragraphs, each agent counts for a device.
" The employment rate shall correspond to the number of employees determined in the second paragraph of the first subparagraph. "
III. -After Article L. 323-8-6 of the same Code, a Article L. 323-8-6-1 reads as follows: '
' Art. L. 323-8-6-1. -I.-A fund for the integration of persons with disabilities into the public service is set up, managed by a public institution under the supervision of the State. This fund is divided into three sections, as follows:
" 1 ° Section "Public service of the State;
" 2 ° Section "Territorial Civil Service;
" 3 ° Section "Hospital Public Service.
" This fund is responsible for To promote the vocational integration of persons with disabilities within the three public functions, as well as the training and information of the agents in contact with
. Public employers can benefit from this fund Mentioned in Article 2 of Title I of the General Staff Regulations and the public operator La Poste, with the exception of public establishments of an industrial or commercial
. A national committee, composed of representatives of employers, Staff and persons with disabilities, including guidelines for the use of funds by local committees. The National Committee shall draw up an annual report which shall be submitted to the senior councils of the public service of the State, the territorial civil service and the hospital public service, as well as to the National Advisory Council of Persons Disabled.
" II. -The employers referred to in Article L. 323-2 may fulfil the obligation of employment established by this Article, by providing an annual contribution for the integration of persons with disabilities into the Public Service for each of the Recipients of this section that they should have used.
" The contributions paid by the employers referred to in Article 2 of Title II of the General Staff Regulations and by the public operator La Poste shall be paid into the Section "Public service of the state.
" The contributions paid by the employers referred to in Article 2 of Title III of the General Staff Regulations shall be paid in the section " Territorial Civil
. The contributions Paid by the employers referred to in Article 2 of Title IV of the General Staff Regulations shall be paid in the section entitled " Hospital Public
. III. -The appropriations in the section ' Public service of the State shall be used exclusively to finance actions carried out on the initiative of the employers referred to in Article 2 of the Title Il du statut général des Servants and the Public Operator ' Position.
" The appropriations in the section ' Territorial civil service shall be used exclusively to finance actions carried out on the initiative of the employers referred to in Article 2 of Title III of the General Staff Regulations
. The Appropriations in the Section " Hospital Civil Service shall be used exclusively to finance actions carried out on the initiative of the employers referred to in Article 2 of Title IV of the General Staff
. Common actions to Several public functions can be financed by credits in several sections.
" IV. -The contribution referred to in II of this Article shall be due to the employers referred to in Article L. 323-2
It is calculated on the basis of the number of missing units on 1 January of the previous year. The number of missing units corresponds to the difference between the total number of persons paid by the employer to which the proportion of 6 % is applied, rounded to the lower unit, and that of the beneficiaries of the obligation to work Article L. 323-2 which is actually paid by the employer.
" The number of missing units shall be reduced by a number of units equal to the quotient obtained by dividing the amount of expenditure incurred in accordance with the first paragraph of the Article L. 323-8 and those assigned to measures adopted with a view to facilitating the vocational integration of persons with disabilities into the public service by the minimum annual gross salary available to a full-time official employed in public employment Appreciated as of December 31 of the past year. The number of missing units is also reduced under the same conditions in order to take into account the employer's effort to accommodate or maintain persons with severe disabilities.
" Amount of the contribution Is equal to the number of missing units multiplied by a unit amount. This amount and its terms of modulation shall be identical, subject to the specificities of the civil service, to those provided for in the contribution defined in Article L. 323-8-2.
" For state services, the calculation of the contribution Is operated at the level of all employees paid by each department.
" The employers referred to in Article L. 323-2 shall, by 30 April, file with the public accounting officer an annual return accompanied by the Payment of their contribution. The annual return is checked by the fund manager.
" In the absence of a declaration and regularisation within one month of a formal notice sent by the fund manager, the employer shall be deemed to be Not satisfying the employment obligation. The amount of the contribution is then calculated by holding the proportion of 6 % of the total paid strength. In this situation or in cases of lack of payment or insufficient payment, the fund manager issues an enforceable title which is recovered by the public treasury accounting officer in accordance with the rules applicable to the recovery of claims Foreign to tax and domain.
" V.-Detailed rules for the application of this Article shall be laid down in a decree of the Council of State.
The second and third paragraphs of Article L. 323-6 of the job code reads:
" For the application of the first subparagraph, aid may be granted by decision of the departmental director of labour, employment and vocational training, after an opinion has been given The labour inspector. This aid, requested by the employer, may be allocated in accordance with the characteristics of the beneficiaries of this section, under conditions laid down by decree in the Council of State. It is financed by the association mentioned in Article L. 323-8-3. Such aid shall not be combined with the reduction in the contribution provided for the employment of a worker referred to in the third paragraph of Article L. 323-8-2.
" This decree also lays down the conditions under which aid may be granted Workers with disabilities who make the choice to engage in self-employment when, because of their disability, their productivity is notoriously diminished.
I. -Articles L. 131-2, L. 323-8, L. 323-34, L. 412-5, L. 421-2 and L. 431-2 of the Labour Code, the words: Sheltered workshops " Are replaced by the words: " Adapted enterprises ". In Article L. 323-32 (second and last paragraphs), the words: Protected workshop " Are replaced by the words: " Adaptive Enterprise ".
II. -In the I and II of Article 54 of the Public Procurement Code and in the third paragraph of Article 89 of the same Code, the words: Sheltered workshops " Are replaced by the words: " Adapted companies ".
III. -Article L. 323-29 of the Labour Code is
. -Article L. 323-30 of the same code is thus amended:
1 ° The first paragraph reads as follows:
" Persons with disabilities for whom a labour market orientation by the committee referred to in Article L. 146-9 of the Code of Social action and families cannot be admitted to an establishment or service mentioned under 5 ° of the I of Article L. 312-1 of the same code. " ;
2 ° The second paragraph is deleted;
3 ° The third paragraph reads as follows:
" The Committee referred to in Article L. 146-9 of the Code of Social Action and Families shall take a reasoned decision, taking into account the Real possibilities for insertion, on an orientation to the labour market or on admission to the centre of assistance through work. "
V. Article L. 323-31 of the same code reads as follows:
" Art. L. 323-31. -Adapted enterprises and home work distribution centres may be established by public or private communities or bodies, and in particular by commercial companies. For the latter, they must be incorporated as separate legal entities.
" They shall spend with the representative of the State in the region a contract of three-year objectives approving and providing for, inter alia, a financial endorsement An annual aid quota for the post. This contract specifies the conditions under which the aid quota for the post is revised in the course of the year, in the event of a change in the number of employees
. They benefit from all the devices intended for businesses and their employees. The benefit of these devices cannot be combined, for the same position, with the post mentioned in the last paragraph, nor with any specific assistance on the same subject-matter.
" In view of the additional costs generated by the very majority of the Persons with disabilities of reduced efficiency, they also receive a specific subsidy whose allocation arrangements are fixed by decree. This grant also provides for social monitoring and specific training for the disabled person on his/her workstation.
" For each disabled worker who is oriented towards the labour market by the committee referred to in Article L. 146-9 of the Code of Social Action and of the families they employ, aid to the flat-rate position paid by the State, the amount and the details of which shall be determined by decree in the Council of State. "
VI. -Article L. 323-32 of the same Code is thus amended:
1 ° At the beginning of the first subparagraph, the words: The managing body of the sheltered workshop or the " Are replaced by the words " The adapted company or the " ;
2 ° In the first sentence of the Second paragraph, the words: " , qualification and performance " Are replaced by the words: " And its qualification " ;
3 ° The second, third and last sentences of the same paragraph are deleted;
4 ° The third paragraph is Thus written:
" This salary may not be less than the minimum wage for growth determined pursuant to Articles L. 141-1 et seq. " ;
5 ° Before the last paragraph, a paragraph shall be inserted as follows:
" The adapted worker also benefits from the provisions of Title IV of Book IV. "
VII. -After Article L. 323-32 of the same Code, Article L. 323-33 has been reinstated as follows: '
' Art. L. 323-33. -In the event of a voluntary departure to the ordinary business, the disabled employee who has resigned benefits, in the event that he wishes to return to the adapted company, of a hiring priority whose terms and conditions are laid down by decree. "
VIII. -In the second paragraph of Article L. 443-3-1 of the same code, the words: Classifying them, in accordance with Article L. 323-11, in the category corresponding to serious handicaps or declaring them to be either a sheltered workshop or an aid centre By the job " Are replaced by the words: " Declaring them, pursuant to Article L. 241-6 of the Code of Social Action and Families, to report to an establishment or service mentioned in the a of 5 ° of the I of Article L. 312-1 of that Code ".
IX. Article L. 312-1 of the Code of Social Action and Families has the following words: Protected workshops defined " Are replaced by the words: " Adapted enterprises defined ".
X. -In the last paragraph of Article 32 of the Act No. 2000-37 of 19 January 2000 on the negotiated reduction of working time, the words: Sheltered workshops " Are replaced by the words: " Adapted companies ".
I. -Article L. 311-4 of the Code of Social Action and Families is supplemented by a paragraph worded as follows: '
' When concluded in institutions and services The employment contract referred to in Article L. 312-1, the contract of residence provided for in the preceding paragraph shall be referred to as the contract of support and assistance by work. This contract must be in accordance with a model contract established by Order in Council. "
II. Article L. 344-1-1 shall be inserted after Article L. 344-1 of the same code: '
' Art. L. 344-1-1. -Institutions and services that host or accompany disabled adults who have not been able to acquire a minimum of autonomy provide them with medical-social and educational support for the development of their potentialities and New acquisitions, as well as a living environment that fosters personal and social development. A decree determines the obligations of these institutions and services, in particular the composition and qualifications of the multidisciplinary teams they must have. "
III. Article L. 344-2 of the same code reads as follows:
" Art. L. 344-2. -Institutions and labour aid services welcome persons with disabilities whose committee referred to in Article L. 146-9 has found that the working capacities do not allow them, momentarily or sustainably, on a full-time or a full-time basis Work in an ordinary business or in a suitable enterprise or on behalf of a work distribution centre at home, or to carry out an independent professional activity. They offer opportunities for a variety of professional activities, as well as medico-social and educational support, in order to foster their personal and social development. "
IV. -After Article L. 344-2 of the Code, five Articles L. 344-2-1 to L. 344-2-5 are inserted:
" Art. L. 344-2-1. -Institutions and labour aid services shall implement or promote access to knowledge maintenance, retention of educational and vocational training, and educational access to Autonomy and involvement in the social life, for the benefit of the disabled persons whom they receive, under conditions laid down by
. The arrangements for validating the experience of such persons shall be fixed by decree.
" Art. L. 344-2-2. -Persons with disabilities who are admitted to work-related institutions and services shall be entitled to leave, the arrangements for which shall be laid down by
. Art. L. 344-2-3. -Are applicable to persons with disabilities admitted to the establishments and services referred to in Article L. 344-2 the provisions of Article L. 122-28-9 of the Labour Code relating to parental
. Art. L. 344-2-4. -Persons with disabilities admitted to an establishment or a work aid service may, in accordance with the provisions of Article L. 125-3 of the Labour Code and in accordance with prescribed procedures, be made available A business in order to carry on an activity outside the institution or service to which they remain attached.
" Art. L. 344-2-5. Article L. 122-2, L. 322-4-7 and L. 322-4-8 of the Labour Code, where a person with a disability as a person with a disability is allowed in an establishment or a work aid service, shall be entitled to, with his agreement or That of his representative, of a convention between the establishment or the service of assistance by work, his employer and, if necessary, the accompanying service to social life. This agreement shall specify the details of the assistance provided by the establishment or the aid service by the work and possibly the accompanying social service to the disabled worker and his employer during the term of the contract. Work within the limit of up to one year renewable twice for the same duration.
" In the event of a breach of this contract of employment or when it is not definitively recruited by the employer at the end of the contract, the person In the establishment or service of assistance by the original work or, failing that, in another institution or service of assistance by the work with which an agreement has been concluded for that purpose. The agreement referred to in the previous paragraph also provides for the arrangements for such reinstatement. "
After Section 5 of Chapter III of Title I of Book III of the Code of Social Action and Families, it is Inserted a section 5 bis that reads:
"Section 5 bis
" Work organization provisions
" Art. L. 313-23-1. -Notwithstanding the provisions of Articles L. 212-1 and L. 220-1 of the Labour Code, a collective labour agreement may provide that, in the establishments and services referred to in 2 °, 3 °, 5 °, 7 ° and, where appropriate, 12 ° of the I of Article L. 312-1 of the present Code which provides accommodation for persons with disabilities, the amplitude of the working days of the employees responsible for accompanying the residents may be up to fifteen hours, without their effective daily working hours exceeding 12 hours. This agreement also lays down minimum counterparties for the employees concerned, in particular in the form of equivalent compensating rest
. Failing agreement, a decree of the Council of State determines the conditions in Which it is possible to derogate from the amplitude of working days within the limits laid down in the first subparagraph and the minimum associated counterparties.
" Art. L. 313-23-2. -Notwithstanding the provisions of Article L. 212-1 of the Labour Code, the daily working hours of employees in charge of accompanying disabled persons in the establishments and services referred to in the 2 °, 3 °, 5 °, 7 ° and 12 ° of the I of Article L. 312-1 of this Code may exceed twelve hours where this is justified by the organisation of the transfers and exits of such persons and if a branch agreement, a professional agreement or an agreement Business or establishment plan to do so.
I. -Article L. 111-7 of the code of construction and housing is replaced by five Articles L. 111-7 to L. 111-7-4 thus written:
" Art. L. 111-7. -The architectural provisions, the interior and exterior accommodation of residential premises, whether owned by private or public persons, institutions receiving the public, facilities open to the public And places of work must be such that these premises and facilities are accessible to all, including persons with disabilities, regardless of the type of disability, including physical, sensory, cognitive, mental or mental, in cases and According to the conditions set out in Articles L. 111-7-1 to L. 111-7-3. These provisions are not mandatory for owners building or improving housing for their own use.
" Art. L. 111-7-1. -Decrees in the Council of State set out the rules on accessibility for persons with disabilities provided for in Article L. 111-7 which must be respected by buildings or parts of new buildings. They specify the specific terms and conditions applicable to the construction of individual
. Measures for the accessibility of housing are assessed within three years of the publication of Act No. 2005-102 of 11 February 2005 for equal rights and opportunities, participation and citizenship of persons with disabilities and an estimate of their financial impact on the amount of rent is carried out in order to consider, if necessary, the answers to be provided To this phenomenon.
" Art. L. 111-7-2. -Decrees in the Council of State set out the accessibility provisions for persons with disabilities referred to in Article L. 111-7 which must be respected by existing buildings or parts of residential buildings when they are the subject of work, In particular according to the nature of the buildings and parts of the buildings concerned, the type of work undertaken and the relationship between the cost of the work and the value of the buildings beyond which those terms and conditions apply. They provide for the conditions under which reasoned derogations may be authorised in the event of technical impossibility or constraints relating to the preservation of the architectural heritage, or where there is a clear discrepancy between the improvements And their consequences. These Orders are made after the advice of the National Advisory Council for Persons with
. In the case of a derogation for a building belonging to an owner having a housing stock exceeding a threshold set by the Decree in the Council of State, persons with disabilities affected by this derogation enjoy a right to be relocated to a building accessible within the meaning of Article L. 111-7, under conditions laid down by the decree in the Council of State Above.
" Art. L. 111-7-3. -Existing institutions receiving the public must be such that any person with a disability can access, circulate and receive the information on them in the open to the public. Information for the public should be disseminated by means adapted to different disabilities.
" Decrees in Council of State set out for these establishments, by type and by category, the accessibility requirements laid down in the Article L. 111-7 and the benefits to be provided to persons with disabilities. To facilitate accessibility, new communication technologies and appropriate signage can be used.
" Institutions receiving existing public will be required to meet these requirements within a time limit set by Order in Council In the Council of State, which may vary by type and category of establishment, without exceeding ten years from the publication of Act No. 2005-102 of 11 February 2005 on equal rights and opportunities, participation and citizenship of the People with disabilities.
" These decrees, taken after the advice of the National Advisory Council for Persons with Disabilities, specify the exceptional derogations that may be granted to institutions receiving the public after the demonstration of the The technical impossibility of making the accessibility or due to constraints related to the conservation of the architectural heritage or when there is a clear disproportion between the improvements made and their consequences.
" These Derogations shall be granted after the assent of the Departmental Advisory Committee on Civil Protection, Safety and Accessibility, and they shall be accompanied by substitution measures for establishments receiving Public and populating a public service mission.
" Art. L. 111-7-4. -A decree of the Council of State lays down the conditions under which, following completion of the work provided for in Articles L. 111-7-1, L. 111-7-2 and L. 111-7-3 and subject to construction permits, the contractor must provide the authority which has Issuing this permit a document attesting to the taking into account of the accessibility rules. This certificate shall be established by a technical controller referred to in Article L. 111-23 or by a natural or legal person meeting the criteria of competence and independence determined by the same decree. These provisions do not apply to owners building or improving their homes for their own use. "
II. -After Article L. 111-8-3 of the same Code, Article L. 111-8-3-1 shall be inserted as follows:
" Art. L. 111-8-3-1. -The administrative authority may decide to close an establishment receiving the public which does not meet the requirements of Article L. 111-7-3. "
III. -Article L. 111-26 of the Code is supplemented by a paragraph worded as follows: '
' In the cases provided for in the first subparagraph, technical control shall also apply to compliance with the rules on accessibility to persons with disabilities. "
IV. -A public authority may not grant a grant for the construction, extension or processing of the large work of a building subject to the provisions of Articles L. 111-7-1, L. 111-7-2 and L. 111-7-3 of the Construction and Construction Code. The unit if the owner has produced a file relating to accessibility. The authority granted a grant will require reimbursement if the contractor is unable to provide it with the attestation provided for in Article L. 111-7-4 of the said code.
V. Training in the accessibility of the built environment to persons Is mandatory in the initial training of architects and professionals in the built environment. A decree in the Council of State specifies the diplomas concerned by this obligation.
Article L. 123-2 of the Code of the Construction and housing is completed with a sentence so written:
" These additional measures must take account of the special needs of disabled persons or persons with reduced mobility. "
I. -The first sentence of the second paragraph of Article L. 151-1 of the Construction and Housing Code and the The first sentence of the first paragraph of Article L. 460-1 of the Urban Planning Code is supplemented by the following words: And, in particular, those concerning accessibility for persons with disabilities, irrespective of the type of disability
. -The code of construction and housing is thus amended:
1 ° A l' article L. 152-1, les " References: L. 111-4, L. 111-7 " Are replaced by references: " L. 111-4, L. 111-7 to L. 111-7-4 " ;
2 ° A l' article L. 152-3, the words: In Article L. 152-4 (second subparagraph) ' Are replaced by the words: " In the first paragraph of Article L. 152-4
. Article L. 152-4 of the Code reads as follows: '
' Art. L. 152-4. -A fine of EUR 45 000 shall be imposed on the users of the ground, the beneficiaries of the works, the architects, the contractors or any other person responsible for carrying out the work, of disregarding the obligations imposed by the Articles L. 111-4, L. 111-7, L. 111-8, L. 111-9, L. 112-17, L. 125-3 and L. 131-4, by regulations made for their application or by authorizations issued in accordance with their provisions. In the event of a repeat offence, the penalty shall be extended to six months imprisonment and a fine of 75,000
. The penalties provided for in the preceding paragraph shall also apply:
" 1 ° In the case of non-execution, within the prescribed time limits, of any ancillary works Development or demolition imposed by the authorizations referred to in the first paragraph;
" 2 ° In the case of non-compliance, by the beneficiaries of authorisations granted for a limited period or on a precarious basis, time limits for the Recovery of the sites in their previous state or the reallocation of the soil to its former use.
" As stated in article L. 480-12 of the town planning code:
" " Without prejudice to the application, where appropriate, of stronger penalties Under Articles 433-7 and 433-8 of the Criminal Code, any person who obstruct the exercise of the right of access provided for in Article L. 460-1 shall be liable to a fine of EUR 3
. "In addition, one month's imprisonment can be pronounced.
" The Persons guilty of one of the offences provided for in this Article also incur the additional penalty of posting or broadcasting, by the written press or by any means of audiovisual communication, of the decision delivered in the Article 131-35 of the Penal Code.
" Legal persons may be declared criminally responsible, under the conditions laid down in Article 121 (2) of the Criminal Code, for infringements of the provisions of Article L. 111-7. Regulations made for its application or authorizations issued in accordance with their provisions. They incur the following penalties:
" (a) The fine, as provided for in article 131-38 of the Penal Code;
" (b) The additional penalty of posting or posting, by the written press or by any means of communication Of the decision delivered under the conditions laid down in Article 131-35 of the same code;
" (c) The additional penalty of prohibition, on a definitive basis or for a period of not more than five years, to exercise directly or indirectly a Or several professional or social activities, in accordance with the procedure laid down in Article 131-48 of the same Code. "
A section 1391 C of the General Tax Code, after the words:" , housing organizations with moderate rent ", are Inserted the words: " Or by mixed economy societies having as their statutory object the realization or management of housing ".
I. -The transport chain, which includes the built environment, roads, public spaces, transport systems and their intermodality, is organised to make it accessible to people in full
10 years from the date of publication of this Act, public transit services shall be accessible to persons with disabilities and mobility impaired.
Authorities Competent for the organisation of public transport within the meaning of Law No. 82-1153 of 30 December 1982 on the orientation of inland transport or the Syndicat des transports d' Ile-de-France provided for in Article 1 of Order No. 59-151 of 7 January 1959 Concerning the organisation of passenger transport in Ile-de-France and, in the absence of organising authority, the State, as well as the operators of aerodromes referred to in Article 1609 quatervicies A of the general tax code and managers Of maritime stations whose list is fixed by order according to the importance of their traffic shall draw up a master plan for the accessibility of the services of which they are responsible, within three years of the publication of this Law.
This scheme sets out the schedule for the accessibility of transport services, within the time limit laid down in the second subparagraph, and defines the methods of accessibility of the different types of transport.
In case Technical impossibility of accessibility of existing networks, means of transport adapted to the needs of disabled persons or persons with reduced mobility must be made available to them. They shall be organised and financed by the transport organising authority normally competent within three years. The cost of alternative transport for disabled users should not exceed the cost of existing public transport.
Underground rail and road transport networks are not subject to the deadline In the second subparagraph, provided that a master plan is drawn up in accordance with the conditions laid down in the third subparagraph and, within a period of three years, set up alternative transport in accordance with the conditions laid down in the preceding
. Within three years of the publication of this Law, public transport authorities shall put in place a procedure for lodging complaints concerning obstacles to the free movement of persons with mobility A
for the accessibility of roads and the development of public spaces shall be drawn up in each municipality on the initiative of the mayor or, where appropriate, the President of the public establishment of inter-communal cooperation. This plan shall lay down in particular the provisions which may make accessible to persons with disabilities and reduced mobility all pedestrian traffic and car parking areas within the territory of the municipality or The public establishment of inter-communal cooperation. This accessibility plan is an integral part of the urban travel plan when it exists.
The granting of public aid for the development of collective transport systems is subject to the consideration of Accessibility.
II. -Any rolling stock acquired during the renewal of equipment or on the occasion of the extension of the networks must be accessible to disabled persons or persons with reduced mobility. Orders in Council, for each category of equipment, will specify how this provision is to be
. -The first paragraph of Article 28 of Law No. 82-1153 of 30 December 1982 on the orientation of inland transport is thus amended:
1 ° After the words: In order to strengthen social and urban cohesion ', are inserted the words: ' And To improve the accessibility of public transport networks to disabled persons or persons with reduced mobility " ;
2 ° It is complemented by two sentences written:
" It also includes a specific annex dealing with accessibility. This Annex sets out the development and operational measures to be implemented in order to improve the accessibility of public transport networks to persons with disabilities and reduced mobility, as well as the corresponding implementation timetable. "
IV. -Act No. 82-1153 of 30 December 1982, as amended:
1 ° In the last paragraph of Article 1, after the word: User ", are inserted the words:" , including persons with reduced mobility or with disabilities, " ;
2. The second subparagraph of Article 2 shall be supplemented by the following words: And in favour of their accompanying persons " ;
3 ° In the second paragraph of Article 21-3, after the words: " Associations of users of public transport " shall be inserted Words: " And in particular associations of persons with disabilities " ;
4 ° In the second paragraph of Article 22, after the words: " Of users, "shall be inserted the words:" And in particular representatives of associations of persons with disabilities " ;
5 ° In the second paragraph of Article 27-2, after the words: Associations of users of public transport " shall be inserted the following words: And in particular associations of persons with disabilities " ;
6 ° In the second paragraph of Article 30-2, After the words: " Associations of users of public transport, ' shall be inserted words: ' And in particular associations of persons with disabilities " ;
7 ° In the first paragraph of Article 28-2, after the words: " Representatives of the professions And users of transport " shall be inserted the following words: As well as associations representing persons with disabilities or reduced mobility ".
V.-In the third paragraph of Article L. 302-1 of the Code of Construction and Housing, the Words: " And to promote social mix " Are replaced by the words: " , to promote social mix and improve the accessibility of the built environment for persons with disabilities
. -The terms of application of this section are defined by Order in Council.
After item L. 2143-2 of the general code of the Territorial communities, it is inserted an item L. 2143-3 thus written:
" Art. L. 2143-3. -In the communes of 5 000 inhabitants and more, a communal committee for accessibility to persons with disabilities is set up, including representatives of the municipality, associations of users and associations representing persons with disabilities. Disabled.
" This committee notes the state of accessibility of the existing built environment, roads, public spaces and transport. It shall prepare an annual report submitted to the City Council and shall make any useful proposals for improving the accessibility of the existing.
" The report submitted to the municipal council shall be transmitted to the representative of the State in Department, to the President of the General Council, to the Advisory Board for Persons with Disabilities, and to all those responsible for the buildings, installations and workplaces affected by the report
The Mayor chairs the Commission and stop the list of its members.
" The Commission also organises a system for identifying the provision of accessible housing for persons with
. Municipalities can set up an intercommunal commission. The latter shall exercise for all the municipalities concerned the tasks of a communal commission. This inter-communal commission is chaired by one of the mayors of the municipalities, who jointly stop the list of its members.
" Where jurisdiction in respect of transport or land use is exercised within an institution Public of inter-communal cooperation, the Committee on Accessibility for Persons with Disabilities should be established with this group. It is then chaired by the President of the institution. The creation of an inter-communal commission is compulsory for public institutions of inter-communal cooperation in the field of transport or spatial planning, since they have a population of 5 000 or more. "
I. -Any natural or legal person who organises or arranges for them vacation activities with a duration of more than five days intended specifically for groups consisting of Persons with disabilities must be granted a licence " Adapted Holidays ". Such authorisation shall be granted by the regional prefect, whose conditions and arrangements for the allocation and withdrawal shall be laid down by decree in the Council of State.
If these activities fall within the scope of Articles 1 and 2 of Act No. 92-645 Of 13 July 1992 laying down the conditions for the exercise of the activities relating to the organisation and sale of travel and stays, that person must also be the holder of the administrative authorisation provided for by that
. Authorisation for establishments and services subject to the authorisation provided for in Article L. 313-1 of the Code of Social Action and of families who organise holidays for their users as part of their
. -The prefect of the department under whose jurisdiction the activities defined in the I can, under conditions laid down by decree in the Council of State, can order the immediate cessation or within the time necessary to organise the return of the Persons received, when these activities are carried out without approval or where the conditions required by the approval are not met. Control is given to health and social affairs inspectors and public health doctors in this
. -The fact of engaging in the activity referred to in the I without the approval or continuation of the organisation of a stay to which he was terminated pursuant to the II shall be punished by a fine of EUR 3 750. Legal persons may be declared criminally liable, under the conditions laid down in Article 121 (2) of the Criminal Code, of the offence defined in this Article
Article 131-38 of the Penal Code, as well as the penalties provided for in the 2 °, 4 ° and 9 ° of Article 131-39 of the Code, as provided for in the Code.
The 4 ° of Article L. 302-5 of the Construction and Housing Code is supplemented by a sentence so written:
" In shelters and homes for life Persons with mental disabilities, the rooms occupied by these persons are counted as social housing units as long as they have an independent living element defined by decree. "
Lessors can move from conventions to specialized institutions or services to :
1 ° Determine the necessary modifications to be made to the accommodation to accommodate the different forms of disability of their tenants;
2. Provide for collaboration to include, in particular, persons with physical disabilities in Their housing on the basis of a personalised project.
After Article L. 221-1 of the urban planning code, it is inserted. Article L. 221-1-1 reads as follows:
" Art. L. 221-1-1. -communes and groups of communes are obliged to include in their urban planning documents the land reserves corresponding to the equipment provided for in the departmental scheme of social and medico-social organization referred to in Article L. 312-4 of the Social Action and Family Code.
" Decrees in the Council of State shall lay down the rules for the application of this Article. "
I. -The code of social action and families is thus amended:
1 ° Chapter VI of Title IV of the book Ier Is titled: " Institutions relating to persons with disabilities " ;
2 ° It is created in this chapter a section 1 entitled: " Consultation of persons with disabilities " Including articles L. 146-1 and L. 146-2.
II. -The provisions of Article 1 of Article 1 of Act No. 2002-303 of 4 March 2002 on the rights of patients and the quality of the health system shall be inserted after the third paragraph of Article L. 146-1 of the Code of Social Action and Families.
III. -Article 1 of Law No. 2002-303 of 4 March 2002 is
. -The provisions of 3 ° of I of this Article shall apply to Mayotte and the French Southern and Antarctic Lands.
V.-In the second paragraph of Article L. 146-2 of the Code of Social Action and Families, the words: Of the Departmental Special Education Committee and Technical Committee on Vocational Guidance and Reclassification " Are replaced by the words: " Of the departmental house of persons with disabilities under Article L. 146-3 ".
VI. -In the penultimate paragraph of the same article, the words: Technical committees for vocational guidance and reclassification, departmental commissions for special education " Are replaced by the words: " Of the commission referred to in Article L. 146-9 ".
Chapter I of Title I of Book II of the Rural Code is supplemented by a section 4 thus Written:
"Section 4
" Educated animals
with people with disabilities
" Art. L. 211-30. -Dogs accompanying persons with disabilities, regardless of the type of disability, motor, sensory or mental, and whose owners justify the education of the animal are exempted from the port of the muzzle in transport, the places Public, the premises open to the public, as well as those for professional, training or educational activities. "
I. -After Chapter IX of Title IV of the book Ier of the Code of Social Action and Families, it is inserted in Chapter X Titled: " National Solidarity Fund for Autonomy ". This chapter includes in particular Articles 9 and 11, II of Article 12 and Article 14 of Act No. 2004-626 of 30 June 2004 on solidarity for the autonomy of the elderly and disabled persons who become, respectively, the Articles L. 14-10-2, L. 14-10-4, L. 14-10-6 and L. 14-10-8 of the Code of Social Action and
. -The second paragraph of Article L. 14-10-2 of the Code is supplemented by the following words: Governed by collective agreements applicable to personnel of social security organizations ".
III. -1. At the beginning of the first paragraph of Article L. 14-10-6 of the Code, the words: Starting in 2004 " Are deleted and the words: " Referred to in the first subparagraph of the 3 ° of the I ' Are replaced by the words: " Referred to in Article L. 14-10-5." At the end of the penultimate paragraph of the same article, the words: Of this II " Are deleted. In the last paragraph of the same article, the words: 3 ° I " Are replaced by the words: " Article L. 14-10-5, and the words: 6 ° I " Are replaced by the words: " VI of the same article " ;
2. In the I of Article L. 14-10-8 of the same Code, the words: The sections referred to in Articles 12 and 13 " Are replaced by the words: " The sections and subsections referred to in Article L. 14-10-5." At the end of II of the same article, the words: Under Article 12 (1) and (3) of Article 13 " Are replaced by the words: " Parts II and III of Article L. 14-10-5 ".
IV. -In the eleventh subparagraph (10 °) of Article L. 3332-2 of the General Code of Local and Regional Authorities, the words: Established by Act No. 2004-626 of 30 June 2004 on solidarity for the autonomy of the elderly and disabled persons " Are replaced by the words: " Referred to in Article L. 14-10-1 of the Code of Social Action and Families ".
V. Articles 8, 10 and 13 of Law No. 2004-626 of 30 June 2004 are hereby repealed. For Article 13, this repeal takes effect as from 1 January 2006.
Chapter X of Title IV of the book Code of social action and families, it is inserted a Article L. 14-10-1 worded as
: Art. L. 14-10-1. -I.-The National Solidarity Fund for Autonomy has for missions:
1 ° To contribute to the financing of support for the loss of independence of the elderly and persons with disabilities, at home and in institutions, in the Respect for equal treatment of data subjects throughout the territory;
" 2 ° Ensure the equitable distribution in the national territory of the total amount of expenditure referred to in Article L. 314-3, in particular by ensuring that Consideration of all needs, for all categories of disabilities;
" 3 ° Ensure a role of technical expertise and proposal for national benchmarks for assessing disability and loss of autonomy, as well as For the methods and tools used to assess individual compensation needs;
" 4 ° Ensure a role of expertise and support in the development of the national schemes referred to in Article L. 312-5 and the programmes Inter-departmental support for disability and the loss of autonomy mentioned in Article L. 312-5-1;
" 5 ° To contribute to the information and advice on technical aids aimed at improving the autonomy of the elderly and To contribute to the assessment of these aids and to ensure the quality of the conditions of their distribution;
" 6 ° Ensure an exchange of experience and information between the departmental houses of the disabled persons mentioned In Article L. 146-3, to disseminate good practices for individual assessment of needs and to ensure fairness in the processing of compensation claims;
" 7 ° To participate, with the other institutions and administrations, in the Identification of anonymized data collection indicators and tools to measure and analyze the loss of independence and compensation needs of older and disabled people;
" 8 ° To participate with the other institutions and Competent authorities, the definition and launch of research actions in the field of prevention and compensation for loss of autonomy;
" 9 ° Ensure cooperation with foreign institutions having the same Object.
" II. -The competent authority of the State shall conclude with the National Solidarity Fund for autonomy a convention of objectives and management with reciprocal commitments by the signatories. Specifically, for the duration of its execution:
" 1. The objectives related to the implementation of the legislative and regulatory provisions governing the jurisdiction of the credit union;
" 2 ° The priority objectives in this area Compensation for the handicaps and loss of autonomy, in particular in terms of creating new places and equipment;
" 3 ° The objectives set out to the competent authorities of the State at local level for the implementation of the provisions of the Article L. 314-3;
" 4 ° The modalities and criteria for evaluating the results achieved in relation to the objectives set;
" 5 ° The rules for calculating and changing the management loads for the lane.
" The objectives and management agreement Is concluded for a minimum period of four years. It shall be signed, on behalf of the credit union, by the Chairman of the Board and the
. III. -A decree sets out the nature and content of the conventions that organise relations between the National Solidarity Fund for self-government and national health and old-age insurance bodies, and in particular regular exchanges Information about the action of the lane. "
In Chapter X of Title IV of the book Ier of the Code of Social Action and Families, it is inserted a Article L. 14-10-3 thus written:
" Art. L. 14-10-3. -I.-The National Solidarity Fund for Autonomy has a board and a director. A scientific council assists the board and the director in defining the orientations and conduct of the operations of the body.
" II. -The board is composed:
" 1 ° Representatives of associations working at national level for persons with disabilities and the elderly;
" 2 ° General advice representatives;
" 3 ° Representatives of organizations National trade unions representing representative employees within the meaning of Article L. 133-2 of the Labour Code and of representatives nominated by national professional employers' organisations;
' 4 ° State representatives;
" 5 ° Parliamentarians;
" 6 ° Vpersonalities and representatives of institutions selected for their qualification in the fields of competence of the body.
" The Chairman of the Board shall be appointed by the Board Referred to in the preceding paragraph. He shall be appointed by order of the Minister responsible for social
. The Director shall attend the meetings of the Board with an advisory
. A decree of the Council of State specifies the composition of the council, the method of appointment of its members and Its operating procedures.
" III. -The board of the National Solidarity Fund for Autonomy determines, through its deliberations:
1 ° Implementation of the guidelines of the objectives and management convention referred to in Article L. 14-10-1 and the guidelines of the Conventions mentioned in III of the same article;
" 2. The objectives to be pursued, in particular within the framework of the conventions with the departments referred to in Article L. 14-10-7, to ensure the equality of individual assessment practices of the Needs and improve the quality of services rendered to persons with disabilities and dependent elderly;
" 3 ° The principles according to which the total annual amount of expenditure referred to in Article L. 314-3 should be allocated;
" 4 ° The orientations of the caisse's reports with other institutions and bodies, whether national or foreign, that operate within its jurisdiction.
" The Board shall be periodically informed by the Director of the implementation of the guidelines That it has defined and formulates, as appropriate, the recommendations it considers necessary for their successful
. The Board also deliberates on the proposal of the Director:
" 1 ° of the cash advance accounts, presented In accordance with Article L. 14-10-5;
" 2 ° The report referred to in VI of this
. IV. -The director of the National Solidarity Fund for Independence is appointed by decree.
" It is responsible for the proper operation of the credit union, prepares the proceedings of the board and implements its execution. In these titles, it takes all necessary decisions and exercises all the competences that are not attributed to another authority.
" It reports to the cash management board.
" The Director shall inform the Board of the Developments liable to result in non-compliance with the objectives determined by the latter.
" In the context of a written adversarial procedure, and in order to ensure compliance with the laws and regulations applicable to the payment of Appropriations to departments, the Director may ask the departments for the explanations and supporting documents necessary for the analysis of the data transmitted to the credit union pursuant to Articles L. 232-17 and L. 247-5.
" The Director represents the In court and in all acts of civil life. It shall sign contracts, conventions and transactions within the meaning of Article 2044 of the Civil Code, shall be the authorising officer of expenditure and revenue of the credit union and shall cover the financial account. It recruits and has authority over staff. It can delegate its signature.
" V.-The Scientific Council may be referred by the Council or the Director of any technical or scientific question which falls within the scope of the body, in particular within the framework of the Missions mentioned at 3 °, 4 ° and 5 ° du I of Article L. 14-10-1.
" The composition of this council and the conditions for the appointment of its members and the arrangements for its operation shall be fixed by decree in the Council of
. VI. -The National Solidarity Fund for Solidarity transmits annually to Parliament and to the Government, by 15 October at the latest, a report presenting the cash balances for the current year and the following year as well as The use of resources allocated to each of the sections referred to in Article L. 14-10-5. This report details in particular the distribution of the competitions paid to the departments under the same article. It shall make an overall diagnosis of the conditions for the assumption of the loss of self-government in the national territory and shall include, where appropriate, any recommendation that the credit union considers necessary. "
I. -After Article L. 312-5 of the Code of Social Action and Families, Article L. 312-5-1 is inserted. Written:
" Art. L. 312-5-1. -For the establishments and services mentioned in the 2 °, 3 °, 5 °, 6 ° and 7 ° of the I of Article L. 312-1, as well as those mentioned in the 11 ° and 12 of the said I which welcome elderly persons or persons with disabilities, the representative of the State in the Region establishes, in liaison with relevant department prefects, and annually updates an interdepartmental programme to support disability and loss of independence.
" This program, for the benefit of the funded benefits On a tariff decision of the competent authority of the State, the priorities for the financing of creations, extensions or transformations of establishments or services at regional
. These priorities are established and updated on the basis of National, regional and departmental social and medico-social organisation schemes referred to in Article L. 312-5. They also ensure that:
" 1 ° Taking into account the guidelines laid down by the representative of the State pursuant to the sixth paragraph of the same article;
" 2 ° A geographically equitable level of accompaniment Forms of disability and dependency;
" 3 ° Support for low-prevalence handicaps, in particular with regard to the provisions of the national schemes for social and medico-social organisation;
4 ° The articulation of health supply and The provision of medico-social services at regional level, to take account in particular of the institutions referred to in Article L. 6111-2 of the Public Health
. The interdepartmental programme is updated to take account of developments in the Departmental social and medico-social organization schemes.
" The interdepartmental programme shall be drawn up and updated by the representative of the State in the region after the opinion of the competent section of the regional committee of the social organization And medico-social. It shall be forwarded for information to the Presidents of the General Council. "
II. -In the fifth paragraph (4 °) of Article L. 313-4 of the Code, the words: Presents an operating cost " Are replaced by the words: " Is compatible, where appropriate, with the interdepartmental programme referred to in Article L. 312-5-1, and Has an operating cost ".
I. -Article L. 314-3 of the Code of Social Action and Families is replaced By two Articles L. 314-3 and L. 314-3-1 thus written:
" Art. L. 314-3. -I.-The financing of the benefits of the institutions and services referred to in Article L. 314-3-1, which is borne by the social security bodies, shall be subject to an expenditure
. This objective is set each year by The Ministers responsible for social security, social action, the economy and the budget, on the one hand, on the one hand, a contribution from the sickness insurance schemes fixed by the same decree within the national expenditure target Sickness insurance voted by Parliament and, on the other hand, the estimated amount of the products referred to in 1 ° and 2 ° of Article L. 14-10-4.
' It takes into account the impact of possible changes in benefit pricing rules, As well as the changes in funding arrangements for the institutions and services concerned.
" On the basis of that objective, and after charging the part referred to in Article L. 162-43 of the Code of Social Security, the same ministers Shall, within 15 days after the publication of the Social Security Funding Law, adopt the total annual amount of expenditure taken into account for the calculation of the total allocations, packages, prices of the day and the rates for the Benefits referred to in the first paragraph.
" II. -The total annual amount referred to in the last paragraph of the I shall be allocated by the National Solidarity Fund for the autonomy of regional limitatives
The amounts of these allocations are based on the needs of the individual Disabled and elderly dependent, as they result from the interdepartmental programmes referred to in Article L. 312-5-1, and the priorities defined at national level in support of disabled persons and the elderly. They integrate the objective of progressive reduction of inequalities in the allocation of resources between regions, and can therefore take into account the activity and the average cost of institutions and services
III. -For those of the establishments and services referred to in Article L. 314-3-1, whose benefit rate is fixed by the representative of the State in the département, in accordance with the priorities of the interdepartmental programme and in a concern The provision of health and social services, the representative of the State in the region, in liaison with the director of the regional hospital agency, the director of the regional health insurance fund and the Representatives of the State in the departments, proposes to the National Solidarity Fund for autonomy a distribution of the regional staffing mentioned in II in the departmental allocations limiting.
" The National Solidarity Fund for Autonomy stops the amount of these allocations.
" Under the same conditions, these departmental allocations may be allocated to allocations to certain categories of beneficiaries or to certain benefits.
" Art. L. 314-3-1. Article L. 314-3, by the National Solidarity Fund for Autonomy:
" 1 ° The establishments and services mentioned in the 2 °, 3 °, b of 5 ° and 7 ° of the I of Article L. 312-1;
" 2 ° Establishments and services referred to in the 11 ° and 12 ° of the I of the same article accommodating persons with disabilities or elderly dependents;
" 3 ° The establishments referred to in 6 ° of the I of Article L. 312-1 of this Code and at 2 ° of Article L. 6111-2 of the Public Health Code. "
II. -At the end of the second subparagraph of Article L. 174-5 of the Social Security Code, the words: Defined in Article L. 174-1-1 of this Code " Are replaced by the words: " Defined in Article L. 314-3 of the Code of Social Action and Families.
I. -It is inserted, in Chapter X of Title IV of Book I of the Code of Social Action and Families, a Article L. 14-10-5 thus written:
" Art. L. 14-10-5. -The National Solidarity Fund for Autonomy retraces its resources and expenses into six distinct sections:
" I.-A section on the financing of social and medico-social institutions or services Referred to in Article L. 314-3-1, which is divided into two subsections.
" 1. The first sub-section relates to the establishments and services mentioned in Article L. 314-3-1 and those of the 2 ° of the same article which mainly cater for persons with disabilities. It retraces:
" (a) In resources, a fraction not less than 10 % and not more than 14 % of the proceeds of the contributions referred to in 1 ° and 2 ° of Article L. 14-10-4, as well as the share of the contribution of the sickness insurance schemes, mentioned In the second paragraph of Article L. 314-3, which is intended for the financing of such establishments or services;
" (b) In charge, reimbursement to the sickness insurance schemes relating to the reception of their members in those Institutions or services.
" 2. The second sub-section relates to the establishments and services mentioned in Article L. 314-3-1 and those of the 2 ° of the same article which mainly cater for the elderly. It retraces:
" (a) In resources, 40 % of the proceeds of the contributions referred to in Articles 1 ° and 2 ° of Article L. 14-10-4, as well as the share of the contribution of the sickness insurance schemes referred to in the second subparagraph of Article L. 314-3, which is For the financing of these institutions or services;
" (b) In charge, the reimbursement to the health insurance plans of the expenses relating to the reception of their affiliates in such establishments or services
Accounting Operations Relating to the products and expenses of this section shall be carried out simultaneously at the close of accounts for the financial year.
" II. -A section devoted to the provision of a personalised self-government allowance referred to in Article L. 232-1. It retraces:
" (a) In resources, 20 % of the proceeds of the contributions referred to in 1 ° and 2 ° of Article L. 14-10-4, the product mentioned in the 4 ° of the same article and the product of the general social contribution mentioned in the 3 ° of the same article, decreased The amount referred to in IV of this Article;
" (b) In charge, a contest paid to the departments within the limits of the resources referred to in a, intended to cover part of the cost of the self-government allocation. The amount of this competition shall be apportioned in accordance with Article L. 14-10-6.
" III. -A section on the provision of compensation referred to in Article L. 245-1. It retraces:
" (a) In resources, a fraction not less than 26 % and not more than 30 % of the proceeds of the contributions referred to in Articles 1 and 2 ° of Article L. 14-10-4;
" (b) Expenses paid to departments within the limits of Resources referred to in the a, intended to cover part of the cost of the compensation benefit and a contest paid for the installation or operation of departmental houses for persons with disabilities. The amounts of these competitions shall be allocated in accordance with the procedures laid down in Article L. 14-10-7
Before the allocation of contributions to the sections referred to in V and VI, all resources for persons with disabilities, i.e. Establishments and services financed by the sub-section referred to in 1 of the I, under this section, shall total 40 % of the proceeds of the contributions referred to in 1 ° and 2 ° of Article L. 14-10-4
IV. -A section on the promotion of innovative actions and the strengthening of the professionalisation of the service professions in favour of the elderly. It retraces:
" (a) In resources, a fraction of the product referred to in Article L. 14-10-4, fixed by joint order of the ministers responsible for social action, social security and budget, which may not be less than 5 % or more than 12 % of this product;
" (b) In charge, the financing of expenditure on modernisation of services or of professionalisation of the professions bringing to the home of elderly persons dependent on assistance in the daily acts of life, thus Expenditure on training and qualification of health care workers recruited as part of the medical measures of the establishments and services referred to in Article L. 314-3-1
Projects funded under this section must Be approved by the competent authority of the State, where appropriate, where appropriate, in the cases and conditions laid down by regulation, the prior opinion of the National Solidarity Fund for
. V.-A section on Financing of other expenditure in favour of persons with disabilities and dependent elderly persons, who trace the financing of other actions falling within the scope of the fund, including expenditure Animation and prevention, and study costs in the fields of caisse action:
" (a) For the elderly, these charges shall be drawn up in a specific sub-section with a fraction, fixed by order of the ministers responsible The elderly and the budget, resources under 2 of I;
" (b) For persons with disabilities, such charges shall be drawn up in a specific sub-section by a fraction, fixed by order of the Ministers responsible for persons Disability and budget, resources provided for in III.
" VI. -A section on cash management fees. The expenses of this section shall be financed by a levy on the resources referred to in paragraphs 1 to 4 ° of Article L. 14-10-4, apportioned between the previous sections in proportion to the amount of resources allocated to
. By derogation In the I of Article L. 14-10-8, carry-overs may be allocated, in whole or in part, to other sections, by order of the Ministers responsible for the elderly, disabled persons and the budget after the advice of the Board of the National Fund Solidarity for autonomy. "
II. -Article L. 14-10-4 of the same code is supplemented by a 5 ° thus written:
" 5 ° The contribution of the sickness insurance schemes mentioned in the second subparagraph of Article L. 314-3. This contribution shall be allocated to the schemes in proportion to the charges attributable to them under Article L. 14-10-5. "
It is inserted, in Chapter X of Title IV of Book I of the Code of Social Action and Families, a Article L. 14-10-7 thus written:
" Art. L. 14-10-7. -I.-The competitions referred to in Article L. 14-10-5 shall be divided between the departments in accordance with the procedure laid down by decree in the Council of State after the opinion of the National Solidarity Fund for autonomy, according to all or all Part of the following criteria:
" (a) The number of beneficiaries in the department, in respect of the previous year, of the compensation provision referred to in Article L. 245-1, corrected, in the case of substantial variation, by the value of that number In previous years. For the years in which this benefit was not or not exclusively in force, this number is increased by the number of beneficiaries of the compensatory allowance referred to in Article L. 245-1 prior to entry into force. Act No. 2005-102 of 11 February 2005 on equal rights and opportunities, participation and citizenship of persons with disabilities;
" (b) The characteristics of the beneficiaries and the individual benefit amounts Compensation that has been paid in respect of the past year, including the number of recipients of high-value allowances;
" (c) The number of beneficiaries of the benefits provided for in Articles L. 341-1, L. 821-1 and L. 821-2 of the Social security;
" (d) The number of beneficiaries of the allowance provided for in Article L. 541-1 of the Social Security Code;
" (e) The adult population of the department whose age is below the limit under Article I L. 245-1 of this code;
" (f) The tax potential, as determined in the manner laid down in Article L. 3334-6 of the General Code for Local and Regional
. The payment of the competition for the installation and operation of the Departmental houses is carried out in accordance with a convention between the National Solidarity Fund for self-government and the department concerned, aimed at defining quality of service objectives for the departmental house of persons Disability and take stock of achievement of previous goals.
" II. -The ratio between, on the one hand, the expenditure incurred in respect of the compensation provision of each department after deduction of the amount allocated in accordance with the I and, on the other hand, their tax potential may not be higher than a rate fixed by Regulatory approach. Spending for the fraction of this report that exceeds this threshold is fully supported by the lane.
" The allocation resulting from the operation defined in the I for departments other than those which benefited from a supplement Appropriations under the preceding paragraph shall be reduced by the sum of the amounts so calculated, in proportion to the allocation made pursuant to that paragraph between those departments.
' The operations described in the preceding two paragraphs Shall be renewed until the expenses borne by each department no longer exceed the threshold defined in the first paragraph of this II. "
I. -The code of social action and families is thus amended:
1 ° In the fourth paragraph of I of Article L. 312-3, the words: Is transmitted, as the case may be, " Are replaced by the words: " Which is transmitted to the National Solidarity Fund for autonomy and, as the case may be, " ;
2 ° In the fourth paragraph of Article L. 312-5, the words: Are Arrested by the Minister for Social Affairs " Are replaced by the words: " Are arrested, on the proposal of the National Solidarity Fund for autonomy when they fall within its remit, by the Minister for Social Affairs " ;
3 ° Before the last paragraph of Article L. 451-1, a paragraph shall be inserted as follows:
" The National Solidarity Fund for Autonomy referred to in Article L. 14-10-1 shall participate in the work relating to the definition and content of the Training for employed and non-salaried personnel involved in the prevention and compensation of disabilities and the loss of autonomy. "
II. -The last paragraph of Article L. 162-17-3 of the Social Security Code is supplemented by the following words: And a representative of the National Solidarity Fund for the Autonomy referred to in Article L. 14-10-1 of the Code of Social Action and Families ".
Care of health insurance is ensured without any distinction related to age or Disability, in accordance with the principles of national solidarity and universality referred to in Article L. 111-1 of the Social Security Code
Chapter VI of Title IV of the book Ier of the Code of Social Action and Families is complemented by two sections 2 and 3 thus written:
" Section 2
"Departmental Houses for People with Disabilities
" Art. L. 146-3. -In order to provide single access to the rights and benefits referred to in Articles L. 241-3, L. 241-3-1 and L. 245-1 to L. 245-11 of this Code and to Articles L. 412-8-3, L. 432-9, L. 541-1, L. 821-1 and L. 821-2 of the Code of Social Security, to all Opportunities to support access to training, employment and referral to institutions and services, as well as to facilitate the efforts of persons with disabilities and their families, is created in each department Departmental for disabled people.
" The departmental house of persons with disabilities carries out a mission of reception, information, support and counselling for persons with disabilities and their families, as well as awareness of All citizens with disabilities. It shall establish and organise the operation of the multidisciplinary team referred to in Article L. l46-8 of the Committee on the Rights and Autonomy of Persons with Disabilities provided for in Article L. 146-9 of the internal conciliation procedure Referred to in Article L. 146-10 and means the referring person referred to in Article L. 146-13. The departmental house of persons with disabilities provides the disabled person and his family with the necessary support for the formulation of his or her life project, the assistance necessary for the implementation of the decisions taken by the Committee on Rights and The autonomy of persons with disabilities, the accompaniment and mediations that this implementation may require. It implements the necessary support for disabled people and their families after the announcement and in the course of their disability.
" For the performance of its missions, the departmental house of persons with disabilities can be supported On communal or intercommunal centres of social action or bodies providing assessment and support services for the needs of persons with disabilities with whom it enters into agreement.
" The departmental house of persons Disability organises coordination activities with other health and social care systems for persons with disabilities.
" A reference for vocational integration shall be designated within each departmental house of the People with disabilities.
" Each departmental house collects and transmits the data referred to in Article L. 247-2, as well as the data relating to the action reserved for the guidelines of the Committee on Rights for Autonomy Persons with disabilities, including institutions and services that may welcome or accompany the persons concerned.
" Art. L. 146-4. -The departmental house for persons with disabilities is a public interest group, whose department provides administrative and financial
. Department, State and local sickness and benefit insurance bodies Of the general social security system laid down in Articles L. 211-1 and L. 212-1 of the Social Security Code are members of the law of this
. Other legal persons may apply for membership, including Legal persons representing the managing bodies of establishments or services intended for persons with disabilities, those providing a coordinating mission in their favour and the other legal persons participating in the financing of the fund Departmental compensation set out in Article L. 146-5 of this Code.
" The departmental house for persons with disabilities is administered by an Executive Board chaired by the President of the General
. In addition to the President, Executive Board includes:
" 1 ° Members representing the department, designated by the President of the General Council, half of the posts to be filled;
" 2 ° Members representing associations of persons with disabilities, appointed By the Conseil départemental consultatif des personnes handicapées, for a quarter of the positions to be filled;
" 3 ° For the remaining quarter of members:
" (a) Representatives of the State designated by the State representative in the department and By the competent Academy Rector;
" (b) Representatives of local sickness insurance and family allowance bodies of the general system, as defined in Articles L. 211-1 and L. 212-1 of the Social Security Code;
" (c) The case Representatives of the other members of the grouping provided for by the agreement constituting the grouping.
" Decisions of the departmental house of persons with disabilities shall be adopted by a majority of the votes. In case of equal division of votes, the voice of the President shall be paramount.
" The head of the departmental house for persons with disabilities shall be appointed by the President of the General
. The constitutive agreement of the specific grouping The terms of membership and withdrawal of the members and the nature of the competitions provided by them
In the absence of signature of the constitutive agreement on 1 January 2006 by all the members provided for in 1 ° to 3 ° above, the President The General Council may decide the entry into force of the Convention between only part of the said members. In the event of a failure by the latter, the representative of the State in the département shall adopt the content of the constitutive agreement in accordance with the provisions of a basic convention defined by decree in the Council of
. Home staff Departmental disabled persons includes:
" 1 ° Staff made available by the parties to the constitutive agreement;
" 2. Where applicable, officials governed by the general status of the public service of the State, of The territorial public service or hospital public service, placed on secondment;
" 3. Where applicable, contract agents governed by public law, recruited by the departmental house of persons with disabilities, and submitted to the Provisions applicable to non-holders of the territorial public service;
" 4. Where applicable, private law contractors recruited by the departmental house of persons with disabilities.
" Art. L. 146-5. -Each departmental house for persons with disabilities manages a departmental disability compensation fund to provide financial assistance to enable persons with disabilities to cope with the compensation costs remaining After deduction of the compensation provision referred to in Article L. 245-1. Contributors to the departmental fund are members of the management committee. This committee is responsible for determining the use of the monies paid by the fund. The departmental house of persons with disabilities shall report to the various contributors to the use of the means of the departmental compensation
. The cost of compensation remaining to the beneficiary of the benefit provided for in Article L. 245-6 shall not, within the limits of the rates and amounts referred to in the first subparagraph of that Article, exceed 10 % of its net personal income from taxes under conditions defined by
. The department, the state, the other Territorial authorities, sickness insurance bodies, family allowance funds, bodies governed by the code of mutuality, the association referred to in Article L. 323-8-3 of the Labour Code, the fund provided for in Article L. 323-8-6-1 of the same code and the other legal entities concerned may participate in the financing of the fund. An agreement between the members of its management committee shall provide for its organisational and operating
. Art. L. 146-6. -Departmental houses for persons with disabilities can work in conjunction with local information and coordination
. Art. L. 146-7. -The departmental house for persons with disabilities provides, for emergency calls, a free telephone number call free for the caller, including from a mobile terminal.
" The departmental house of persons Periodically and disseminates an information booklet on the rights of persons with disabilities and on the fight against abuse
Art. L. 146-8. -A multidisciplinary team evaluates the compensation needs of the disabled person and his permanent disability on the basis of his project of life and references defined by regulation and proposes a personalized compensation plan for the Disability. It means either on its own initiative or when it asks for it, the disabled person, its parents when it is a minor, or its legal representative. As soon as he is capable of discernment, the disabled child himself is heard by the multidisciplinary team. The multidisciplinary team travels to the person's place of life either on its own initiative or at the request of the person with a disability. During the assessment, the person with a disability, his or her parents or legal representative may be assisted by a person of their choice. The composition of the multidisciplinary team may vary depending on the nature of the disability (s) of the person with a disability whose compensation needs or permanent incapacity.
" The multidisciplinary team is seeking to The assistance of the establishments or services referred to in Article L. 312-1 or the centres designated as reference centres for a rare disease or a group of persons concerned, if necessary and when requested by the persons concerned, Rare diseases.
" Art. L. 146-9. -A Committee on the Rights and Autonomy of Persons with Disabilities takes, on the basis of the evaluation carried out by the multidisciplinary team referred to in Article L. 146-8, the wishes expressed by the disabled person or his legal representative In its proposed life and compensation plan under the conditions laid down in Articles L. 114-1 and L. 146-8, decisions relating to all the rights of that person, in particular in respect of the allocation of benefits and In accordance with the provisions of Articles L. 241-5 to L. 241-11.
" Art. L. 146-10. -Without prejudice to the remedies referred to in Article L. 241-9, where a person with a disability, his parents if he or she is a minor, or his or her legal representative, consider that a decision of the committee referred to in Article L. 146-9 does not Rights, they may request the intervention of a qualified person in charge of proposing conciliation measures. The list of qualified persons is established by the departmental house of persons with
. The initiation of a conciliation procedure suspends appeal periods.
" Art. L. 146-11. -It is created within the departmental house of disabled persons a team of care for the nursing care which has for mission:
" 1 ° Assessment of nursing care needs;
" 2 ° Implementation of the Devices to respond to them;
" 3 ° Management of an emergency response service for persons with disabilities.
" This team can be seized by the attending physician with the consent of the person with a disability or by the person Itself. Within 10 days of the filing date of the application package, the team conducts an accurate assessment of the person's nursing care needs and proposes appropriate solutions. In case of failure, it intervenes with existing care services so that a quick solution can be found.
" Art. L. 146-12. -Detailed rules for the application of this section shall be determined by decree in the Council of State.
"Section 3
" Mutual amicable processing of disputes
" Art. L. 146-13. -In order to facilitate the implementation of the rights set out in Article L. 114-1 and without prejudice to the existing remedies, a reference person shall be appointed within each departmental house of persons with disabilities. Its mission is to receive and direct the individual complaints of persons with disabilities or their representatives to the competent authorities and
. Claims involving an administration, a community Territorial, a public institution or any other body invested with a public service mission shall be transmitted by the referring person to the Ombudsman of the Republic, in accordance with his powers as defined by Law No. 73-6 of 3 January 1973 Establishing an Ombudsman of the Republic.
" Claims involving a legal or physical person of private law who is not vested with a public service mission shall be transmitted by the referring person or to the authority Competent or competent inspection and control body.
I. -Article L. 241-3 of the Code of Social action and families are thus written:
" Art. L. 241-3. -A disability card shall be issued on a definitive basis or for a duration determined by the committee referred to in Article L. 146-9 to any person whose permanent disability rate is at least 80 %, appreciated according to defined benchmarks By regulation, or which has been classified as a third category of the social security invalidity pension. In particular, this card makes it possible to obtain a priority of access to seats in public transport, in spaces and waiting rooms, as well as in institutions and public events, both for the holder and the public. For the person accompanying him in his or her travels. It also makes it possible to get a priority in queues. This provision must be recalled by a clear and visible display in the places in which that right is exercised. "
II. -Article L. 241-3-1 of the same code reads as follows:
" Art. L. 241-3-1. -Any person with a disability of less than 80 % making the station standing difficult shall receive, for a specified period, a card marked " Priority for persons with disabilities. This card is issued on request by the committee referred to in Article L. 146-9. It makes it possible to obtain a priority of access to seats in public transport, in spaces and waiting rooms, as well as in institutions and public events. It also makes it possible to get a priority in queues. "
III. -Article L. 241-3-2 of the same code is thus amended:
1 ° The first subparagraph is replaced by two paragraphs thus written:
" Any person, including persons under the Code of Military and Disability Pensions and the victims of the And the Code of Social Security, the impairment of a handicap which significantly and sustainably reduces its capacity and its mobility on foot or which requires that it be accompanied by a third party in its movements, may Receive a parking card for persons with disabilities. This card shall be issued by the prefect in accordance with the opinion of the doctor responsible for the instruction of the
. Organizations using a vehicle for the collective transportation of persons with disabilities may receive a parking card For persons with disabilities. " ;
2 ° It is complemented by a paragraph so written:
" A decree of the Council of State shall lay down the conditions for the application of this Article. "
IV. -The 3 ° of Article L. 2213-2 of the General Code for Local and Regional Authorities reads as
: 3 ° Reserve on public highway or in any other place of parking open to the public of parking spaces fitted to vehicles Used by persons holding the parking card provided for in Article L. 241-3-2 of the Code of Social Action and Families.
After Chapter I of Title IV of Book II of the Code of Social Action and Families, it is inserted a chapter Ier bis thus written:
" Chapter Ier bis
"
Rights Commission and People with Disabilities Commission
" Art. L. 241-5. -The Committee on the Rights and Autonomy of Persons with Disabilities includes representatives of the department, State services, social protection bodies, trade unions, associations of parents of pupils And, for at least one third of its members, representatives of persons with disabilities and their families designated by representative associations, and a member of the departmental advisory council for persons with disabilities. Representatives of institutions or service managers sit on the panel with an advisory voice.
" The chairman of the committee shall be appointed every two years by the members of the committee within it.
" The Committee on the Rights and Autonomy of Persons with Disabilities sits in plenary session and can be organised in local or specialised
. When sections are formed, they must be included among their members One third of representatives of persons with disabilities and their families.
" The decisions of the committee shall be taken after the votes of the members of the committee. The rules and rules of majority voting, which may be specific to each decision according to its nature, are fixed by decree in the Council of State. Where the decision concerns the award of the compensation benefit, the majority of the votes shall be held by the representatives of the General
. The Committee on the Rights and Autonomy of Persons with Disabilities may adopt Conditions laid down by decree in the Council of State, a simplified decision-making procedure and appoint within its members the members entitled to implement it, except as opposed to the disabled person concerned or his or her legal
. Art. L. 241-6. -I.-The Committee on the Rights and Autonomy of Persons with Disabilities is responsible for:
" 1 ° pronounce on the orientation of the disabled person and the measures necessary to ensure his/her inclusion in school or work and social ;
" 2 ° Designate establishments or services corresponding to the needs of the child or young person or to the rehabilitation, education, reclassification and reception of the disabled adult and able to receive it;
" 3 ° Evaluate:
" (a) If the condition or rate of disability of the person with a disability justifies the allocation, for the child or the adolescent, of the allowance and, if any, the complement referred to in Article L. 541-1 of the Social Security Code, The gross-up referred to in Article L. 541-4 of the same Code, as well as the disability card and the card bearing the reference: " Priority for disabled persons provided for in Articles L. 241-3 and L. 241-3-1 of this Code and, for The adult, the allowance provided for in Articles L. 821-1 and L. 821-2 of the social security code and of the additional resources provided for in Article L. 821-1-1 of the same code, as well as the invalidity card and the card marked: " Priority For disabled persons provided for in Articles L. 241-3 and L. 241-3-1 of this Code;
" (b) If the compensation needs of the child or the disabled adult justify the award of compensation in the Conditions laid down in Article L. 245-1;
(c) If the work capacity of the disabled person justifies the allocation of the additional resources referred to in Article L. 821-1-1 of the Social Security Code;
" 4 ° Recognize, if any Place, the quality of disabled worker for persons meeting the conditions laid down in Article L. 323-10 of the Labour Code;
5 ° Statuing on the accompaniment of persons with disabilities who are over sixty years old in the Adult disability structures.
" II. -The decisions of the committee are, in all cases, reasoned and subject to periodic review. The periodicity of this revision and its procedures, in particular with regard to the reversible or non-reversible nature of disability, shall be fixed by
. III. -When it decides on the direction of the disabled person and where it designates the institutions or services which are likely to receive it, the Committee on the Rights and Autonomy of Persons with Disabilities is obliged to propose to the Person with a disability or, where appropriate, his or her parents or legal representative, a choice between several adapted solutions.
" The decision of the committee taken under 2 ° of the I shall be binding on any establishment or service within the limits of the Specialty for which he was authorized or authorized.
" Where the parents or legal representative of the child or adolescent with a disability or the disabled adult or his or her legal representative make known their preference for an establishment Or a service falling within the category of those to which the Commission has decided to direct and in a position to receive it, the Commission shall be required to include that establishment or service in the number of those it designates, irrespective of whether Its location.
" Exceptionally, the Commission may designate a single establishment or service.
" When the status or situation warrants, the disabled adult or his or her legal representative, the parents or the The legal representative of the disabled child or adolescent or the institution or service may request a review of the direction decision taken by the committee. The establishment or service may not terminate, on its own initiative, support without the prior decision of the
. Art. L. 241-7. -The disabled adult person, if any, his legal representative, the parents or the legal representative of the child or adolescent with disabilities are consulted by the Committee on the Rights and Autonomy of Persons with Disabilities. They can be assisted by a person of their choice or be represented.
" The Commission shall check whether the disability or any of the handicaps before it is low-prevalence and, if so, the multidisciplinary team has Consulted as required by the specialized expertise referred to in Article L. 146-8 and took account of its opinion.
" Art. L. 241-8. -Provided that the conditions for entitlement to benefits are met, the decisions of the bodies responsible for the assumption of costs incurred in the institutions and services and those of the bodies responsible for payment of the Allowances and their supplements provided for in Articles L. 541-1 and L. 821-1 to L. 821-2 of the Social Security Code and the compensation provision provided for in Article L. 245-1 of this Code shall be taken in accordance with the decision of the Committee The rights and autonomy of persons with disabilities.
" The body may not refuse to take responsibility for the establishment or the service, provided that it is one of those designated by the committee, for which the parents or the The legal representative of the child or adolescent with a disability manifesto their preference. It may grant interim support before any decision by the Commission.
" Art. L. 241-9. -Decisions falling within 1 ° of the I of Article L. 241-6 in respect of a disabled child or adolescent, as well as those relating to the 2 ° and 3 ° of the I of the same article, may be appealed to the court of technical dispute Social security. This remedy, open to any person and organisation concerned, has no suspensive effect, except when it is brought by the disabled person or his legal representative against the decisions of 2 ° du I of Article L. 241-6.
" Decisions under 1 ° of the same article, taken in respect of an adult with a disability, and of 4 ° of the I of the said article may be appealed to the administrative
. Art. L. 241-10. -The members of the multidisciplinary team and of the committee referred to in Articles L. 146-8 and L. 146-9 shall be kept in professional secrecy under the conditions laid down in Articles 226-13 and 226-14 of the Penal
. Art. L. 241-11. -Unless otherwise provided, the detailed rules for the application of this section shall be determined by decree in the Council of State. "
I. -In the second paragraph of Article L. 121-4 of the Code of Social Action and Families, the words: And article L. 323-11 of the Labour Code, reproduced in article L. 243-1 of this Code " Are replaced by the words: " And Article L. 146-9 ".
II. -Chapter II of Title IV of Book II of the same Code is thus amended:
1 ° It is entitled: Children and youth with disabilities " ;
2 ° Section 1 and Section 2 are a section 1 entitled: " Education and accompaniment of Children and adolescents with disabilities " ;
3 ° Article L. 242-1 reads as follows:
" Art. L. 242-1. The rules on the education of children and adolescents with disabilities are set out in Articles L. 112-1 to L. 112-4, L. 351-1 and L. 352-1 of the Education Code. " ;
4 ° Articles L. 242-2, L. 242-3 and L. 242-5 to L. 242-9 are repealed;
5 ° Article L. 242-4 is amended as follows:
a) The words: Special Education Institution " Are replaced by the words: " Establishment or service mentioned At 2 ° du I of Article L. 312-1 ;
b) Words: " Technical Guidance and Professional reclassification Committee " Are replaced by the words: " Committee referred to in Article L. 146-9 " ;
c) Words: " In accordance with article L. 323-11 of the Labour Code, reproduced in article L. 243-1 of this Code, " Are deleted;
d) Words: " Joint decision of the departmental special education committee and the technical committee for guidance and reclassification Professional " Are replaced by the words: " Decision of the committee referred to in Article L. 146-9 sitting in plenary session ;
e) It is supplemented by three sub-paragraphs:
" Every two years, the State representative In the Department address to the President of the General Council and to the Consultative Council of Persons with Disabilities, a report on the application of this Article. This report shall also be transmitted, with the observations and recommendations of the Conseil départemental consultatif des personnes handicapées, to the national council referred to in Article L. 146-1.
" Any disabled person or his or her legal representative The right to information on the guarantees given to it by this Article. This information shall be given to him by the committee referred to in Article L. 146-9 at least six months before the age limit referred to in the second
. In the light of the above-mentioned biennial report, all provisions are made in sufficient depth and Quality to create, according to multi-annual programming, the institutional places necessary for the reception of young people with disabilities over the age of twenty. " ;
6 ° In the first paragraph of Article L. 242-10, the words: Special and vocational education " Are replaced by the words: " Or services mentioned in 2 ° du I of Article L. 312-1 " ;
7 ° The last paragraph of Article L. 242-12 is Thus written:
" A decree shall lay down the conditions for the application of this Article and, in particular, the categories of medical and educational institutions concerned. "
8 ° Section 3 is renumbered as section 2 and is entitled: Education allowance for the disabled child " ;
9 ° Article L. 242-14 reads as follows:
" Art. L. 242-14. -The rules on the educational allowance of the disabled child shall be laid down in the provisions of Articles L. 541-1, L. 541-2, L. 541-3 and L. 541-4 of the Social Security Code. ;
10 ° Section 4 and its single item are
III. -In 2 ° I of Article L. 312-1 of the same code, the words: And special education " Are deleted.
IV. -In the fourth paragraph of Article L. 421-10 of the Code, the words: In special education establishment " Are replaced by the words: " In an establishment or service referred to in 2 of I of Article L. 312-1 ".
V.-In Chapter III of Title IV of Book II of the Code, Articles L. 243-1 to L. 243-3 are repealed. The subdivision of the chapter into sections is deleted.
The social security code is thus modified:
1 ° Chapter I of Title IV of Book V is entitled: Education allowance for the disabled child " ;
2 ° Aux Articles L. 241-10, L. 333-3, L. 351-4-1, L. 381-1, L. 511-1, L. 541-1, L. 541-3, L. 542-1, L. 544-8, L. 553-4 and L. 755-20, the words: " Special education allowance " Are replaced by the words: " Education allowance for the disabled child " ;
3 ° 3 ° of article L. 321-1 is thus written:
" 3 ° The cover, by decision of the committee referred to in Article L. 146-9 of the Code of Social Action and Families, the costs of accommodation and treatment of children or adolescents with disabilities in the institutions mentioned in 2 ° and 12 ° of the I of Article L. 312-1 of the same code, as well as the costs of Of the State pursuant to Articles L. 112-1 to L. 112-4, L. 123-4-1, L. 351-1 to L. 351-3 and L. 352-1 of the Code of Education; " ;
4 ° The third paragraph of Article L. 541-1 reads as follows:
" The same allowance and, where applicable, its complement may be allocated, if the child's permanent disability, without reaching the percentage mentioned in the The first subparagraph shall nevertheless remain equal to or greater than a minimum, in the case of the child attending an establishment mentioned in 2 ° or 12 ° of the I of Article L. 312-1 of the Code of Social Action and of the families or in the case of the child's condition Requires the use of an adapted or accompanying device within the meaning of Article L. 351-1 of the code of education or care within the framework of the measures advocated by the committee referred to in Article L. 146-9 of the Code of Social Action and of the Families. " ;
5 ° Article L. 541-2 reads as follows:
" Art. L. 541-2. -The allocation and its possible complement shall be allocated in the light of the decision of the committee referred to in Article L. 146-9 of the Code of Social Action and of families appreciating whether the condition of the child or the young person justifies this allocation
" Where the person in charge of the disabled child does not comply with the measures recommended by the committee, the allowance may be suspended or deleted under the same conditions and after hearing the person on his request. " ;
6 ° inserted an article L. 541-4 thus written:
" Art. L. 541-4. -Any isolated person benefiting from the allowance and his or her supplement referred to in Article L. 541-1 and assuming sole responsibility for a child with a disability whose condition requires the use of a third party is entitled to a specific increase for Lone parent of disabled child paid under conditions prescribed by decree.
" The National Solidarity Fund for Autonomy pays the National Family Benefits Fund, managed by the National Fund for Family Benefits, a Grant corresponding to the amounts paid in respect of the mark-up referred to in the preceding paragraph. "
The beginning of the 2 ° of article L. 381-1 of the social security code so written:
" 2 ° Or assuming, in the family home, the burden of a disabled adult person, the commission of which is provided for in Article L. 146-9 The code of social action and families recognises that the condition requires assistance or a presence defined in conditions laid down by decree and whose permanent disability rate is at least equal to the above mentioned rate, as soon as That person with a disability is his or her spouse, his or her partner, the person with whom it has concluded a civil pact of solidarity or its ascendant, descendant or collateral, or the ascendant, descendant or collateral of one of the members of the couple. Disputes ... (the rest without change). "
The job code is thus modified:
1 ° In Articles L. 122-32-1 and L. 323-3, the words:" In Article L. 323-11 " Are replaced by the words: " In Article L. 146-9 of the Code of Social Action and Families " ;
2 ° A l' article L. 832-2, the words: Technical Guidance and Professional reclassification Committee " Are replaced by the words: " Committee referred to in Article L. 146-9 of the Code of Social Action and Families ;
3 ° Article L. 323-10 reads as follows:
" Art. L. 323-10. -is considered to be a disabled worker within the meaning of this section any person whose opportunities for obtaining or maintaining employment are effectively reduced as a result of the alteration of one or more physical, sensory, Mental or psychic.
" The quality of disabled worker is recognised by the committee referred to in Article L. 146-9 of the Code of Social Action and
. The orientation in an establishment or service referred to in the 5th of the Article L. 312-1 of the same Code applies to the recognition of the quality of disabled workers. " ;
4 ° Articles L. 323-13 and L. 832-10 are repealed
The Election Code is thus amended:
1 ° Article L. 5 reads as follows:
" Art. L. 5. -Major placed under guardianship may not be registered on the lists of electors unless they have been authorized to vote by the guardianship judge. " ;
2 ° Article L. 200 reads as follows:
" Art. L. 200. -Cannot be elected the major under guardianship or under guardianship. " ;
3 ° A l' article L. 199, reference: " L. 5, " Is deleted;
4 ° 2 ° of article L. 230 reads as follows:
" 2 ° Major placed under guardianship or under guardianship; ".
After the third paragraph of Article L. 57-1 of the Election Code, it is inserted a paragraph so written:
" -enabling electors with disabilities to vote Independently, regardless of their disability; ".
After Article L. 62-1 of the Election Code, an article shall be inserted L. 62-2 thus written:
" Art. L. 62-2. -Offices and voting techniques must be accessible to persons with disabilities, regardless of the type of disability, such as physical, sensory, mental or mental, under conditions laid down by decree. "
I. -Law No. 86-1067 of 30 September 1986 on freedom of communication is thus
: Thirteenth paragraph (5 ° bis) of Article 28 reads as follows:
" 5 ° bis The substantial proportions of programmes which, by means of special arrangements and in particular at prime time, are accessible to persons who are deaf or Hard of hearing. For services whose annual average hearing exceeds 2.5 % of the total hearing of television services, this obligation shall apply, within a maximum period of five years following the publication of Act No. 2005-102 of 11 February 2005 for equality Rights and opportunities, participation and citizenship of persons with disabilities, in all their programmes, with the exception of advertising messages. The Convention may, however, provide for derogations justified by the characteristics of certain programmes. For local television services, the Convention may provide for relief of adaptation obligations; '
2 ° After the third subparagraph of Article 33-1, a paragraph shall be inserted as follows:'
' The Convention shall include On the proportions of programmes which are made accessible to persons who are deaf or hard of hearing, in particular by ensuring access to the diversity of programmes; Broadcast. For services whose annual average hearing exceeds 2.5 % of the total hearing of television services, this obligation shall apply, within a maximum period of five years following the publication of Act No. 2005-102 of 11 February 2005 for equality Rights and opportunities, participation and citizenship of persons with disabilities, in all their programmes, with the exception of advertising messages. The Convention may, however, provide for derogations justified by the characteristics of certain programmes. " ;
3 ° The third paragraph of I of Article 53 is supplemented by the following words: " As well as the commitments to ensure, within five years of the publication of Act No. 2005-102 of 11 February 2005 for equal rights and Opportunities, participation and citizenship of persons with disabilities, accommodation for persons who are deaf or hard of hearing of all television programs broadcast, with the exception of commercials, subject to Derogations justified by the characteristics of certain programmes " ;
4 ° After item 80, an article 81 has been re-established as follows:
" Art. 81. - With regard to the adaptation of programmes to persons who are deaf or hard of hearing and for the application of Article 28 (5) bis, the fourth paragraph of Article 33 (1) and the third subparagraph of Article 53, the Higher Council of Each year, the National Advisory Council for Persons with Disabilities referred to in Article L. 146-1 of the Code of Social Action and Families. This consultation shall include, inter alia, the content of the obligations for captioning and the use of the French sign language in the conventions and contracts of objectives and means, on the nature and scope of justified derogations The characteristics of certain programs and the commitments made by service publishers to persons who are deaf or hard of hearing. "
II. -Within a period of one year from the date of publication of this Law, the Government shall submit to Parliament a report presenting the means for developing the audio description of television programmes at the level of production and And a plan to implement these recommendations.
After Section 3 of Chapter II of Title I Book III of the second part of the code of education, a section 3 bis reads as follows:
"Section 3 bis
" Teaching Sign Language
" Art. L. 312-9-1. -French Sign Language is recognized as a language in its own right. Any pupil concerned must be able to receive instruction in the French sign language. The Higher Council of Education shall promote its teaching. It shall be kept regularly informed of the conditions of its evaluation. It may be selected as an optional test for examinations and competitions, including those for vocational training. Its dissemination in the administration is facilitated. "
Before the administrative, civil and criminal courts, any deaf person benefits from the Appropriate communication of its choice. These costs shall be borne by the State.
Where the circumstances so require, technical assistance shall be made available to visually impaired persons to have access to the documents in the file in accordance with the procedure laid down by means of
aphasic persons may be accompanied in the courts by a person of their choice or professional, taking into account their communication difficulties related to a total or partial loss of language.
I. -In order to guarantee the exercise of free movement and to adapt the new tests of driving licences to the Persons who are deaf and hard of hearing, an interpreter or sign language mediator will be present at the theoretical and practical tests of the driving licence for light vehicles (licence B) at specialized sessions for deaf persons, including The minimum frequency will be fixed by decree.
II. -In order to allow candidates to follow the explanations of the interpreter or the mediator in sign language, it will be granted, during the theoretical examinations, the necessary time, defined by decree, to the proper understanding of the translations between the two Candidates and the translator.
In their relations with public services, whether they are managed by the state, the local authorities or an organisation representing them, as well as by private persons entrusted with a service mission Public, hearing impaired persons shall, at their request, receive a simultaneous or visual written translation of any oral or aural information concerning them in accordance with prescribed procedures and time
. Appropriate communication may include the written transcription or intervention of an interpreter in the language of the French sign or of a coder in spoken language.
A decree also provides for the access of persons Hearing impaired for emergency telephone services.
Within one year of the publication of the Legislation, the Government will present a business plan, which will aim to promote the complementarity of medical, social and educational interventions for the benefit of the child, adolescent and adult with a disability or Disabling health disorder.
This business plan will address the need for recognition of emerging functions, the requirement for job forecasting, and the need to provide initial and ongoing training in the future. Different fields of activity.
It will take into account the roles of family caregivers, community volunteers and attendants.
After Chapter VI of Title IV of Book II of the Code of Social Action and Families, it is inserted a Chapter VIII as follows:
" Chapter VIII
"Family caregivers training
" Art. L. 248-1. -Decrees in the Council of State define the modalities of training that can be provided to family carers, voluntary associations and non-professional escorts working with persons with disabilities.
I. The title of Title VI of Book III of the fourth Part of the Public Health Code reads as follows: Professions of audioprothetist, optician-lunetier, prothetist and orthetist for the apparatus of persons with disabilities ".
II. -Title VI of Book III of Part Four of the same Code is supplemented by a Chapter IV thus written:
"Chapter IV
" Prothetists and Orthotists for
for disabled people
" Art. L. 4364-1. -May exercise the professions of prosthetists or orthetists any person who makes, by medical prescription, the apparatus necessary for persons with disabilities and who can justify a course attested by a diploma, title or Certificate or have professional experience and comply with rules for the issue of equipment. The conditions of application of this Article shall be defined by decree.
" The illegal practice of these professions exposs offenders to the criminal provisions laid down in Chapter III of this Title. "
The II of Article L. 312-1 of the Code of Social Action and Families is supplemented by a paragraph worded as follows:
" The associations which organise the intervention of volunteers in public or private social and medical institutions must enter into a convention with these institutions which determines the procedure for this intervention. "
After the first sentence of the first subparagraph of Article 2-8 of the Code of Criminal Procedure, a sentence is inserted Written:
" In addition, where public action has been put in motion by the public prosecutor or the injured party, the association may exercise the rights granted to the civil party with regard to voluntary infringements of life, Attacks on physical or mental integrity, assaults and other sexual abuse, neglect, abuse of vulnerability, hazing, extortion, fraud, destruction and degradation, and non-disclosure of bad Treatments, as provided in sections 221-1 to 221-5, 222-1 to 222-18, 222-22 to 222-33-1, 223-3 and 223-4, 223-15 -2, 225-16-2, 312-1 to 312-9, 313-1 to 313-3, 322-1 to 322-4 and 434-3 of the Criminal Code when committed because of health status or Disability of the victim. "
I. -Article L. 313-16 of the Code of Social Action and Families is thus amended:
1 ° In the first subparagraph, The words: " The State Representative in the Department " Are replaced by the words: " The authority that issued the authorization " ;
2 ° It is complemented by two sub-paragraphs:
" Where the authority that issued the authorization is The President of the General Council and in the event of a failure by the General Council, found under conditions laid down by decree in the Council of State, the representative of the State in the department may, after remaining without result, declare the closure The institution or service.
" Where the establishment or service is subject to a joint authorisation by the competent authority of the State and the President of the General Council, the decision to close that establishment or service shall be Jointly adopted by these two authorities. In case of disagreement between the two authorities, the closure decision may be taken by the State representative in the department. "
II. -1. In the first paragraph of Article L. 313-17 of the Code, the words: The State representative in the department " Are replaced by the words: " The authority which issued the authorisation ', and at the beginning of the second subparagraph, the words: ' It can put In effect the procedure " Are replaced by the words: " It can implement the procedure ".
2. In the first sentence of the second subparagraph of Article L. 313-18 of the Code, the words: The State representative in the department " Are replaced by the words: " The authority that issued it ".
III. -At the beginning of Article L. 331-5 of the Code are inserted the words: Without prejudice to the application of the provisions of Article L. 313-16 ".
I. -The I of Article 199 f of the General Tax Code is thus amended:
1 ° In the first paragraph, the amounts: 1,070 EUR " And " 230 EUR " Are replaced by the amounts respectively: " 1 525 EUR " And " 300 EUR " ;
2 ° 1 ° is thus written:
" 1 ° Premiums for insurance contracts in the event of death, where such contracts guarantee the payment of a capital or a life annuity to a child or any other parent online Direct or collateral to the third degree of the insured person, or to a person deemed to be in charge of the insured under Article 196 A bis, and where those beneficiaries are suffering from an infirmity which prevents them from being engaged in Normal profitability, professional activity or, if they are less than eighteen years of age, to acquire a vocational education or training of a standard level; "
3 ° 2 °, the words:" The fraction of the premiums Representative of the related savings operation " Are replaced by the words: " The related premiums ".
II. -The provisions of the I apply from the 2004 income tax.
III. -The last paragraph of Article L. 132-3 of the Insurance Code is supplemented by the following words: Reimbursement of the only amount of premiums paid, in accordance with a life insurance contract, for the benefit of one of the persons mentioned in the First subparagraph above. "
I. -The title of Title II of Book VII of the Education Code reads as follows: Teacher training institutions ".
II. -Title II of Book VII of the same Code is supplemented by a Chapter III worded as follows:
"Chapter III
" Missions and organization of the training institution for staff for adaptation And School Integration
" Art. L. 723-1. -The initial and continuing vocational training of staff contributing to the mission of adaptation and school integration of disabled children and adolescents mentioned in Title V of Book III is entrusted to a national public institution Administrative character placed under the supervision of the minister responsible for higher education and the minister responsible for education
This institution is administered by a board of directors and headed by a director appointed by order of the Ministers mentioned above. The Administrative Board shall comprise representatives of the State, qualified persons, representatives of public institutions of higher education and local and regional authorities, and elected representatives of staff and staff. Users. He is assisted by a scientific and educational council.
" A decree establishes the terms of reference, arrangements for organisation and operation, and the composition of the board of directors of that institution. "
III. Article 13 of Law No. 54-405 of 10 April 1954 on the development of appropriations for the expenditure of the Ministry of National Education for the financial year 1954 is repealed.
I. Article L. 232-17 of the Code of Social Action and Families reads as follows: '
' Art. L. 232-17. -In order to feed an information system organized by decree taken after the opinion of the National Commission on Informatics and Freedoms, each department transmits to the minister responsible for the elderly:
" -relative accounting data The net expenditure on self-government allocation to the National Solidarity Fund for autonomy referred to in Article L. 14-10-1;
" -statistical data on the development of the custom allocation device And the activities of the medical and social teams and the monitoring of the conventions referred to in Articles L. 232-3 and L. 232-13 respectively. "
II. -Title IV of Book II of the same code is supplemented by a Chapter VII as follows:
"Chapter VII
" Management and statistical monitoring
" Art. L. 247-1. -The National Solidarity Fund for Autonomy is the recipient, under conditions laid down by decree, of the accounting data relating to the net expenditure of the compensation provision referred to in Article L. 245-1 and those relating to The activity of the departmental disability compensation funds defined in Article L. 146-5.
" Art. L. 247-2. -Within the framework of an information system organized by decree taken after the opinion of the National Commission on Informatics and Freedoms, the departmental houses of persons with disabilities transmit to the National Solidarity Fund for Autonomy, in addition to the data referred to in Article L. 146-3, of the data:
" -relating to their activity, in particular with regard to the assessment of needs, the appraisal of applications and the implementation of decisions taken;
-relating to Multi-disciplinary teams and commissions of rights and autonomy;
" -relating to the characteristics of the persons concerned;
" -aggregate concerning the decisions referred to in Article L. 241-6.
" Art. L. 247-3. -Aggregate data on payments made following a decision by the committee referred to in Article L. 146-9 and on the characteristics of their beneficiaries shall be transmitted by the bodies responsible for those benefits to the Minister responsible for disabled persons under conditions laid down by decree.
" Art. L. 247-4. -The individual information relating to the persons concerned by the decisions of the committee referred to in Article L. 146-9 relating to benefits paid pursuant to those decisions shall be transmitted to the Minister responsible for persons with disabilities, Under conditions laid down by regulation, for the purpose of establishing statistically representative samples for the study of the situations and pathways of insertion of the persons included in these samples, in accordance with the Provisions of Article 7a of Act No. 51-711 of 7 June 1951 on the obligation, coordination and secrecy of statistics and the provisions of Act No. 78-17 of 6 January 1978 relating to computers, files and Freedoms.
" Art. L. 247-5. -The results of the operation of the data collected in accordance with Articles L. 247-3 and L. 247-4 shall be transmitted by the Minister responsible for persons with disabilities to the National Advisory Council for Persons with Disabilities referred to in Article L. 146-1, to the National Observatory on Training, Research and Innovation on Disability created in Article L. 114-3-1 and the National Solidarity Fund for Autonomy. The Minister ensures regular publication.
" Art. L. 247-6. -The modalities of exchange between the Ministers responsible for the elderly and disabled, work and national education and the National Solidarity Fund for autonomy, information relating to the elderly and the elderly Persons with disabilities to whom they are addressed shall be laid down in the Annex to the Agreement on Objectives and Management referred to in Article L. 14-10-1
Art. L. 247-7. -Aggregate data and comparative analyses carried out by ministers in charge of elderly and disabled persons, work and national education and the National Solidarity Fund for self-government, relating to the Elderly persons and persons with disabilities, are provided to departments and, in the case of persons with disabilities, to departmental homes for persons with disabilities. "
Articles 27, 28 and 29 of Act No. 75-534 of 30 June 1975 on guidance for persons with disabilities are
I. -The title of Chapter VI of Title IV of Book II of the Code of Social Action and Families is thus Written: " People with autistic syndrome and people with polydisabilities ".
II. -Article L. 246-1 of the same code is thus amended:
1 ° In the last paragraph, the words: And having regard to the available means " Are deleted;
2 ° It is complemented by a paragraph so written:
" The same is true for those affected Polyhandicap. "
Article L. 1141-2 of the Public Health Code is thus amended:
1 ° In the first subparagraph, after the words: " By virtue of their state of health ", are inserted the words:" Or a disability " ;
2 ° In the second paragraph, after the words: " Of his state of health ' shall be inserted the words: ' Or its disability ".
The Government is authorized, under the conditions laid down in Article 38 of the Constitution, to take within twelve months, by orders, the Measures of a legislative nature in order to make applicable to Mayotte, New Caledonia, French Polynesia, Wallis and Futuna and the French Southern and Antarctic Lands, with the necessary adaptations, the provisions of the The
ordinances shall be submitted for opinion:
1 ° Where their provisions relate to Mayotte, to the General Council of Mayotte under the conditions laid down In Article L. 3551-12 of the General Code of Territorial Communities;
2 ° Where their provisions relate to New Caledonia, to the competent institution under the conditions laid down by Organic Law No. 99-209 of 19 March 1999 Relating to New Caledonia;
3 ° Where their provisions relate to French Polynesia, to the competent institution in accordance with the conditions laid down in Organic Law n ° 2004-192 of 27 February 2004 on the Statute of Autonomy of the French Polynesia;
4 ° When their provisions are related to Wallis and Futuna Islands, to the territorial assembly of Wallis and Futuna Islands.
For each order, a bill of ratification is introduced in Parliament in a Six months after publication.
This Act applies to Saint-Pierre-et-Miquelon, with the exception of Articles 14, 30, 41, 43, 44, III to V of Article 45, Articles 46, 49, 50, IV of Article 65 and those of I and II of Article 85, and subject to the following adaptations:
1 ° The single Chapter of Title III of the Book V of the Code of Social Action and Families is supplemented by Article L. 531-7 thus written:
" Art. L. 531-7. -I.-For the application to Saint-Pierre-et-Miquelon of the seventh paragraph of Article L. 245-6, the words " referred to in the second paragraph of the I of Article 199 septies of the General Tax Code shall be
. II. -For the application in Saint-Pierre-et-Miquelon of the first sentence of Article L. 241-9, the words: "jurisdiction of the technical dispute of social security shall be replaced by the words:" jurisdiction of common
. III. -For the application to Saint-Pierre-et-Miquelon of Article L. 146-3, the reference: " and L. 432-9 is deleted. " ;
2 ° After the eighth paragraph of Article L. 531-5 of the same code, two sub-paragraphs are inserted:
" - "departmental house for persons with disabilities" by "home of persons with disabilities;
" - " advice "Consultative Territorial Council for Persons with Disabilities". " ;
3 ° After the second subparagraph of Article L. 251-1 of the Education Code are inserted five paragraphs thus written:
" For the purposes of this Code in Saint-Pierre-et-Miquelon, the words listed below are replaced With the following words:
" - "the department by" the community of Saint-Pierre-et-Miquelon;
" - "regional prefect and" prefect of department by "state representative in the community.
" The fourth paragraph of Article L. 112-1 Is written:
" " When ordinary integration has been decided for the child, the adolescent or the disabled adult by the committee referred to in Article L. 146-9 of the Code of Social Action and Families, but the conditions Of access to the institution making it impossible, the additional costs attributable to schooling in a more remote establishment shall be borne by the State or the competent territorial authority in relation to construction, reconstruction or Extension of the premises. " ;
4 ° The last paragraph of Article L. 251-1 of the Code is deleted;
5 ° Section 8 of Chapter II of Title III of Book VIII of the Labour Code is supplemented by Article L. 832-11 as
: Art. L. 832-11. -For its application in Saint-Pierre-et-Miquelon, in Article L. 323-31, the words: "State representative in the region shall be replaced by the words:" representative of the State in the community. " ;
6 ° Article L. 161-2 of the code of construction and housing reads as follows:
" Art. L. 161-2. -The provisions of this book do not apply to Saint-Pierre-et-Miquelon, except for articles L. 111-5, L. 111-6, L. 111-7, L. 111-7-1, L. 111-7-3 to L. 111-8-3-1, L. 111-9 to L. 111-41, L. 112-8 to L. 112-11, L. 112-15, L. 124-1, L. 125-1 to L. 125-2-4, L. 131-1 to L. 131-6 and L. 151-1 to L. 152-10, subject to the following adaptations:
" -in Article L. 111-7, the words: "residential premises, whether owned by private or public persons are deleted;
" -the last sentence of Article L. 111-7-1 is deleted;
" -in Article L. 111-7-4, the reference: " L. 111-7-2 is deleted;
" -in Article L. 152-4, the references: " L. 112-17, L. 125-3 and the second paragraph of 2 ° Deleted;
" -in Article L. 111-8, the words: "In accordance with the third paragraph of Article L. 421-3 of the Town Planning Code are deleted, and the words:" the building permit shall not be issued shall be replaced by the words: "Permission to build cannot be issued;
" -in Article L. 111-8-2, the words: " As stated in Article L. 421-1 of the Town Planning Code, the building permit is replaced by the words: ;
" -The first paragraph of Article L. 151-1 is deleted. " ;
7 ° After article L. 121-20-1 of the code of communes applicable to Saint-Pierre-et-Miquelon, it is inserted an article L. 121-20-2 thus written:
" Art. L. 121-20-2. -In the communes of 5 000 inhabitants and more, a communal committee for accessibility to persons with disabilities is set up, including representatives of the municipality, associations of users and associations representing persons with disabilities. Disabled.
" This committee notes the state of accessibility of the existing built environment, roads, public spaces and transport. It shall prepare an annual report to the City Council and shall make any useful proposals for improving the accessibility of the existing.
" The report submitted to the municipal council shall be transmitted to the representative of the State in Community, the Chair of the General Council, the Territorial Advisory Council for Persons with Disabilities and all those responsible for the buildings, facilities and workplaces affected by the report.
" The mayor chairs the commission And stops the list of its members.
" Municipalities can set up an intercommunal commission. The latter shall exercise for all the municipalities concerned the tasks of a communal commission. This inter-communal commission is chaired by one of the mayors of the municipalities, who jointly stop the list of its members.
" Where competence in the field of transport is exercised in a public cooperation institution Inter-communal, the Committee on Accessibility for Persons with Disabilities should be established with this group. It is then chaired by the President of the institution. The creation of an inter-communal commission is compulsory for public institutions of inter-communal cooperation in the field of transport, since they have a population of 5 000 or more. " ;
8 ° The fourth and fifth paragraphs of Article L. 131-4 of the Code are replaced by a 3 ° thus written:
" 3 ° Reserve on public highway or in any other parking space open to the public of parking spaces The vehicles used by the persons holding the parking card provided for in Article L. 241-3-2 of the Code of Social Action and Families. " ;
9 ° Pour l' application à Saint-Pierre-et-Miquelon de l' article 48 de la introduces loi les mots: " Regional prefect " And " Department prefect " Are replaced by the words: " Representing the state in the community ".
I. -The provisions of Articles I, II, III, IV and VI of Article 27, the provisions of Article 37 and the Section 38, IV to VII, will come into force on January 1, 2006. Between the date of publication of this Law and on 1 January 2006, the Committee on the Rights and Autonomy of Persons with Disabilities shall take the decisions referred to in Article L. 323-12 of the Labour Code, repealed as of 1 January 2006
II. -For a period of two years from 1 January 2006, workers recognised as disabled by the Technical Committee on Vocational Guidance and Occupation referred to in Article L. 323-11 of the Labour Code in its drafting Before this Law and classified in category C under Article L. 323-12 of the same Code repealed by this Law shall be regarded as workers with a heavy disability for the purposes of the provisions of Article III of the Article 27.
For a period of two years from 1 January 2006, undertakings shall continue to enjoy the rights acquired under Article L. 323-6 of the Labour Code in its drafting prior to this Law, for any recruitment, before On 1 January 2006, of workers recognised as disabled by the Technical Guidance and Vocational Rehabilitation Committee referred to in Article L. 323-11 of the same Code in its earlier drafting of this Law, and classified in category C in Article L. 323-12 of the said Code repealed by this Law.
The provisions of Article 36 shall enter into force Effective January 1, 2006.
The amount of contributions referred to in section 36 is reduced by 80 % for the year 2006, 60 % for the year 2007, 40 % for the year 2008 and 20 % for the year 2009.
The provisions of the VI Section 19 will come into force on January 1, 2006.
I. -Transitional provision of the Old Age Solidarity Fund Manages the National Solidarity Fund for the autonomy established by Act No. 2004-626 of 30 June 2004 on solidarity for the independence of the elderly and persons with disabilities.
In the third paragraph of Article L. 135-1 of the Social security code, the words: " Until 30 June 2005 " Are replaced by the words: " Up to a date fixed by order of ministers responsible for the elderly, persons with disabilities, the budget and social security which cannot be After December 31, 2005 ".
II. Article L. 14-10-5 of the Code of Social Action and Families takes effect from 1 January 2006.
For the year 2005, the appropriations referred to in 1 ° and 2 ° of Article 13 of Act No. 2004-626 of 30 June 2004 are assigned to the Financing of the following measures:
1 ° As regards Article 13 (1):
(a) Contribution to the basic sickness insurance schemes provided for in Article 12 of the Social Security Financing Act for 2005 (No 2004-1370 On 20 December 2004);
(b) Prevention and animation expenditure for the elderly;
(c) By means of a competition fund established by the State, investment and equipment operations, in particular for technical standards and Security of institutions for the elderly;
(d) By way of grant, a financial contribution:
-to investment operations related to the development of the supply of medical beds and the architectural adaptations concerning the Care of people with disorientation disorders;
-implementation of the new technical, health and safety standards;
2 ° With respect to section 13, 2 °:
a) The contribution to the Basic health insurance provided for in Article 12 of the Social Security Financing Act for 2005;
b) The appropriations in this section may also finance, by means of competition funds established by the State:
-the Establishments referred to in Article L. 312-1 of Article L. 312-1 of the Code of Social Action and Families, under the conditions laid down in Article L. 314-4 of the Code;
-grants to bodies involved in the area of disability, Life support services;
-contributions to departments to support their efforts to support home care for people with disabilities;
-defined self-contained devices By decree of the minister responsible for social action;
-aid for the installation and implementation of departmental houses for disabled persons or the structures prefiguring them;
-investment and equipment operations, In particular for the technical and safety standards of facilities for persons with disabilities;
-contributions to the inter-departmental fund for the accessibility of persons with disabilities to premises receiving the public;
-the Contributions to the intervention fund for services, crafts and trade.
The amounts of these various competitions and their terms of payment are fixed by order of ministers responsible for the elderly, persons with disabilities, Budget and social security.
III. -The 5 ° of Article 13 of Act No. 2004-626 of 30 June 2004 reads as follows:
" 5 ° A levy on resources cashed by the body, divided equally between the sections mentioned at 1 ° and 2 °, to finance:
" (a) The Reimbursement to the old age solidarity fund for the management of the National Solidarity Fund for self-government during the transitional period;
" (b) Installation and start-up costs of the Fund National Solidarity for Independence and National Information Systems. "
IV. -The appropriations allocated, in respect of the financial year 2005, to the expenditure mentioned in 1 ° and 2 ° of Article 13 of Act No. 2004-626 of 30 June 2004, which were not consumed at the end of the financial year, give rise to automatic carryover on The following year, under prescribed conditions.
The regulatory texts of this Law shall be published within six months of the publication thereof, after being transmitted for opinion to the National Advisory Council of Persons The
of the regulations implementing Chapter II of Title IV of this Law shall be submitted for opinion to the Board of Governors for the occupational and social reclassification of workers with disabilities set up in Article L. 323-34 of the Labour Code.
This Act shall be enforced as the law of the State
Done at Paris, February 11, 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Minister of National Education,
of higher education
and search,
François Fillon
The Minister of the Interior,
of the internal security
and Local freedoms,
Dominique de Villepin
The Minister of Employment, Labour
and Social Cohesion,
Jean-Louis Borloo
The Minister of Solidarity,
of Health and Family,
Philippe Douste-Blazy
Seals, Minister of Justice,
Dominique Perben
Minister of the Economy,
Finance and Industry,
Hervé Gaymard
The Minister of Equipment, Transport,
de l' aménagement du territoire,
du tourisme et de la mer,
Gilles de Robien
The Minister of the Public Service
and state reform,
Renaud Dutreil
The Minister of Agriculture, Food,
de la pêche et de la ruralité,
Dominique Bussereau
Minister of Culture
and Communication,
Renaud Donnedieu de Vabres
The Minister of Small and Medium-sized enterprises,
of trade, crafts,
of the liberal professions
and consumption,
Christian Jacob
The Minister for Overseas Affairs,
Brigitte Girardin
The Minister delegated to Inside,
Marie-Josée Roig
Associate Minister for Budget
and Budget Reform,
Government Spokesperson,
Jean-François Copé
The Minister Delegate for Research,
François D' Aubert
Associate Minister for Labour Relations,
Gérard Larcher
Associate Minister for Housing and the City,
Marc-Philippe Daubresse
The Secretary of State for People with Disabilities,
Marie-Anne Montchamp
Secretary of State for Seniors,
Catherine Vautrin
Secretary of State for State Reform,
Eric Woerth
The Secretary of State for Transport
and to the Mer,
François Goulard
The Secretary of State for Agriculture,
to power, to fishing
and to rurality,
Nicolas Forissier
(1) Preparatory work: Law No. 2005-102.
Senate:
Bill 183 (2003-2004);
Report by Paul Blanc, on behalf of the Committee on Social Affairs, No. 210 (2003-2004);
Discussion on 24, 25, 26 February 2003 and adoption on 1 March 2003.
National Assembly:
Bill, adopted by the Senate in First reading, 1465;
Report by Mr Jean-François Chossy, on behalf of the Committee on Cultural Affairs, No. 1599;
Discussion on 1, 2, 3, 8 and 9 June 2004 and adopted on 15 June 2004.
Senate:
Bill, as amended by the National Assembly, No. 346 (2003-2004);
Report by Paul Blanc, on behalf of the Social Affairs Committee, No. 20 (2004-2005);
Discussion on 19, 20 and 21 October 2004 and adoption on 21 October 2004.
National Assembly:
Bill, adopted with amendments by the Senate at second reading, No. 1880;
Report by Mr Jean-François Chossy, on behalf of the Committee on Cultural Affairs, n ° 1991;
Discussion from 20 to 22 December 2004 and adoption on 18 January 2005.
Senate:
Draft Law, as amended by the National Assembly at second reading, No. 146 (2004-2005);
Report by Paul Blanc, on behalf of the Joint Joint Committee, No. 152 (2004-2005);
Discussion and adoption on 27 January 2005.
National Assembly:
Report by Mr Jean-François Chossy, on behalf of the Joint Joint Committee, No. 2038;
Discussion and adoption on 3 February 2005.
