Law Of 23 February 2005 Relating To The Development Of Rural Territories
LAW n ° 2005-157 of February 23, 2005 relating to the development of rural territories (1)
NOR: AGRX0300111L
The National Assembly and the Senate have adopted,
The President of the Republic promulgates the law whose content follows:
INTRODUCTORY TITLE
Article 1
The State guarantees national solidarity in favor of rural and mountain territories and recognizes their specificity.
A rurality conference is established which is convened each year by the minister in charge of rural affairs.
The purpose of this conference is to follow the progress of rural development policies, to take stock of any difficulties encountered and to formulate proposals for the future.
It is chaired by the Minister in charge of rural affairs and is made up of members of Parliament, representatives of the State, local authorities, public enterprises and representatives of the economic, associative and family sectors of rural areas.
TITLE I
PROVISIONS RELATING TO THE DEVELOPMENT
OF ECONOMIC ACTIVITIES
Chapter I
Rural revitalization zones
Article 2
I. – The provisions of article 1465 A of the general tax code applicable to transactions carried out from January 1, 1998 are thus modified:
1 ° The first two paragraphs constitute an I. The second paragraph is completed by a sentence thus worded :
“In municipalities with less than two thousand inhabitants, the exemption also applies to the creation of commercial activities and the resumption of commercial, craft or within the meaning of 1 of article 92, carried out by companieexercising the same type of activity, provided that during the reference period taken into account for the first tax year, the activity is carried out in the establishment with less than five employees. “;
2 ° The third to eighth paragraphs are replaced by an II and a III worded as follows:
“II. – The rural revitalization zones include the municipalities that are members of a public establishment of inter-municipal cooperation with their own taxation, included in a district or a canton characterized by a very low population density or by a low population density and satisfying one the following three socio-economic criteria:
“a) A decline in the population;
“(B) A decline in the labor force;
“C) A high proportion of agricultural jobs.
“In addition, public intermunicipal cooperation establishments with their own taxation, of which at least half of the population is included in rural revitalization zones in application of the criteria defined in the previous paragraphs, are, for their entire perimeter, included in these zones. .
“The rural revitalization zones also include the municipalities belonging on January 1, 2005 to a public establishment of inter-municipal cooperation with its own tax system, the territory of which has a low population density and meets one of the three socio-economic criteria defined in a, b and c. If these municipalities integrate a public inter-municipal cooperation establishment with their own taxation not included in the rural revitalization zones, they retain the benefit of this classification until December 31, 2009.
“The modification of the perimeter of the public inter-municipal cooperation establishment in during the year does not take effect, if applicable, until January 1 of the following year.
“Municipalities classified as rural revitalization zones prior to the promulgation of law n ° 2005-157 of 23 February 2005 relating to the development of rural territories, which meet the criteria defined in a, b and c, but which are not members of a public inter-municipal cooperation establishment with its own taxation, remain classified as a rural revitalization zone until December 31, 2006.
“The provisions of the fifth, sixth, seventh and tenth paragraphs of article 1465 are applicable to the exemptions provided for in the first paragraph of I. However, for the application of the tenth paragraph of article 1465, taxation is established for the benefit of the State.
“III. – A Council of State decree specifies the conditions of application of II and in particular the criteria and thresholds aimed at determining the perimeter of rural revitalization zones. “
II. – 1. The system of rural revitalization zones shall be the subject of an evaluation no later than 2009.
2. Zoning relating to rural areas for priority development and the related provisions, in particular those mentioned in Articles 44 sexies , 239 sexies D and 1594 F quinquies of the general tax code, remain in force until December 31, 2006.
3. The second sentence of the fourth paragraph (2) of article 42 of the law n ° 95-115 of 4 February 1995 of orientation for the planning and the development of the territory is abolished.
III. – The general tax code is thus modified:
A. – The second paragraph of article 239 sexies D is thus modified:
1 ° After the words: “and in the rural areas of priority development defined in the last sentence of the first paragraph of article 1465 ”, are inserted the words:“, in the rural revitalization zones defined in II of article 1465 A ”;
2 ° The year: “2004” is replaced by the year: “2006”.
B. – In I of E of article 1594 F quinquies, after the words: “in rural areas of priority development delimited by decree n ° 94-1139 of 26 December 1994 as amended”, the words are inserted: “and in the rural revitalization zones defined in II of article 1465 A, ”.
C. – The first sentence of the second paragraph of I of article 44 sexies is thus modified:
1 ° The words: “or in the rural areas of priority development defined in the first paragraph of article 1465” are replaced by the words : “Or in the rural revitalization zones mentioned in article 1465 A”;
2 ° After the words: “in I ter of article 1466 A,”, are inserted the words: “and to companies that are created from January 1, 1995 until December 31, 2006 in rural areas of priority development defined in the first paragraph of article 1465, ”.
IV. – 1. With regard to the creation of commercial activities and the resumption of commercial or craft activities carried out by companies exercising the same type of activity, the exemption provided for in Article 1465 A of the General Tax Code s’ applies to operations carried out from January 1, 2004.
2. To benefit from the exemption provided for in the same article from 2005, companies carrying out the operations mentioned in 1 must make a request within sixty days of the publication of the this law.
3. For the application, in 2005, of the provisions of the same article to companies carrying out the operations mentioned in 1 of this IV and to those exercising a professional activity within the meaning of 1 of article 92 of the same code which create establishments, the contrary decisions of the territorial collectivities or their public establishments of inter-municipal cooperation endowed with their own taxation must take place within sixty days following the publication of this law.
4. The State compensates each year, as from 2005, the losses of revenue resulting, for the local authorities, the public establishments of inter-municipal cooperation endowed with their own taxation or departmental funds of equalization of the professional tax, of the exemption provided for in article 1465 A of the general tax code for companies carrying out the operations mentioned in 1, in accordance with the procedures provided for in III and IV of article 95 of the finance law for 1998 (n ° 97-1269 of December 30, 1997).
Article 3
I. – Article 95 of the 1998 finance law (n ° 97-1269 of December 30, 1997) is supplemented by an IV as follows:
“IV. – From 2004, a levy on State revenue is instituted to compensate, each year, under the conditions provided for by the finance law, the resulting loss of revenue for local authorities or their groups endowed with own taxation and the departmental business tax equalization funds for the exemptions referred to in Article 1465 A of the General Tax Code, with the exception of those subject to the compensation mentioned in III of Article 52 of the law n ° 95-115 of February 4, 1995 of orientation for the planning and the development of the territory.
“Compensation is established in accordance with the terms set out in III. “
II. – In the first paragraph of 2 ° of A and in the first paragraph of B of II of article 154 of law n ° 2004-809 of August 13, 2004 relating to local freedoms and responsibilities, the words: “the III of article 95 of the finance law for 1998 “are replaced by the words:” III and IV of article 95 of the finance law for 1998 “.
Article 4
Article 63 of Law n ° 95-115 of February 4, 1995 of orientation for the planning and development of the territory reads as follows:
“Art. 63. – In the rural revitalization zones mentioned in article 1465 A of the general tax code, the State may enter into a specific rural revitalization agreement with the department. The regions are associated with these conventions. These can be included in the State-region planning contracts provided for in article 11 of law n ° 82-653 of July 29, 1982 on planning reform. Their purpose is to strengthen public action in the most disadvantaged rural areas by ensuring the convergence of interventions, by increasing commitment of partners and adapting actions to local specificities. “
Article 5
I. – Article 39 quinquies D of the general tax code is thus amended:
1 ° In the first paragraph, the year: “2005” is replaced by the year: “2007”;
2 ° After the first paragraph, a paragraph worded as follows is inserted:
“The provisions of the first paragraph also apply to renovation work, carried out before January 1, 2007, in buildings used under the conditions referred to in the same paragraph. “;
3 ° In the second paragraph, the words: “first paragraph” are replaced by the words: “first and second paragraphs” and, after the word: “building”, the words: “or renovation work” are inserted.
II. – The provisions of 2 ° of I apply to work carried out from January 1, 2004.
Article 6
Without prejudice to the provisions of the penultimate paragraph of article 1465 of the general tax code, any company or organization which voluntarily ceases its activity in a rural revitalization zone by relocating it to another place, after having benefited from ” aid under the specific provisions concerning these territories, less than five years after the receipt of this aid, is required to pay the sums it has not paid by virtue of the exemptions granted to it and, if if necessary, to reimburse the assistance which has been allocated to it.
A decree fixes the modalities of application of this article.
Article 7
I. – The ninth paragraph of article 1465 A of the general tax code reads as follows:
“This exemption also applies to the creation of activities in rural revitalization zones carried out by artisans who mainly carry out manufacturing work. , transformation, repair or provision of services and for which the remuneration of the work represents more than 50% of the total turnover, all duties and taxes included, or by companies which exercise a professional activity within the meaning of the first paragraph of section 92. ”
II. – With regard to companies which exercise a professional activity within the meaning of the first paragraph of article 92 of the same code, the exemption provided for in article 1465 A of the same code applies to the creation of establishments carried out from the January 1, 2004.
III. – To benefit, from 2005, from the exemption provided for in article 1465 A of the same code, companies which exercise a professional activity within the meaning of the first paragraph of article 92 of the same code must apply within sixty days of publication of this law, if it is later than December 1, 2004.
IV. – The second sentence of the first paragraph of I of article 44 sexies of the same code is worded as follows:
“In the rural revitalization zones mentioned in article 1465 A, the benefit of the provisions of this article is also granted to companies which exercise a professional activity within the meaning of 1 of article 92, as well as to taxpayers referred to in 5 ° of I of article 35. ”
These provisions apply to companies created on or after January 1, 2004.
Article 8
The third paragraph of I of article 44 sexies of the general tax code reads as follows:
they are carried out respectively during the first five, sixth and seventh or eighth and ninth twelve-month periods following this exemption period. “
Article 9
I. – The general tax code is thus amended:
1 ° In I of article 1383 A, I of article 1464 B and the first paragraph of article 1602 A, before the word: “exempt” , the word: “temporarily” is inserted, and the words: “for the two years” are replaced by the words: “from the year”;
2 ° II of article 1464 C is supplemented by a paragraph worded as follows:
“The deliberations fix the duration of the exemptions, which may not be less than two years nor more than five years. “
II. – The provisions of I apply to companies created from January 1, 2004.
Article 10
I. – After article 1383 D of the general tax code, an article 1383 E is inserted as follows:
“Art. 1383 E. – I. – In the rural revitalization zones mentioned in article 1465 A, the local authorities and public inter-municipal cooperation establishments with their own taxation may, by a general deliberation taken under the conditions provided for in I of article 1639 A bis, exempt from property tax on built properties, for a period of fifteen years, the dwellings referred to in 4 ° of article L. 351-2 of the construction and construction code. housing which are, with a view to their rental, acquired and then improved by means of financial assistance from the National Agency for the improvement of housing by natural persons.
“The exemption is applicable from the year following that of the completion of the improvement works. It ceases to apply definitively from January 1 of the year following a continuous period of at least twelve months during which the accommodation has no longer been rented.
“The deliberation covers the entire share due to each local authority or public inter-municipal cooperation establishment with its own tax system.
“II. – To benefit from the exemption provided for in I:
“1 ° The subsidy decision must be made within two years at most from the year following that of the acquisition of the housing;
“2 ° Those liable for the property tax on built properties must meet the reporting obligations mentioned in the last paragraph of I of article 1384 C.”
II. – The provisions of I apply to housing acquired from January 1, 2004.
Article 11
Communities which finance the acquisition, construction or delivery of a building for professional use which they intend to rent for a consideration subject to value added tax may deduct the value added tax having charged the various components of the rent price.
Article 12
The first paragraph of article L. 2251-3 of the general code of local authorities reads as follows:
“When private initiative is deficient or insufficient to ensure the creation or maintenance of a service necessary to meet the needs of the population in rural areas, the municipality can entrust the responsibility of creating or managing it to an association governed by the law of July 1, 1901 relating to the association contract or to any other person; it may also grant aid, subject to the conclusion with the beneficiary of the aid of an agreement setting out the latter’s obligations. “
Article 13
Article 61 of Law n ° 95-115 of February 4, 1995 of orientation for the planning and development of the territory reads as follows:
“Art. 61. – In the rural revitalization zones mentioned in article 1465 A of the general tax code, the State and the local authorities are implementing measures aimed in particular at:
“- developing economic activities,
” – ensuring a of quality and local service,
“- improve the quality of habitat and the supply of housing, in particular rental accommodation,
” – fight against agricultural and forestry abandonment and maintain open landscapes,
“- ensure the opening up of the territories,
“- develop cultural, family and associative life,
“- enhance the rural heritage,
” and more generally to ensure the inhabitants of these areas living conditions equivalent to those prevailing in other parts of the territory.
“The rural revitalization zones are taken into account in the collective service plans and the interregional planning and development plans provided for by this law as well as by the regional development and planning plans provided for in article 34 of the aforementioned law n ° 83-8 of January 7, 1983. These zones constitute a reference territory for the organization of services provided to users provided for in article 29 of this law. “
Article 14
Article L. 211-2 of the Education Code is supplemented by a paragraph worded as follows:
“In the rural revitalization zones referred to in Article 1465 A of the General Tax Code, the competent State services engage , before any revision of the secondary education map, a consultation within the academic council for national education or, for training provided in college, within the departmental council for national education, with elected officials and representatives of local authorities, teachers, parents of pupils and local economic sectors concerned by this revision. “
Article 15
I. – Earnings and remuneration, within the meaning of article L. 242-1 of the social security code, paid during a calendar month to employees employed in the rural revitalization zones mentioned in article 1465 A of the general tax code by bodies referred to in I of article 200 of the same code which have their head office in these same aforementioned areas are exempt from contributions payable by the employer for social insurance, family allowances, accidents at work as well as the payment of transport and contributions and contributions to the National Housing Assistance Fund, within the limit of the product of the number of hours paid by the amount of the minimum growth wage increased by 50%.
II. – The revenue losses for the local authorities are compensated by an increase in the overall operating allocation.
III. – The loss of revenue for the State is compensated, in due proportion, by an increase in the rights provided for in articles 575 and 575 A of the general tax code.
IV. – The revenue losses for social security organizations are compensated for by the creation of an additional tax to the rights provided for in articles 575 and 575 A of the same code.
Article 16
Earnings and remuneration, within the meaning of article L. 741-10 of the rural code, paid during a calendar month to employees employed in the rural revitalization zones mentioned in article 1465 A of the general tax code by organizations referred to in 1 of article 200 of the same code which have their head office in the aforementioned areas are exempt from contributions payable by the employer for social insurance, family allowances, work accidents as well as payment of transport and contributions and contributions to the National Housing Assistance Fund, within the limit of the product of the number of hours paid by the amount of the minimum growth wage increased by 50%.
Chapter II
Economic activities in rural areas
Article 17
Chapter II of Title I of Book I of the Rural Code is supplemented by a Section 5 worded as follows:
“Section 5
“Investment companies for rural development
“Art. L. 112-18. – Investment companies for rural development aim to promote in the rural revitalization zones defined in article 1465 A of the general tax code:
“1 ° Investment in real estate intended for economic activities and hosting collective services of general economic interest, tourism and leisure;
“2 ° The acquisition and rehabilitation of degraded or vacant housing with a view to putting them back on the market;
“3 ° The acquisition and transformation into housing of agricultural buildings which are no longer in use, once the land area on which the building concerned is located has been the subject of an overall plan specifying the conditions of land use and the type of construction or rehabilitation carried out. This project can be initiated, in particular, within the framework of a simplified revision of the local urban plan at the initiative of the community or of the owner concerned;
“4 ° The construction or renovation of tourist, cultural, leisure and sports facilities.
“To this end, they intervene by taking a stake in the capital of companies carrying out planning and development operations and by granting guarantees on loans or providing guarantee funds in equity or quasi-equity. in particular through the acquisition of a stake in the capital of companies or the allocation of participating loans.
“Investment companies for rural development take the form either of public limited companies or of simplified joint-stock companies governed by Book II of the Commercial Code.
“Their capital is held by one or more regions in association with one or more legal entities governed by public or private law.
“Local authorities and their groups that do not participate in the capital of these companies can also pay them subsidies. In this case, the communities and groups concerned enter into an agreement with the investment company for rural development determining in particular the allocation and amount of subsidies as well as the conditions and modalities for restitution of the subsidies paid in the event of modification of the amount. ‘corporate object or of cessation of activity of the investment company for rural development.
“Each region or group of regions is entitled to at least one representative on the board of directors or on the supervisory board, appointed from among its members by the deliberative assembly.
“At least one third of the capital of investment companies for rural development and of the votes in the legislative bodies of these companies is held by a region or, jointly, by several regions.
“The deliberative bodies of the shareholder region (s), as well as, where applicable, other communities or shareholder groups, vote on the written report which is submitted to them at least once a year by the board of directors or the board. supervision of the company. “
Article 18
I. – The first paragraph of article 217 quaterdecies of the general tax code is supplemented by the words: “or investment companies for rural development defined in article L. 112-18 of the rural code”.
II. – The provisions of I apply for the establishment of the corporation tax due on the basis of the results of the financial years beginning on or after January 1, 2004.
Article 19
After 3 ° of II of Article L. 714-1 of the Rural Code, a 4 ° is inserted as follows:
“4 ° By rotation for tourist reception activities which support the operation. “
Article 20
I. – The general tax code is thus modified:
A. – Article 199 e is thus modified:
1 ° In the first paragraph, the date: “December 31, 2006” is replaced by the date: “December 31, 2010 “;
2 ° The second paragraph is amended as follows:
a) In the third sentence, the word: “four” is replaced by the word: “six”;
b) In the last sentence, the word: “quarter” is replaced by the word: “sixth” and the word: “three” is replaced by the word: “five”;
3 ° The third paragraph is amended as follows:
a) After the words: “in an area”, the word “rural” is deleted;
b) It is supplemented by the words: “, excluding municipalities located in agglomerations with more than 5,000 inhabitants”.
B. – Article 199i EA is thus amended:
1 ° The first paragraph is supplemented by a sentence worded as follows:
“By way of derogation from the first and third paragraphs of the aforementioned article, the tax reduction applies to housing located in resorts classified in application of articles L. 2231-1 et seq. of the general code of local authorities and in tourist municipalities, the list of which is fixed by decree. “;
2 ° The second paragraph is amended as follows:
a) The words: “excluding those which constitute charges deductible from property income in application of article 31” are deleted;
b) It is completed by two sentences worded as follows:
“The taxpayer who requests the benefit of the tax reduction waives the right to deduct these expenses, for their actual amount or in the form of a depreciation deduction, for the determination of categorical income. He cannot benefit from the provisions provided for in article 32. ”;
3 ° In the third paragraph, the words: “to have required obtaining a building permit and” are deleted;
4 ° It is supplemented by a paragraph worded as follows:
“The operator of the tourist residence reserves under conditions fixed by decree a percentage of at least 15% of accommodation for seasonal employees. »
C. – Article 199 f is worded as follows:
“Art. 199 decies F. – 1. An income tax reduction is established for taxpayers domiciled in France within the meaning of Article 4 B who carry out reconstruction, expansion, repair or improvement work between January 1, 2005 and December 31, 2010. This tax reduction applies:
“A) Expenses relating to accommodation, forming part of a tourist residence classified in a rural revitalization zone or in a zone, other than a rural revitalization zone, included in the list for France of the zones concerned by Objective 2 provided for in Article 4 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on structural funds, excluding municipalities located in agglomerations of more than of 5,000 inhabitants, which is intended for rental, the proceeds of which are taxed in the category of land income;
“B) Expenses relating to accommodation, completed before January 1, 1989 and located in an area mentioned in a, which is intended for rental as furnished tourist accommodation within the meaning of
“C) Expenses relating to accommodation, completed before January 1, 1989 and forming part of a classified residential tourist village included in the perimeter of an operation for the rehabilitation of leisure property defined in Article L. 318-5 of the Town Planning Code, which is intended for rental, the proceeds of which are taxed in the category of land income.
“2. The tax reduction is granted for the year of completion of the work. The provisions of 5 of I of article 197 are applicable.
“3. The amount of reconstruction, expansion, repair or improvement expenses actually borne by the owner giving entitlement to tax reduction may not exceed, for one year, EUR 50,000 for a single person , widowed or divorced and 100,000 EUR for a married couple. Its rate is equal to:
“a) 20% of the amount of expenditure relating to the accommodation mentioned in a and b of 1;
“B) 40% of the amount of expenditure relating to housing mentioned in c of 1, without there being however any need to reduce it from the public subsidies granted to taxpayers.
“4. For the accommodation mentioned in a and c of 1, the owner must, as the case may be, undertake to rent them bare for at least nine years to the operator of the tourist residence or the classified tourist residential village. This rental must take effect within one month of the date of completion of the work. The payment of part of the rent by compensation with the price of the accommodation services invoiced by the operator of the residence or the residential village to the owner, when the accommodation is made available to the latter for a total period n ‘ not exceeding eight weeks per year, does not preclude the benefit of the reduction provided that the gross land income declared by the lessor corresponds to the annual rent normally due by the operator in the
“For the accommodation mentioned in b of 1, the owner must undertake to rent them furnished to natural persons at a rate of at least twelve weeks per year and during the nine years following that of the completion of the work.
“In the event of non-compliance with the commitment or the transfer of the accommodation, the reduction applied is subject to a reversal for the year of the termination of the commitment or that of the transfer. However, in the event of disability corresponding to classification in the second or third of the categories provided for in Article L. 341-4 of the Social Security Code, dismissal or death of the taxpayer or of one of the spouses subject with common taxation, the tax reduction is not included.
“5. The tax reduction is not applicable in respect of dwellings whose property rights have been dismembered. The taxpayer who requests the benefit of the tax reduction waives the right to deduct these expenses, for their actual amount or in the form of a depreciation deduction, for the determination of categorical income. He cannot benefit from the provisions provided for in article 32 or article 50-0. “
D. – In the first sentence of Article 199i G, the words:” fourth paragraph “are replaced by the words:” fifth paragraph “.
II. – The provisions of A and B of I are applicable to housing acquired or completed as of January 1, 2005. The provisions of C of I are applicable to work completed as of January 1, 2005. The provisions of D of I are applicable to as of January 1, 2004.
Chapter III
Provisions relating to the support of agricultural activities
Article 21
The second paragraph of Article L. 3323-4 of the Public Health Code reads as follows:
“This advertisement may include references relating to the areas of production, to the distinctions obtained, to the appellations of origin as defined in the Article L. 115-1 of the Consumer Code or geographical indications as defined in international conventions and treaties regularly ratified. It may also include objective references relating to the color and the olfactory and taste characteristics of the product. “
Article 22
I. – Article 72 D of the general tax code is supplemented by a III worded as follows:
“III. – The free transfer of an individual holding under the conditions provided for in Article 41 by a farmer who has made the deduction for a financial year preceding that of the transfer is not considered for the application of the I as a cessation of activity if the beneficiary or beneficiaries of the transfer meet the conditions giving rise to the right to the deduction and undertake to use it in accordance with its purpose within five years following the one during which it was practiced. “
II. – II of article 72 D bis of the same code is supplemented by a paragraph worded as follows:
“The free transfer of an individual holding under the conditions provided for in Article 41 by a farmer who has made the deduction for a financial year preceding that of the transfer is not considered for the application of the I as a cessation of activity if the beneficiary (ies) of the transfer meet the conditions giving rise to the right to the deduction and undertake to use the sums deposited in the account during the five financial years following the one for which the corresponding deduction has been performed under the conditions and within the limits defined in I. ”
III. – The provisions of I and II are applicable for determining the results of fiscal years beginning on or after January 1, 2004.
IV. – Article L. 731-15 of the rural code is amended as follows:
1 ° The second paragraph is supplemented by a sentence worded as follows:
“The installation capital grant granted to young farmers as well as the amount of the difference between the The compensation paid in compensation for the total or partial slaughter of herds in application of Articles L. 221-2 or L. 234-4 and the value in stock or in the purchase account of slaughtered animals are excluded from this income. “;
2 ° The last two paragraphs are deleted.
V. – Article L. 136-4 of the Social Security Code is amended as follows:
1 ° In the first sentence of the third paragraph of I, the words: “and in Article 75-0 B” are replaced by the words: “in article 75-0 B and in article 75-0 D”;
2 ° The third paragraph of I is supplemented by a sentence worded as follows:
“The capital installation grant granted to young farmers as well as the amount of the difference between the compensation paid in compensation for the total or partial slaughter of herds. in application of articles L. 221-2 or L. 234-4 of the rural code and the value in stock or in the purchase account of slaughtered animals are excluded from this income. “
VI. – The provisions of 1 ° of IV and V apply to endowments or fractions of capital endowments received by young farmers as of January 1, 2004 and to compensation paid in the event of total or partial slaughter of herds as of January 1, 2003.
Article 23
After article L. 611-4-1 of the rural code, an article L. 611-4-2 is inserted as follows:
“Art. L. 611-4-2. – A multiplier coefficient between the purchase price and the sale price of perishable fruits and vegetables may be introduced in a period of economic crises defined in article L. 611-4 or in anticipation of them. This multiplier coefficient is higher when there is an assisted sale.
“The ministers responsible for the economy and agriculture set the rate of the multiplier coefficient, its duration of application, within a limit which may not exceed three months, and the products concerned after consultation with professional agricultural organizations.
“A decree in the Council of State determines the methods of application of this article and the penalties applicable in the event of disregard of its provisions. “
Article 24
Article 732 of the General Tax Code is supplemented by a paragraph worded as follows:
“The same applies to the transfer by agreement of installations, equipment and products dependent on the exploitation of marine cultures in return for compensation. of substitution as fixed, by the commission of marine cultures, in article 12-5 of decree n ° 83-228 of March 22, 1983 fixing the authorization regime for the exploitation of marine cultures. “
Article 25
I. – The first two paragraphs of Article L. 323-2 of the Rural Code are worded as follows:
“A common agricultural grouping having as its object the pooling of all the agricultural activities of the partners is said to be total. In the event of pooling of only part of these, the grouping is said to be partial. The same agricultural group of joint operations cannot be total for some of the partners and partial for others.
“The partners of a total joint farming group may not engage outside the group, individually or within a corporate framework, in an agricultural production activity within the meaning of Article L. 311- 1. However, by way of derogation, they may exercise outside the grouping activities of preparation and training of domestic equines with a view to their exploitation in activities other than those of spectacle, provided that on the date of publication of the Law n ° 2005-157 of February 23, 2005 relating to the development of rural territories, these activities are carried out by one or more partners of the already constituted group. The partners of an agricultural group of partial joint operations may not engage, individually or within a corporate framework, to a production carried out by the group. “
II. – Article L. 323-12 of the same code is supplemented by a paragraph worded as follows:
“However, the departmental approval committee may, for a maximum period of one year renewable once, maintain the approval of a group according to conditions that it determines in view of the file. This period runs from the date on which the grouping no longer complies with the conditions governing agricultural groups for joint exploitation. “
Article 26
I. – In the first sentence of article 34-7 of the ordinance n ° 2004-637 of July 1, 2004 relating to the simplification of the composition and the functioning of the administrative commissions and the reduction of their number, the date : “July 1, 2005” is replaced by the date: “July 1, 2006.”
II. – Article 41 of Ordinance No. 2004-637 of July 1, 2004 relating to the simplification of the composition and operation of administrative committees and to the reduction of their number is thus amended:
1 ° In the first paragraph, the reference: “15” is deleted;
2 ° After the first paragraph, a paragraph worded as follows is inserted:
“The provisions of article 15 come into force on July 1, 2006 at the latest.”
Article 27
I. – The second paragraph of article L. 324-2 of the rural code is deleted.
II. – Point 1 of Article L. 331-2 of the same code is supplemented by a paragraph worded as follows:
“The incorporation of a company is not, however, subject to prior authorization, when it results from the transformation without further modification of an individual holding owned by a natural person who becomes an operating partner or when it results from the contribution of individual holdings owned by two spouses who become partners; “.
III. – The last five sentences of the fourth paragraph of article L. 411-37 of the same code are deleted.
Article 28
I. – In the first sentence of the first paragraph of article L. 324-1 of the rural code, the word: “major” is deleted.
II. – At the beginning of the first sentence of the first paragraph of article L. 324-8 of the same code, after the words: “The partners”, the word: “adults” is inserted.
Article 29
I. – In the first paragraph of Article L. 411-37 of the Rural Code, before the words: “On condition of advising”, are inserted the words: “Subject to the provisions of Article L. 411 -39-1, ”.
II. – After article L. 411-39 of the same code, an article L. 411-39-1 is inserted as follows:
“Art. L. 411-39-1. – During the term of the lease, the lessee associated with a company with a mainly agricultural purpose, to which he has leased the land under the conditions provided for in Article L. 411-37, or the beneficiary company of the provision or holder of the lease, may proceed to a joint rotation within the framework of a joint venture, constituted between natural or legal persons, governed by articles of association established by a deed having acquired a certain date. Joint rotation excludes the provision of residential or operating buildings.
“The lessee or the company informs the owner by registered letter with acknowledgment of receipt at least two months before the provision. The latter, if he intends to oppose the joint crop rotation project, must apply to the parity court for rural leases within a time limit set by regulation. Otherwise, he is deemed to have accepted the joint rotation.
“The notice sent to the lessor mentions the name of the company and the plots made available and includes the articles of association of the company. The lessee notifies the lessor in the same forms of the fact that he ceases to make leased plots available as well as any change in the elements listed above.
“Failure to inform the owner can be penalized by terminating the lease.
“The lessee, who remains the sole owner of the lease, must, on pain of termination, continue to devote himself effectively to the operation of the leased property made available. “
Article 30
In the first paragraph of article 4 of law n ° 77-2 of January 3, 1977 on architecture and in the seventh paragraph of article L. 421-2 of the town planning code, after the words: “ne natural persons are not required to have recourse to an architect ”, the words are inserted:“ or agricultural holdings with limited liability with a single shareholder ”.
Article 31
The second sentence of the last paragraph of II of Article L. 632-1 of the Rural Code is replaced by three sentences worded as follows:
“The creation of sections or committees devoted to products from organic farming within inter-professional organizations of general scope may be made compulsory under conditions fixed by decree. The interprofessions concerned define the operating methods of these sections or commissions. Sections or committees devoted to products bearing the designation “mountain may be created within general inter-professional organizations.”
Article 32
The third paragraph of Article L. 441-2 of the Commercial Code is replaced by five paragraphs worded as follows:
“For a fresh fruit or vegetable that has been the subject, between the supplier and its customer, of an agreement on the sale price, the price announcement, outside the point of sale, is authorized within a maximum period of seventy-two hours preceding the first day of application of the advertised price, for a period which may not exceed five days from this date.
“In all other cases, any price announcement, outside the point of sale, relating to a fresh fruit or vegetable regardless of its origin, must be the subject of an inter-professional agreement for a renewable period of one year,” concluded in accordance with the provisions of article L. 632-1 of the rural code. This agreement specifies the periods during which such an announcement is possible and its terms.
“This agreement may be extended in accordance with the provisions of Articles L. 632-3 and L. 632-4 of the same code.
“The provisions of the three preceding paragraphs are not applicable to fresh fruit and vegetables belonging to species not produced in mainland France.
“Any violation of the provisions of the above paragraphs is punishable by a fine of EUR 15,000. “
Article 33
After article L. 441-2 of the commercial code, an article L. 441-2-1 is inserted as follows:
“Art. L. 441-2-1. – For perishable agricultural products or products resulting from short production cycles, live animals, carcasses or for fishery and aquaculture products, appearing on a list established by decree, a distributor or service provider cannot benefit from discounts, rebates and rebates or provide for payment for commercial cooperation services only if these are provided for in a written contract relating to the sale of these products by the supplier.
“This contract includes in particular clauses relating to commitments on volumes, the methods of determining the price according to the volumes and qualities of the products and services concerned and the setting of a price.
“When a standard contract relating to the activities mentioned in the first paragraph is included in an inter-professional agreement adopted by the recognized inter-professional organization for the product concerned and extended in application of the provisions of Articles L. 632-3 and L. 632-4 of rural code, the contract mentioned in the first paragraph must comply with this standard contract. This standard contract may in particular include standard clauses relating to the commitments, the methods for determining the prices mentioned in the second paragraph and the floor price principle, standard clauses the content of which is drawn up within the framework of commercial negotiations by the co-contracting parties.
“Any violation of the provisions of this article is punishable by a fine of EUR 15,000. “
Article 34
I. – After article L. 442-8 of the commercial code, an article L. 442-9 is inserted as follows:
“Art. L. 442-9. – Engages the responsibility of its author and obliges him to repair the damage caused by the fact, for any producer, merchant, industrialist or person registered in the trades directory, of practicing or having practiced, in a situation of economic crisis as defined by Article L. 611-4 of the Rural Code, unreasonably low initial sale prices for products appearing on the list provided for in Article L. 441-2-1 of this code.
“III and IV of article L. 442-6 are applicable to the action provided for in this article. “
II. – Article 54 of Law No. 2003-721 of August 1, 2003 on economic initiative is repealed.
Article 35
I. – Article L. 611-4 of the rural code reads as follows:
“Art. L. 611-4. – The economic crisis situation affecting those of the products appearing on the list provided for in Article L. 441-2-1 of the Commercial Code occurs when the sale price of these products by the producers or their recognized groups is abnormally low compared to the average of the prices observed during the corresponding periods of the last five campaigns, excluding the two periods during which the prices were respectively the lowest and the highest.
“The marketing or distribution companies may conclude with the State, for one or more of the products mentioned in the first paragraph, agreements including a mechanism for passing on the fall in the sale prices of the products by the producers on the selling prices. for consumption.
“So that a balance sheet of buyers’ commitments can be drawn up by the ministers responsible for agriculture, fisheries and the economy, buyers communicate to the competent services during the economic crisis the elements demonstrating their commitment to the procedures contractual mentioned in the previous paragraph and the effect of these steps, according to a procedure defined by joint order of these ministers.
“A joint order of the Minister in charge of the Economy and of the Minister in charge of agriculture specifies, according to the different products concerned, the methods of application of this article, in particular the methods of determining abnormally low prices and the duration during which these prices must be noted for the crisis to be established. “
II. – Article L. 611-4-1 of the same code is repealed.
Article 36
The rural code is amended as follows:
1 ° In the first paragraph of Article L. 632-3, after the words: “joint actions”, the words: “or aimed at a common interest” are inserted, and after the words: “To be promoted”, the word “in particular” is inserted;
2 ° The same article is supplemented by an 8 ° worded as follows:
“8 ° The fight against harmful organisms within the meaning of article L. 251-3. “;
3 ° The second and third paragraphs of Article L. 251-9 are replaced by five paragraphs thus worded:
“The owners, operators or holders of which the plants, plant products or other objects mentioned in I of article L. 251-12 have been the subject of a destruction measure ordered by the agents mentioned in I of article L. 251-18 may claim compensation in accordance with the terms determined by joint decree of the ministers responsible for agriculture and the economy if they meet the following two conditions:
“- have made the declaration mentioned in article L . 251-6;
“- have paid contributions under a solidarity mechanism for this risk, under conditions set by decree, or be insured for this risk.
“Joint decrees of the ministers responsible for agriculture and the economy determine, by sector, the conditions for the State’s participation in the costs necessarily incurred by the fight against harmful organisms appearing on the list mentioned in article L. 251-3.
“Any breach of the provisions of this title and of the regulations adopted for their application entails the loss of the indemnity. “;
4 ° 5 ° of Article L. 632-3 reads as follows:
“5 ° Interprofessional relations in the sector concerned, in particular by the establishment of technical standards, applied research programs, experimentation and development and by making investments under these programs; “.
Article 37
The rural code is thus modified:
1 ° Point I of article L. 251-12 is thus modified:
a) In the first paragraph, the words: “appearing on the list mentioned in” are replaced by the words: “at meaning of the second sentence of the first paragraph of ”;
b) In item 1, after the words: “living parts of plants”, the word: “specified” is inserted;
c) The last paragraph is replaced by three paragraphs worded as follows:
“The list of plants, plant products and other objects subject to sanitary control in application of the first paragraph and the import or release requirements concerning them are determined. by order of the Minister in charge of agriculture.
“Plants, plant products and other objects originating in the European Community may not be introduced and put into circulation on Community territory unless they are accompanied by a plant passport under conditions set by decree.
“The importation of plants, plant products and other objects originating in or coming from countries outside the European Community is subject, when they are presented to the Community entry points located in the customs territory, to the performance of a health check by the agents referred to in I of Article L. 251-18 and the presentation of a phytosanitary certificate or, where applicable, other documents or marks defined and authorized, under conditions fixed by decree. “;
2 ° The first paragraph of II of Article L. 251-14 reads as follows:
“When they observe the presence of a harmful organism within the meaning of the second sentence of the first paragraph of Article L. 251-3 or failure to comply with an obligation set in application of I of Article L. 251-12, the agents referred to in I of Article L. 251-18 may order either quarantine until complete disinfection of a batch of plants, plant products or other objects mentioned in I of Article L. 251-12, i.e. the execution of any other surveillance or treatment measure authorized under conditions set by decree of the Council of State . They may also have all or part of the lot destroyed or returned ”;
3 ° Article L.
“Art. L. 251-15. – When the regulations of the importing country so require, plants, plant products or other objects intended for export must be accompanied by a phytosanitary certificate or, where applicable, other documents or marks defined and authorized under conditions fixed by decree.
“This phytosanitary certificate, or, where applicable, other documents or marks, is issued by the agents mentioned in I of article L. 251-18 when the plants, plant products or other objects are submitted to them. control, under conditions set by decree. “;
4 ° Article L. 251-16 is thus amended:
a) The words: “its crops or its products” are replaced by the words: “its plants, plant products and other objects”;
b) The words: “health-origin or phytopathological certificates” are replaced by the word: “phytosanitary”.
Article 38
I. – The first paragraph of Article L. 311-1 of the Rural Code is supplemented by a sentence worded as follows:
“The same applies to the preparation and training activities of domestic equines with a view to their exploitation, at the exclusion of entertainment activities. “
II. – After the word: “preparation”, the end of the fourth paragraph of article 63 of the general tax code reads as follows: “and training of domestic equines, with a view to their exploitation in activities other than those of the spectacle. . “
III. – The provisions of II apply for the determination of the results of the financial years beginning on or after January 1, 2004. They have effect, in terms of local direct taxes, only from the taxes established under the year 2005, according to the procedures provided for by IV to VII of article 22 of the 2004 finance law (n ° 2003-1311 of December 30, 2003).
IV. – Article 22 of the aforementioned 2004 finance law is amended as follows:
1 ° In the second paragraph of IV, in the second paragraph of V and in A of VII, the words: “activities of preparation, training of domestic equines and exploitation of adult equines within the framework of leisure activities” are replaced by the words: “activities of preparation and training of domestic equines, with a view to their exploitation in activities other than those of the spectacle”;
2 ° VII is thus amended:
a) In A, the date: “May 1, 2004” is replaced by the date: “December 31, 2004”;
b) The B reads as follows:
“B. – Before December 31, 2004, the taxpayers concerned by the provisions of I must file, with the competent tax service, a document mentioning the amount of the professional tax bases, other than those relating to property liable to property tax, established for 2004 and declared in 2003, corresponding to the preparation and training activities of domestic equines, with a view to their exploitation in activities other than entertainment. “
Article 39
I. – Section III of article 1693 bis of the general tax code reads as follows:
“III. – When, in application of II of article 73, the duration of an exercise is not equal to twelve months and the farmers have opted for an annual declaration as defined in the second sentence of 1 ° of I of article 298 bis, the latter cannot cover a period exceeding twelve months. If the financial year is longer than twelve months, they must, for this financial year, file two declarations. The first must cover the period between the first day of the financial year and the last day of the twelfth month which follows, and is filed before the fifth day of the fifth month following the last day of the period covered. The second declaration must cover the period between the first day of the month following the period covered by the first declaration and the last day of the financial year concerned, and must be filed before the fifth day of the fifth month following the close of the financial year. ‘exercise. If the financial year in question lasts less than twelve months, it is filed before the fifth day of the fifth month following the closing date of the financial year. The taxes due by virtue of articles 298 bis and 302 bis MB, calculated as stated in III and where applicable in 1 ° or 2 ° of IV of the latter article, are settled when these declarations are filed. ” period in question has a duration of less than twelve months, it is filed before the fifth day of the fifth month following the closing date of the financial year. The taxes due by virtue of articles 298 bis and 302 bis MB, calculated as stated in III and where applicable in 1 ° or 2 ° of IV of the latter article, are settled when these declarations are filed. ” period in question has a duration of less than twelve months, it is filed before the fifth day of the fifth month following the closing date of the financial year. The taxes due by virtue of articles 298 bis and 302 bis MB, calculated as stated in III and where applicable in 1 ° or 2 ° of IV of the latter article, are settled when these declarations are filed. “
II. – Article 302 bis MB of the same code is amended as follows:
1 ° The second paragraph of III reads as follows:
“Taxpayers including the variable part of the contribution due for the years 2003, 2004 and tax periods beginning in 2005, 2006, 2007 and 2008 is respectively 20% higher for the years 2003, 2004 and tax periods starting in 2005 and by 40%, 60% and 80% for tax periods starting in 2006 , 2007 and 2008, in total of the sums paid for the year 2002 in respect of the parafiscal taxes instituted by decrees n ° s 2000-1297 to 2000-1299 included and n ° s 2000-1339 to 2000-1344 included of December 26 2000 are authorized to set off the amount of this excess thus calculated on the amount of tax to be paid. “;
2 ° The 2 ° of IV is completed by a sentence worded as follows: “When it is paid for the period defined in the last sentence of 1 ° of I of article 298 bis, the fixed part and the threshold of 370,000 EUR mentioned in the first paragraph of III of this article as well as the amounts beyond which the tax due is capped in application of the second paragraph of said III are adjusted pro rata temporis; “
3 In 3 of the IV, the words” or the first quarter of the year “and the words” or which “are deleted.
Article 40
Section I of Article L. 720-5 of the Commercial Code is supplemented by a paragraph worded as follows:
“For nurserymen and horticulturalists, the sales area mentioned in 1 ° is that which they devote to the retail sale of products not coming from their exploitation, under conditions fixed by decree. “
Article 41
I. – Section 2 of article 265 bis A of the customs code is supplemented by a paragraph worded as follows:
“However, if these production units do not have as their main purpose the production of oils used as fuel or fuel , they are not subject to this obligation. In this case, these units benefit from a simplified declaration procedure defined by decree. “
II. – The loss of revenue for the State is compensated for by the creation of an additional tax to the rights provided for in articles 575 and 575 A of the general tax code.
Article 42
The first paragraph of Article L. 515-1 of the Environmental Code is thus amended:
1 ° After the words: “marl quarries”, are inserted the words: “, chalk and any material intended for tidal range soils ”;
2 ° It is completed by three sentences worded as follows:
“This exception is also applicable to stone, sand and clay quarries of low importance intended for the restoration of classified or registered historic monuments or of buildings appearing in the plan for the safeguard and enhancement of a sector safeguarded as that buildings whose demolition, removal or alteration are prohibited, or the restoration of old buildings whose heritage or architectural interest justifies that this be carried out with their original materials. The same exception is applicable to surveys carried out prior to the opening or extension of quarries of marble stone of low size and yield. These stone, sand and clay quarries and these surveys are subject to periodic checks, carried out at the operator’s expense, by approved organizations referred to in Article L. 512-11. “
Article 43
I. – 1. At the end of the first paragraph of article 1394 C of the general tax code, the words: “, in truffle trees or both” are deleted.
2. The provisions of 1 are applicable from 1 January 2005.
II. – The current provisions of article 1395 B of the same code constitute an I and an II is added as follows:
“II. – As of January 1, 2005, land newly planted with truffle trees is exempt from property tax on unbuilt properties for the first fifty years of sowing, planting or replanting. “
III. – In the second sentence of IV of article 105 of the 2004 finance law (n ° 2003-1311 of December 30, 2003), the words: “, in the absence of any new deliberation taken in application of the article 1394 C of the general tax code ”are deleted.
Article 44
The rural code is thus amended:
1 ° The second paragraph of article L. 641-2 is supplemented by the words: “which include control of production conditions and control of products”;
2 ° The second and third paragraphs of Article L. 641-6 are replaced by four paragraphs worded as follows:
“The approval of products with a designation of origin is placed under the responsibility of the National Institute of Appellations. original. It may delegate by agreement all or part of the organization to the approved body referred to in Article L. 641-10.
“The control of compliance with the specifications of products benefiting from a protected geographical indication is placed under the responsibility of the National Institute of Designations of Origin, which may delegate by agreement the exercise to the certified certification body in accordance with in Article L. 643-5 for the issuance of the label or certification of conformity on which the protected geographical indication is based.
“Failure to respect the delimitation of the geographical area, one of the production conditions or the approval or control procedure results in the prohibition of use, in any form or for any purpose whatsoever. , the name of the appellation of origin or the protected geographical indication, notwithstanding the application of the penalties provided for in Article L. 115-16 of the Consumer Code.
“The decree of the controlled designation of origin or the specifications for the protected geographical indication may include, for any person involved in the production conditions, the obligation to keep one or more registers or to make all declarations. , suitable to allow the realization of the approval or control of compliance with the specifications. “;
3 ° Article L. 641-10 is worded as follows:
“Art. L. 641-10. – To meet the obligations imposed on them with regard to the organization of the approval of products with controlled designation of origin, the bodies approved for this purpose by the National Institute of Designations of Origin are authorized to take from the producers said income from contributions which, notwithstanding their compulsory nature, remain private law claims. The Court of Auditors verifies the accounts and the management of approved bodies.
“For wines, the amount of these contributions, which may not exceed 0.80 EUR per hectolitre of wine claimed as a designation of origin in the application for approval presented to the National Institute of Designations of Origin, is payable when of the filing of this request.
“For products other than wines, these contributions, payable annually, are based on the quantities, expressed in units of mass or volume, of products intended for marketing under controlled designation of origin. A joint order of the Minister of Agriculture and of the Minister in charge of the budget fixes, by name, the amount of these contributions after opinion of the national committees concerned of the National Institute of the labels of origin, within the limit of:
‘- EUR 0.80 per hectolitre or EUR 8 per hectolitre of pure alcohol for alcoholic beverages other than wines;
‘- EUR 0.08 per kilogram for agri-food products other than wines and alcoholic beverages. “
Article 45
Article L. 641-22 of the rural code is thus re-established:
“Art. L. 641-22. – In order to ensure compliance with the conditions of production of local wines, the harvester who intends the harvest of a plot for the production of such a wine may be required to make a declaration under the conditions and according to terms set by decree.
“For plots suitable for producing both local wines and wines of controlled designation of origin, the same harvest cannot be both the subject of the declaration provided for in the preceding paragraph and of a declarations mentioned in the fifth paragraph of article L. 641-6. “
Article 46
Article L. 641-23 of the Rural Code is amended as follows:
1 ° In the first paragraph, the word: “fourth” is replaced by the word: “second” and the words: “of article 72, paragraph 2, of Council Regulation (EEC) No 822/87 of 16 March 1987 “are replaced by the words:” of Article 51 of Council Regulation (EC) No 1493/1999 of 17 May 1999 “;
2 ° In the third paragraph, the words: “or” mas “are replaced by the words:” “mas,” tower, “mill,” abbey, “country house,” manor, “commandery,” monastery, “priory,” chapel or “campaign”.
Article 47
The fourth paragraph of Article L. 632-7 of the Rural Code is replaced by two paragraphs worded as follows:
“If the supply contract, automatically null and void, relates to a product subject to excise duty, the administration competent authority may, on a proposal from the inter-professional organization concerned, suspend the circulation of this product.
“If the supply contract or its performance do not comply with the provisions of Article L. 632-6 or paragraph 1 of Article 41 of Council Regulation (EC) No 1493/1999 of 17 May 1999, on the common organization of the wine market and fixed in the extended agreement, and that it relates to a product subject to excise duty, the competent administration may, on a proposal from the inter-professional organization concerned, suspend the putting into circulation of this product. produced without the need to first have the contract declared void by the judge. A Council of State decree sets the conditions for the application of this paragraph. “
Article 48
Article L. 632-7 of the Rural Code is supplemented by a paragraph worded as follows:
“The services placed under the authority of the ministers responsible for the economy, the budget, agriculture and fisheries, as well as bodies placed under their supervision, may communicate to inter-professional organizations recognized in application of Article L. 632-1 directly available information relating to the production, marketing and processing of products, which are necessary for the accomplishment of the missions defined in Articles L. 632-1 to L. 632-3, under the conditions specified by agreement, after consultation with the Commission for Access to Administrative Documents and the National Commission for Data Processing and Freedoms. “
Chapter IV
Provisions relating to employment
Article 49
4 ° of I of Article L. 720-5 of the Commercial Code is thus amended:
1 ° After the words: “retail distribution installation”, the words: “fuel and” are inserted;
2 ° It is supplemented by a paragraph worded as follows:
“The provisions relating to fuel distribution installations are specified by decree. “
Article 50
Article L. 131-5 of the Education Code is supplemented by a paragraph worded as follows:
“The conclusion of a seasonal employment contract opens the right to enroll their children in a school in the municipality of their own. place of temporary residence or work. “
Article 51
In order to ensure the free movement of goods and people during the winter under satisfactory conditions in terms of time and safety, the Government will make the necessary adjustments to the regulations relating to working time, both for the public sector and for the private sector.
Article 52
Article L. 122-3-15 of the Labor Code is supplemented by a paragraph worded as follows:
“The duration of successive seasonal employment contracts is accumulated in the same company for the calculation of seniority. “
Article 53
Article L. 212-5-1 of the Labor Code and Article L. 713-9 of the Rural Code are supplemented by a paragraph worded as follows:
“An employee whose seasonal employment contract ends may request to his employer the conversion of his compensatory rest rights into compensation so as not to hinder another job or training. “
Article 54
After the eighth paragraph of article 29 of law n ° 82-1153 of 30 December 1982 on the orientation of inland transport, a subparagraph is inserted as follows:
“In the event of a lack of transport supply, in particular following to an unsuccessful call for competition, individuals or associations registered in the transport register may be called upon, under conditions derogating from the provisions of Article 7 provided for by decree, to carry out, using vehicles of less than ten places, including drivers, for school transport services referred to in Article L. 213-11 of the Education Code or on-demand services. “
Article 55
I. – Article L. 127-9 of the labor code reads as follows:
“Art. L. 127-9. – When the main purpose of an employers’ group is to make replacements available to heads of farms or companies mentioned in 1 ° to 4 ° of Article L. 722-1 of the Rural Code, the contracts contracts entered into by this group may, notwithstanding Article L. 127-2 of this code, not mention the list of potential users and only specify the geographical area of execution of the contract which must provide for limited travel.
“The provisions of this article also apply to employers’ groups whose main purpose is to replace heads of craft enterprises,
“A decree in the Council of State sets the conditions under which the competent administrative authority is informed of the composition of the employers’ group set up in application of this article and grants it approval. “
II. – After article L. 127-3 of the same code, an article L. 127-3-1 is inserted as follows:
“Art. L. 127-3-1. – An employee made available by a group of employers can benefit from a delegation of power from the business manager of the user company under the same conditions as an employee of this company. “
Article 56
I. – In 3 of article 224 of the general tax code, 3 ° is supplemented by the words: “and, in proportion to the remuneration paid within the framework of the provision of personnel to members not subject or benefiting from ‘an exemption, other groups of employers set up in accordance with the terms set out in Chapter VII of Title II of Book I of the Labor Code ”.
II. – The provisions of I apply to the apprenticeship tax due on the basis of remuneration paid from January 1, 2004.
Article 57
I. – Section 1 of article 214 of the general tax code is supplemented by six paragraphs worded as follows:
“8 ° With regard to employers’ groups operating under the conditions provided for in articles L. 127-1 to L. 127-9 of the Labor Code, amounts up to a limit of 10,000 EUR for the same financial year.
“This deduction is exercised on the condition that, at the end of the financial year, the group has entered in a special allocation account opened with a credit institution an amount from revenue for the financial year at least equal to the amount of the deduction. Savings must be entered on the assets side of the balance sheet.
“The sums deposited in the account can be used during the five fiscal years following that of their payment within the framework of the implementation of the joint and several liability provided for in the last paragraph of article L. 127-1 of the labor code. .
“When the sums deposited in the account are used for the purpose provided for in the preceding paragraph, the corresponding deduction is reported to the result of the financial year during which the withdrawal took place.
“When the sums deposited in the account are not used during the five fiscal years following that of their payment, the corresponding deduction is reported to the results of the fifth fiscal year following that in respect of which it was made.
“When the sums deposited in the account are used for purposes other than that defined above during the five years following that of their deposit, all the deductions corresponding to the sums appearing in the account on the day of this use are reported to the result of the financial year during which this use was made. The aforementioned account is a current account which exclusively records the transactions defined above. “
II. – The provisions of I apply to the results of fiscal years beginning on or after January 1, 2004.
Article 58
In the first paragraph of Article L. 127-1-1 of the Labor Code, after the words: “of a collective agreement”, the words: “or of an establishment agreement” are inserted.
Article 59
After article L. 127-9 of the labor code, a chapter VII bis is inserted as follows:
“Chapter VII bis
“Provisions specific to employers’ groups made up of members of private law and local authorities
“ Art. L. 127-10. – In order to promote the development of employment in a territory, natural or legal persons governed by private law may create, with local authorities and their public establishments, groups of employers formed in the form of associations governed by the law of July 1, 1901 relating to the association contract or, in the departments of Haut-Rhin, Bas-Rhin and Moselle, associations governed by the local civil code or craft cooperatives.
“The local authorities and their public establishments cannot constitute more than half of the members of the groups created in application of this article.
“Art. L. 127-11. – The tasks entrusted to the employees of the group made available to a local authority are carried out exclusively within the framework of an industrial and commercial public service. They cannot constitute the main activity of the employees of the group and the time devoted by each employee of the group to work on behalf of the member local authorities must be less than half time.
“Art. L. 127-12. – Under the conditions provided for in 8 ° of article 214 of the general tax code, the group organizes the guarantee vis-à-vis debts towards the employees of the group and the organizations creditor of compulsory contributions.
“Art. L. 127-13. – A decree in the Council of State determines the methods of choice of the collective agreement applicable to the grouping as well as the conditions of information of the administrative authority competent of the creation of the group.
“Art. L. 127-14. – Subject to the provisions of Articles L. 127-10 to L. 127-12, the provisions of Chapter VII of this Title apply to employers’ associations created in application of this Chapter. “
Article 60
Article L. 444-4 of the Labor Code is supplemented by a paragraph worded as follows:
“If there is no incentive scheme, participation or company savings plan specific to a group of ’employers, an employee placed at the disposal of a company by this grouping must be able to benefit, like the other employees of the company, from the profit-sharing and participation systems provided for in Chapters I and II of this title or from the employee benefit plans. ‘savings provided for in Chapter III of the same title, in force within this company, in proportion to the time it is made available, and in compliance with the conditions of seniority appearing in the aforementioned agreements and regulations. “
Article 61
The third paragraph of article 25 of law n ° 84-53 of January 26, 1984 on statutory provisions relating to the territorial civil service is worded as follows:
“When, within the framework of the provisions of the preceding paragraph, the needs of municipalities with less than 3,500 inhabitants and of public inter-municipal cooperation establishments composed exclusively of municipalities of this category allow the recruitment of a non-full-time agent and for a cumulative period of service at least equal to half of the legal working time, the management centers may recruit for a longer period and put the agent, with his consent, for the time remaining available, to the available to one or more private employers with whom he can perform any activity compatible with his public employment with regard to the rules relating to the ethics of public officials. This provision is subject to an agreement which provides for reimbursement by the private employer (s) to the management center of the salary and related charges in proportion to the time spent in his or their service. The provision provided for in this paragraph is not possible with a company in which the agent or the mayors of the municipalities concerned have an interest. “
Article 62
Article L. 761-4-1 of the Rural Code is supplemented by a sentence worded as follows:
“They may, under the same conditions, be assigned to maintenance work on the natural heritage of the municipalities and the aforementioned public establishments. “
Article 63
I. – In the first paragraph of Article L. 120-3 of the Labor Code, after the words: “family allowance contributions”, the words are inserted: “or entered in the register of passenger road transport companies , who provide school transport provided for in article L. 213-11 of the education code, or transport on demand in accordance with article 29 of law n ° 82-1153 of December 30, 1982 on orientation inland transport. “
II. – These provisions apply from January 1, 2005.
Subject to legal decisions which have become final, the contributions due for remuneration paid before this date to the persons mentioned above cannot give rise to forced recovery.
Article 64
Article L. 171-3 of the Social Security Code is amended as follows:
1 ° At the beginning of the second paragraph, the words are inserted: “When these two activities are both carried out throughout the ‘year,’;
2 ° After the second paragraph, a paragraph worded as follows is inserted:
“When one of these two activities is permanent and the other only seasonal, the main activity is that of the regime corresponding to the permanent activity. However, people whose income from their various self-employed activities is taxed in the same tax category are affiliated to the only regime corresponding to this category. “;
3 ° The last paragraph reads as follows:
“The conditions of application of this article are fixed by decree of the Council of State. “
Article 65
After the first paragraph of Article L. 132-5 of the Labor Code, a paragraph is inserted as follows:
“As regards the agricultural professions referred to in Article L. 131-2, the scope of application collective agreements and agreements may, moreover, take into account the legal status of the companies concerned or the social protection scheme of affiliation of their employees. “
Article 66
I. – In Article L. 321-5 of the Rural Code, a paragraph worded as follows is inserted after the first paragraph:
“When the head or a partner of a holding or of an agricultural enterprise also exercises a non-salaried non-agricultural activity and is affiliated to the only agricultural scheme in application of article L. 171-3 of the social security code, his spouse can also claim the status of employee by virtue of his participation in the self-employed activity non-agricultural. “
II. – The 2 ° of article L. 752-1 of the same code reads as follows:
“2 ° The spouses mentioned in a of 4 ° of article L. 722-10 participating in the development of the holding or the business, as well as those who participate in the non-agricultural self-employed activity when the manager or the operating partner is attached to the only agricultural scheme for non-agricultural employees in application of article L. 171-3 of the social security code, whether or not the spouses are personally covered by a compulsory health and maternity insurance plan, with the exception of the spouses of persons referred to in 3 ° of Article L. 722-10; “.
Article 67
I. – Article L. 931-15 of the Labor Code is supplemented by a paragraph worded as follows:
“An extended collective agreement or agreement may set seniority conditions giving entitlement to training leave that are lower than those provided for in a and B. “
II. – In the first paragraph of Article L. 931-20 of the same code, the words: “to the last” are replaced by the words: “to the second to last”.
III. – Chapter I of Title III of Book IX of the same code is supplemented by a section 5 worded as follows:
“Section 5
“Allocation of funds collected for training leave
“Art. L. 931-30. – For employees listed in Article L. 722-20 of the Rural Code as well as for tourism employees, the sums collected under section 1 and section 2 of this chapter may, by extended branch agreement, be used indifferently for the benefit of employees holding an open-ended employment contract or a fixed-term employment contract, up to a limit of 15% of the amounts withdrawn for one of the two collections. “
IV. – It is inserted, after article L. 932-1 of the same code, an article L. 932-1-1 as follows:
“Art. L. 932-1-1. – Without prejudice to the provisions of Article L. 932-1, when, in application of an extended collective agreement or agreement or the employment contract, the employer undertakes to renew the contract of an employee occupying a seasonal job for the following season, a fixed-term employment contract may be concluded, on the basis of article L. 122-2, to allow the employee to participate in a training action provided for in the company formation. The duration of the contract is equal to the planned duration of the training action.
“For the determination of the remuneration received by the employee, the functions referred to in the second paragraph of article L. 122-3-3 are those that the employee must perform during the following season.
“An extended collective agreement or agreement determines the conditions under which the employer offers the employee to participate in a training action and, in particular, within what time period before the start of the training this proposal must be made.
“The employee’s refusal to participate in a training action under the conditions provided for in this article does not exempt the employer from his obligation to renew the contract for the following season.
“The fixed-term contracts thus signed are mentioned in the employers’ declaration referred to in Articles L. 951-12 and L. 952-4. “
V. – In the first paragraph of article L. 931-20 of the same code, after the words:” article L. 931-15 “, are inserted the words:” and in article L. 932 -1-1 ”.
Article 68
I. – Article L. 953-3 of the Labor Code is amended as follows:
1 ° The first paragraph is supplemented by a sentence worded as follows:
“For heads of agricultural operations working in the overseas departments, the amount of this contribution varies according to the weighted surface of the farm mentioned in article L. 762-7 of the rural code, under conditions set by decree. “;
2 ° The second paragraph is worded as follows:
“For the spouses and members of the family of heads of farms or agricultural enterprises mentioned in Article L. 732-34 of the Rural Code, as well as for spouses who have opted for the status of cooperative farmer spouse or agricultural business mentioned in Article L. 321-5 of the same code, the contribution is equal to the minimum amount provided for in the previous paragraph. “;
3 ° The penultimate paragraph is completed by a sentence worded as follows:
“For the application of these provisions in the overseas departments, the general social security funds exercise the functions devolved to the agricultural social mutual funds. “
II. – The provisions of I are applicable from January 1, 2000 for mainland France and from January 1, 2004 for the overseas departments.
Article 69
Article L. 212-4-12 of the Labor Code is supplemented by a paragraph worded as follows:
“Notwithstanding the provisions of the previous paragraph, the sheltered workshops mentioned in Article L. 323-30 may enter into the contract provided for above, even in the absence of a collective agreement or collective agreement providing for it, as soon as this contract is concluded with a disabled worker, beneficiary of the employment obligation defined in Article L. 323- 3. “
Article 70
Article L. 811-10 of the Rural Code is supplemented by a paragraph worded as follows:
“Similarly, for the application of the provisions of the second paragraph of Article L. 351-3 of the Education Code, the terms “academy inspector, director of departmental national education services mean the regional director of agriculture and forestry.”
Article 71
I. – The rural code is thus amended:
1 ° The title of Chapter VII of Title I of Book VII is worded as follows: “Occupational health services”;
2 ° In the second and last sentences of the first paragraph of article L. 717-3 and in 2 ° of article L. 723-35, the words “occupational medicine” are replaced by the words: “Occupational health”;
3 ° In the first paragraph of I of Article L. 712-1, in the last sentence of the first paragraph and in the last paragraph of Article L. 717-2, in the first sentence of the first paragraph of article L. 717-3 as well as in the first and last sentences of the last paragraph of the same article, and in 1 ° of article L. 717-4, the words: “of occupational medicine” are replaced by the words: “from the occupational health service”;
4 ° In the first paragraph of Article L. 717-1, 2 ° of Article L. 723-35 and Article L. 732-17, the words: “to occupational medicine” are replaced by the words: “to occupational health services”;
5 ° In the first sentence of the first paragraph of Article L. 717-2, the words: “occupational medical services” are replaced by the words: “occupational health services”.
II. – After article L. 717-2 of the same code, an article L. 717-2-1 is inserted as follows:
“Art. L. 717-2-1. – The central board of directors of the agricultural social mutual insurance company fixes each year, after obtaining the assent of the central committee for the social protection of agricultural employees:
“- the rate of the contribution due by employers of labor, including the base is fixed by decree;
“- the amount of the contribution due by the user of a temporary employee, for special medical surveillance, in accordance with article L. 124-4-6 of the labor code;
“- the amount of the contribution due by the operators mentioned in the first paragraph of article L. 717-2.
“If the aforementioned rates and amounts have not been determined at the end of a period provided for by decree, the Minister responsible for agriculture may set them by decree.
“The mission of the central fund of the agricultural social mutuality is to centralize the revenue from the contribution due by the employers of labor and users of temporary employees, to distribute this revenue and compensate the charges of the funds of agricultural social mutuality in matters of occupational health, under the conditions provided for by decree.
“The decisions of the central general assembly and the central board of directors of the agricultural social mutuality are subject to the approval of the minister responsible for agriculture under the conditions provided for in article L. 152-1 of the code of social Security. “
III. – The provisions of II will come into force on January 1, 2007. The rates and amounts due for the years 2005 and 2006 will be set annually by the boards of directors of the departmental agricultural social mutual funds within the maximum and minimum limits set by the central board of directors of the agricultural social mutuality after obtaining the assent of the central committee for the social protection of agricultural employees.
Article 72
I. – After article L. 752-29 of the rural code, an article L. 752-29-1 is inserted as follows:
“Art. L. 752-29-1. – Before January 1, 2010, an anti-rollover safety structure is fitted to tractors in service on a farm. The minister in charge of agriculture fixes by decree the technical requirements relating to these vehicles, their verification methods and the conditions for approving these verifications. “
II. – After the fourth paragraph of I of Article L. 341-1 of the same code, a paragraph worded as follows is inserted:
“- securing mobile work equipment with carried workers, in particular to prevent the risk of overturning. “
TITLE II
PROVISIONS RELATING TO LAND MANAGEMENT INSTRUMENTS AND THE RENOVATION OF BUILT RURAL HERITAGE
Chapter I
Protection of agricultural and natural peri-urban areas
Article 73
Chapter III of Title IV of Book I of the Town Planning Code is thus restored:
“Chapter III
“Protection and enhancement of agricultural
and natural peri-urban areas
“Art. L. 143-1. – To implement a policy of protection and enhancement of agricultural and natural peri-urban areas, the department can define intervention areas with the agreement of the municipality (s) concerned or of the public establishments competent in local matters. of town planning, after opinion of the departmental chamber of agriculture and public inquiry. The approved perimeters are made available to the public.
“These perimeters must be compatible with the territorial coherence plan, if there is one. They may not include land located in an urban area or to be urbanized delimited by a local town planning plan, in a building sector delimited by a municipal map or in a perimeter or a provisional perimeter of a deferred development zone.
“Art. L. 143-2. – The department draws up, in agreement with the competent municipality (ies) or public inter-municipal cooperation establishments, an action program which specifies the arrangements and management guidelines intended to promote agricultural exploitation, forest management, preservation and enhancement of natural spaces and landscapes within the perimeter delimited in application of article L. 143-1. When this perimeter includes part of the territory of a regional natural park, the action program must be compatible with the park charter.
“Art. L. 143-3. – Within a perimeter delimited in application of article L. 143-1, land may be acquired by the department or with its agreement and after informing the municipalities and public inter-municipal cooperation establishments concerned with a view to the protection and enhancement of agricultural and natural peri-urban areas. These acquisitions are made under the following conditions:
“1 ° Throughout the perimeter, by the department or, with the agreement of the latter, by another local authority or a public establishment of inter-municipal cooperation, amicably or by expropriation or, in the areas of pre-emption of sensitive natural areas delimited in application of article L. 142-3, by exercising this right of pre-emption. In the Ile-de-France region, the Green Spaces Agency provided for in article L. 4413-2 of the general code of local authorities may, with the agreement of the department, acquire amicably land located in the perimeter;
“2 ° Outside pre-emptive zones of sensitive natural spaces, by the land development and rural establishment company exercising at the request and on behalf of the department the right of pre-emption provided for by 9 ° of article L. 143-2 of the rural code;
“3 ° By a public establishment mentioned in the third or fourth paragraph of article L. 321-1 of this code or a local public land establishment mentioned in article L. 324-1 acting at the request and on behalf of the department or, with its agreement, another local authority or a public inter-municipal cooperation establishment.
“In the absence of a competent land development and rural establishment company, if it has not given a mandate to a public establishment mentioned in the previous paragraph, the department itself exercises this right of preemption provided for by 9 ° of article L. 143-2 of the rural code under the conditions provided for in chapter III of title IV of book I of the same code.
“These goods are integrated into the private domain of the local authority or of the public establishment which acquired them. They must be used for the achievement of the objectives defined by the action program. They can be sold by mutual agreement, rented in accordance with the provisions of Title I of Book IV of the Rural Code or temporarily granted to public or private persons on the condition that these persons use them for the purposes prescribed by the specifications annexed to the deed of sale, rental or temporary concession.
“When the department decides not to make use of the right of pre-emption provided for by 9 ° of article L. 143-2 of the rural code, the company for land development and rural establishment may nevertheless exercise the right of pre-emption already provided for by 1 ° to 8 ° of this article.
“Art. L. 143-4. – The land included in a perimeter delimited in application of article L. 143-1 cannot be included either in an urban area or to be urbanized delimited by a local urban plan, nor in a building area delimited by a municipal map .
“Art. L. 143-5. – Modifications may be made by the department to the perimeter of protection and enhancement of agricultural and natural peri-urban areas or to the action program with the agreement of only the municipalities interested in the modification and after opinion of the departmental chamber of Agriculture.
“However, any modification of the perimeter having the effect of removing one or more sites can only be made by decree.
“Art. L. 143-6. – A decree in the Council of State determines the conditions of application of this chapter. It approves the standard clauses of the specifications provided for in Article L. 143-3, which specify in particular the conditions under which transfers, rentals or temporary concessions are granted and terminated in the event of non-performance of the obligations of the co-contractor. “
Article 74
I. – In the first sentence of the last paragraph of Article L. 122-1 of the Town Planning Code, after the words: “municipal maps,” are inserted the words: “the delimitation of the planned intervention perimeters in Article L. 143-1, ”.
II. – Article L. 321-1 of the same code is supplemented by a paragraph worded as follows:
“Within the perimeters delimited in application of article L. 143-1, the public establishments mentioned in the third and fourth paragraphs may proceed, after informing the municipalities and the public inter-municipal cooperation establishments concerned, with the land acquisitions necessary for the protection of peri-urban agricultural and natural spaces, where applicable by exercising, at the request and on behalf of the department, the right of pre-emption provided for in article L. 142-3 or, outside the pre-emptive zones of natural spaces sensitive, the right of pre-emption provided for in point 9 of article L. 143-2 of the rural code. “
III. – The first paragraph of Article L. 324-1 of the same code is supplemented by a sentence worded as follows:
“Within the perimeters delimited in application of Article L. 143-1, they may proceed, after informing the municipalities and public inter-municipal cooperation establishments concerned, with the land acquisitions necessary for the protection of agricultural and natural areas. peri-urban areas, where applicable by exercising, at the request and on behalf of the department, the right of pre-emption provided for by article L. 142-3 or, outside the pre-emptive zones of sensitive natural areas, the right of pre-emption provided for by 9 ° of article L. 143-2 of the rural code. “
IV. – In the second paragraph of Article L. 141-6 of the Rural Code, the word: “quarter” is replaced by the word: “third” and the number: “eighteen” is replaced by the number: “twenty- four ”.
V. – Article L. 143-2 of the same code is supplemented by a 9 ° worded as follows:
“9 ° Under the conditions provided for in Chapter III of Title IV of Book I of the Town Planning Code, the protection and the development of agricultural and natural peri-urban areas. “
VI. – After article L. 143-7 of the same code, an article L. 143-7-1 is inserted as follows:
“Art. L. 143-7-1. – Within the perimeters delimited in application of article L. 143-1 of the town planning code, the land development and rural establishment company informs the chairman of the general council of all declarations of intent to alienate.
“When the department decides to use the right of preemption provided for in 2 ° of article L. 143-3 of the town planning code within the perimeters mentioned in the first paragraph, this right is applicable to all land, built or not, or set of social rights giving rise to the allocation of ownership or enjoyment of land, which are the subject of an alienation for consideration, in any form whatsoever and which are not subject to the right of pre-emption provided for in article L. 142-3 of the town planning code. The 2 ° and 5 ° of article L. 143-4 and article L. 143-7 of this code are then not applicable.
“The right of pre-emption provided for in point 9 of article L. 143-2 may be exercised for the acquisition of a fraction of a land unit included in the perimeters mentioned in the first paragraph. In this case, the owner can demand that the holder of the pre-emptive right acquires the whole of the land unit. The acquisition price set by the competent court in matters of expropriation takes into account any depreciation suffered, due to partial preemption, by the remaining fraction of the land unit.
“The terms of financing of operations conducted by the land development and rural establishment company on behalf of the general council in application of 9 ° of article L. 143-2 are set by an agreement between the general council and the said company. “
Article 75
Before the last paragraph of Article L. 641-11 of the Rural Code, a paragraph is inserted as follows:
“When it decides not to follow the Minister’s opinion, the administrative authority specifies the reasons in its decision. “
Article 76
The fourth paragraph of Article L. 641-2 of the Rural Code reads as follows:
“The name which constitutes the appellation of origin or any other mention evoking it cannot be used for any similar product, without prejudice to the provisions. laws or regulations in force on July 6, 1990. They cannot be used for any establishment and any other product or service, when such use is likely to divert or weaken the reputation of the appellation of origin. “
Chapter II
Provisions relating to land development
Article 77
The second sentence of the second paragraph of I of Article L. 141-1 of the Rural Code reads as follows:
“They contribute to the diversity of landscapes, the protection of natural resources and the maintenance of biological diversity. “
Article 78
Article L. 111-2 of the Rural Code is supplemented by an 8 ° and a 9 ° worded as follows:
“8 ° Contribute to the prevention of natural risks;
“9 ° Ensure the development and protection of rural heritage and landscapes. “
Article 79
The second paragraph of Article L. 111-3 of the Rural Code is replaced by three paragraphs worded as follows:
“In the currently urbanized parts of the municipalities, removal rules different from those resulting from the first paragraph may be set to comply with account of the existence of agricultural constructions previously established. These rules are set by the local urban plan or, in municipalities without a local urban plan, by deliberation of the municipal council, taken after the opinion of the chamber of agriculture and public inquiry.
“In sectors where specific rules have been set in application of the previous paragraph, the limited extension and work made necessary by upgrading existing farms are authorized, notwithstanding the proximity of residential buildings.
“Notwithstanding the provisions of the first paragraph, a lower separation distance may be authorized by the authority which issues the building permit, after consulting the chamber of agriculture, to take into account local specificities. Such a derogation is not possible in sectors where specific rules have been laid down in application of the second paragraph. “
Article 80
I. – In the rural code and the forest code:
1 ° The words: “land consolidation”, “rural land consolidation”, “collective land consolidation”, “land consolidation-development” are replaced by the words: “agricultural and forest land development”;
2 ° The words: “land consolidation”, “rural land consolidation”, “collective land consolidation”, “land consolidation” are replaced by the words: “agricultural and forestry land development”;
3 ° The words: “land consolidation”, “rural land consolidation”, “collective land consolidation”, “land consolidation-development” are replaced by the words: “agricultural and forestry land development”;
4 ° The words: “of land consolidation”, “of rural land consolidation”, “of collective land consolidation”, “of land consolidation-development” are replaced by the words: “of agricultural and forest land development”;
5 ° The words: “to land consolidation”, “to rural land consolidation”, “to collective land consolidation”, “to land consolidation-development” are replaced by the words: “to agricultural and forestry land development”;
6 ° The words: “of land consolidation”, “of rural land consolidation”, “of collective land consolidation”, “of land consolidation-development” are replaced by the words: “of agricultural and forest land development”.
II. – In Article L. 127-1 of the Rural Code, the words: “land reorganization and consolidation” are replaced by the words: “agricultural and forestry land development”.
III. – Article L. 121-1 of the rural code reads as follows:
“Art. L. 121-1. – The purpose of rural land development is to improve the operating conditions of rural agricultural or forest properties, to ensure the development of rural natural spaces and to contribute to the development of the municipal or inter-municipal territory defined in the local town planning plans, municipal maps or the documents in lieu thereof, in compliance with the objectives mentioned in Articles L. 111-1 and L. 111-2.
“The different modes of rural land development are as follows:
“1 ° Agricultural and forestry land development governed by Articles L. 123-1 to L. 123-35;
“2 ° Amicable exchanges and transfers of rural buildings governed by Articles L. 124-1 to L. 124-13;
“3 ° The development of uncultivated land governed by Articles L. 125-1 to L. 125-15 and L. 128-3 to L. 128-12, and the regulation and protection of afforestation governed by Articles L. 126-1 to L. 126-5.
“The procedures are conducted by municipal, inter-municipal or departmental land development commissions, under the responsibility of the department.
“Land development projects, with the exception of the procedures mentioned in 3 ° and in Articles L. 124-3 and L. 124-4, are carried out at the request of at least one of the municipalities concerned and make the The subject of a development study comprising an analysis of the initial state of the site and its environment, in particular the landscape, as well as any recommendations useful for the implementation of the development operation.
“For the exchanges and disposals of rural buildings governed by articles L. 124-5 to L. 124-12, this study mainly includes the elements necessary to determine and justify the choice of these land developments and their perimeter.
“The provisions of Article L. 126-1 of the Code of environment are not applicable to land development operations. “
Article 81
In the first paragraph of article L. 2243-1 and in the first paragraph of article L. 2243-4 of the general code of local authorities, after the words: “of buildings,”, are inserted the words: “Private roads with a public right of way,”.
Article 82
The third paragraph (1 °) of Article L. 121-3 of the Rural Code reads as follows:
“1 ° The mayor and a municipal councilor, as well as two alternate municipal councilors appointed by the municipal council; “.
Article 83
Section 1 of Chapter I of Title II of Book I of the Rural Code is as follows:
I. – Article L. 121-2 is worded as follows:
“Art. L. 121-2. – The general council may set up a municipal or inter-municipal land development commission:
“1 ° At the request of the municipal council (s) of the municipalities concerned when an agricultural and forestry land development or an exchange and transfer operation is envisaged. plots within the framework of a land development perimeter;
“2 ° At the request of the owners or operators of the municipality when they plan to proceed with amicable exchanges and transfers under the conditions provided for in Article L. 124-3.
“In the case provided for in Article L. 123-24, the establishment of a municipal or inter-municipal land development commission is automatic from the publication of the decree opening a public inquiry. “
II. – In article L. 121-3, the word: “prefect” is replaced by the words: “president of the general council”.
III. – Article L. 121-4 is amended as follows:
1 ° The first paragraph is worded as follows:
“When land development concerns the territory of several neighboring municipalities, the land can be included in the same land development perimeter. In this case, the general council can create an intercommunal commission endowed with the same powers as the communal commission and associating representatives of the commune mainly interested in the development as well as of each of the communes of which at least one twentieth of the territory is included in the territorial limits thereof. This creation is of right when one of these municipalities so requests, or if more than a quarter of the territory of one of the municipalities other than the municipality mainly interested in the development is included in these limits. “;
2 ° In 3 ° and 4 °, the word: “prefect” is replaced by the words: “president of the general council”;
3 ° In the penultimate paragraph, the word: “prefect” is replaced by the words: “general council or its president”.
IV. – Articles L. 121-3, L. 121-4 and L. 121-5-1 are supplemented by a paragraph worded as follows:
“When the land development perimeter includes land located on the territory of the municipalities of a regional natural park, the composition of the commission is completed by a representative of this park appointed by the president of the park management body. “
V. – Point 3 of Article L. 121-5 reads as follows:
” 3 ° Intervenes with regard to agricultural and forestry land development in forest areas; “.
VI. – Article L. 121-5-1 is amended as follows:
1 ° In the first paragraph and, twice, in b, the words: “in 8 ° of article L. 121-1” are replaced by the words: “in 2 ° of Article L. 121-1”;
2 ° In b, the words: “subject to the provisions of the third paragraph of article L. 121-13” are deleted;
3 ° In 3 °, 4 ° and the penultimate paragraph of a as well as 3 ° and 4 ° of b, the word: “prefect” is replaced by the words: “president of the general council” .
VII. – In article L. 121-7 and in the first paragraph of article L. 121-10, after the words: “the prefect”, the words: “or the president of the general council” are inserted.
VIII. – In Articles L. 121-8 and L. 121-9, the word: “prefect” is replaced by the words:
IX. – Point 3 of Article L. 121-8 reads as follows:
“3 ° Six qualified people appointed by the Chairman of the General Council; “.
X. – Article L. 121-11 is worded as follows:
“Art. L. 121-11. – When the departmental commission, seized again following an annulment by the administrative judge, finds that the modification of the plot necessary to ensure by allocations in kind the restoration of their rights to the owners concerned would have excessive consequences on the situation other operations, it may, by reasoned decision, provide that this re-establishment will be ensured by an indemnity payable by the department, the amount of which it determines. “
XI. – In article L. 121-12, the words: “or national” are deleted twice and the words: “the prefectural decision” are replaced by the words: “the decision of the president of the general council”.
Article 84
Section 2 of Chapter I of Title II of Book I of the Rural Code is thus amended:
1 ° The last four paragraphs of Article L. 121-13 are replaced by three paragraphs thus worded:
“When the General Council intends to give a following favorable response to a request submitted in application of 1 ° of Article L. 121-2, or to a request from a municipal or inter-municipal land development commission for the implementation of agricultural and forestry development or of an exchange and sale of plots within the framework of a land development perimeter, it decides to initiate the development study provided for in Article L. 121-1.
“The president of the general council informs the prefect, who brings to his attention as soon as possible the information necessary for the development study, in particular the relevant legislative and regulatory provisions, public utility easements affecting land use. , information relating to natural risks which must be taken into consideration during the land development operation as well as the technical studies available to the State.
“In the case provided for in article L. 123-24, the commission decides, within two months of its constitution, on the advisability of carrying out land development operations or not. When the commission is considering land development, the president of the general council is required to initiate a development study. “;
2 ° Article L. 121-14 reads as follows:
“Art. L. 121-14. – I. – In view of the development study, the municipal or inter-municipal land development commission proposes to the general council the land development method (s) that it deems appropriate to apply and the corresponding perimeter (s) as well that the requirements that the plan of the new plot and related works must comply with, in particular with a view to satisfying the principles laid down by Article L. 211-1 of the Environment Code.
“In view of this proposal and the development study, the general council either renounces the planned land development operation, or submits the development operation project and the prescriptions to a public inquiry under the conditions set. by decree of the Council of State. The public inquiry notice mentions that the owners must report to the General Council, within one month, the legal challenges in progress. This notice must be notified to the authors of these legal challenges, who may intervene in land development procedures, subject to subsequent recognition of their rights.
“II. – At the end of the public inquiry and after having obtained the opinion of the municipal or inter-municipal land development commission, then that of the municipality (s) concerned, the general council decides to order the development operation land plan or to renounce it.
“III. – If the General Council has decided to order the operation, or if the commission set up in application of Article L. 123-24 has decided in favor of agricultural and forestry land development, the Prefect fixes the list the requirements that the commissions will have to comply with when organizing the plan for the new plot and drawing up the work program, with a view to meeting the principles laid down in particular by Article L. 211-1 of the Environment Code, and notify the president of the general council. When the planned operation concerns a linear structure, the Prefect ensures consistency between the environmental measures appearing in the major structure impact study and the requirements thus notified.
“IV. – In the case provided for in Article L. 123-24, if the commission decides in favor of agricultural and forestry land development, the president of the general council orders the development operation proposed by the commission, sets the or the corresponding land development perimeters and leads the operation to completion. When the committee has decided in favor of including the right-of-way of a linear structure in the development perimeter, the chairman of the general council is required to order this operation within a period of one year from the request made to it by the client; failing this, the contracting authority may initiate the procedure for the expropriation of the right-of-way necessary for the realization of the work or some of its parts and propose the expropriation of the land concerned. In this case, the expropriated land is excluded from the development perimeter.
“V. – Except in the case mentioned in IV, the operation is ordered by deliberation of the General Council.
“The deliberation of the General Council or the order of its Chairman ordering the operation sets the corresponding perimeter (s), includes the list of the aforementioned requirements and mentions the decision of the Chairman of the General Council provided for in Article L. 121-19.
“VI. – The land development perimeters can be modified until the closure of operations, in accordance with the procedure provided for their delimitation. However, if the modification represents less than 5% of the perimeter fixed in the decision ordering the operation, it is decided by the general council after consulting the municipal or inter-municipal land development commission. When a decision of the departmental commission has been annulled by the administrative judge, the perimeter (s) may be modified to ensure the execution of res judicata. “
Article 85
A. – The rural code is thus modified:
I. – Article L. 121-15 is thus modified:
1 ° In the first sentence of the third paragraph, the words: “of one of the modes of rural land development mentioned in 1 °, 2 °, 5 ° and 6 ° of Article L. 121-1 “are replaced by the words:” one of the land development methods provided for in 1 ° of Article L. 121-1 or in 1 °, 2 °, 5 ° and 6 ° of article L. 121-1 in their wording resulting from law n ° 92-1283 of December 11, 1992 relating to the Legislative part of Book I ( new) of the rural code ”;
2 ° The third and fourth sentences of the third paragraph are replaced by three sentences worded as follows:
“It is recovered by the department after the transfer of ownership, within the time limits and, possibly, according to the timetable fixed by deliberation of the general council and paid to the competition fund which will have made the advance. The terms of this participation are subject to a prior consultation of the interested owners organized by the General Council under conditions set by decree of the Council of State. The general council may entrust the land association for agricultural and forestry development, under its supervision, with the recovery of these participations, under the conditions provided for the recovery of the debts of the department. “;
3 ° It is supplemented by a paragraph worded as follows:
“In the municipalities mentioned in the previous paragraph, prior consultation is not required when the general council decides not to request financial participation from the owners. “
II. – Article L. 121-16 is worded as follows:
“Art. L. 121-16. – The preparation and execution of agricultural and forestry land development operations, exchanges and disposals of rural buildings and exchanges and disposals of forest buildings are carried out by expert surveyors appointed by the president of the general council under the conditions provided for by the public procurement code, chosen from the list of approved surveyors drawn up by the minister responsible for agriculture. The land surveyor may be assisted, if necessary, by a forestry expert registered on the list mentioned in article L. 171-1 of this code or by a person skilled in the art of an organization mentioned in the article L. 248-1 of the forest code. However, the transactions of amicable exchanges and disposals of rural buildings, in the
“The studies necessary for the preparation and execution of operations and the development study provided for in Article L. 121-1 of this code, as long as they do not fall within the scope of the article 1 of law n ° 46-942 of May 7, 1946 instituting the order of surveyors, may be carried out by technicians not appearing on the list of surveyors and whose qualifications are fixed by decree. “
III. – 1. After the first sentence of the sixth paragraph of Article L. 121-17, a sentence worded as follows is inserted:
“The right-of-way necessary for the creation or modification of the route or right-of-way of municipal roads or rural roads can be allocated to the municipality, at its request, in return for its contributions in the land development perimeter, to the condition that these cover all the contributions necessary for this creation or modification and that the surface of the necessary rights-of-way does not exceed 5% of the surface of the perimeter. “
2. The last sentence of the last paragraph of Article L. 121-18 reads:
“The right-of-way necessary for modifying the layout or right-of-way of departmental roads can be allocated to the general council, at its request, in return for its contributions in the land development perimeter, on condition that these cover the ” all the contributions necessary for this modification and that the surface of the necessary rights-of-way does not exceed 5% of the surface of the perimeter. “
IV. – The first three paragraphs of Article L. 121-19 are replaced by two paragraphs thus worded:
“The chairman of the general council fixes the list of works the preparation and execution of which are prohibited until the close of operations. It may prohibit the destruction of all wooded areas mentioned in Article L. 3l1-2 of the Forest Code, as well as all linear afforestation, hedges and alignment plantations and isolated trees.
“Forestry work, including logging work and plantations, may be submitted by the president of the general council for his authorization, after consulting the municipal or inter-municipal land development commission. The other works likely to modify the inventory of fixtures are submitted by the president of the general council for his authorization, after opinion of the municipal or inter-municipal land development commission. In the absence of a rejection decision issued by the President of the General Council within four months of receipt by the latter of the authorization request, it is considered granted. “
V. – In the first paragraph of article L. 121-20, the words: “prefectural decision” are replaced by the words: “deliberation of the general council or, in the event of application of article L. 123-24 , of the decision of its president ”.
VI. – Article L. 121-21 is worded as follows:
“Art. L. 121-21. – When the related works are subject to an authorization regime under another legislation, their approval, as well as that of the corresponding new plot, can only take place with the agreement of the competent authority and constitute authorization to the title of this legislation.
“When an agricultural and forestry land development or an operation of exchange and transfer of plots within the framework of a land development perimeter has been decided under the conditions provided for in Article L. 121-14, the chairman of the general council orders the deposit in town hall of the plan of the new plot, notes the closure of the operations on the date of this deposit and orders, if necessary, the execution of the related works.
“It ensures the publicity of the plan of the new plot under the conditions provided for by decree of the Council of State.
“The deposit in town hall of the plan of the new plot constitutes transfer of ownership. “
VII. – In article L. 121-22, after the words: “to the services of the State”, are inserted the words: “or to the services of the department”.
VIII. – Article L. 121-23 is worded as follows:
“Art. L. 121-23. – Carrying out work in breach of the provisions of article L. 121-19 is punishable by a fine of EUR 3,750.
“Carrying out a cut in disregard of the provisions of Article L. 121-19 is punishable by a fine of an amount equal to four and a half times the estimated amount of the value of the cut timber, within the limit of EUR 60,000 per hectare covered by the cut.
“Individuals incur the additional penalties mentioned in the third to sixth paragraphs of article L. 223-1 of the forest code.
“Legal persons may be declared liable, under the conditions provided for in article 121-2 of the penal code, for the offenses defined in this article. They incur the penalty of a fine in accordance with the terms provided for in article 131-8 of the same code. They also incur the additional penalties mentioned in the last two paragraphs of Article L. 223-1 of the Forest Code. “
IX. – In the first paragraph of Article L. 121-24, the words: “within the perimeter of a land development referred to in 1 °, 2 °, 5 ° or 6 ° of Article L. 121-1” are replaced by the words: “within a perimeter of agricultural and forestry land development or amicable exchanges and transfers of rural buildings” and, in the second paragraph, the words: “Within the perimeter of a development land referred to in 8 ° of Article L. 121-1 ”are replaced by the words:“ Within a perimeter of a land development for amicable exchanges and disposals of forest buildings ”.
B. – In the event that a land consolidation association has replaced its members to pay the general council the participation mentioned in article L. 121-15 of the rural code and where owners, members of the association, have been discharged from the corresponding union fees for a reason based on the incompetence of the association, the general council proceeds, within two years from the publication of this law, to the recovery of the contribution due by these owners and reimbursement up to the amount of the sums advanced to it by the association.
Subject to court decisions which have become res judicata, the bases for the distribution of fixed union fees and the recovery notices issued before the entry into force of I of this article are validated, insofar as they are contested for a reason based on the incompetence of the land consolidation association to recover instead of the general council the participations mentioned in article L. 121-15 of the rural code.
Article 86
I. – Chapter II of Title II of Book I of the Rural Code is repealed.
II. – In point 5 of II of article 150 U of the general tax code, the reference: “L. 122-1,” is deleted.
III. – The last paragraph of article L. 128-1 of the rural code is deleted.
Article 87
A. – Chapter III of Title II of Book I of the Rural Code is thus amended:
I. – Its title is worded as follows: “Agricultural and forestry land development”.
II. – Article L. 123-3 is thus amended:
1 ° In 3 °, the words: “of the prefectural decision fixing the perimeter, taken” are replaced by the words: “of the deliberation of the general council or of the decree of its president fixing the perimeter, taken ”;
2 ° In 4 °, the words: “of the decree” are replaced by the words: “of the deliberation of the general council or of the decree of its president”.
III. – In the last paragraph of Article L. 123-5, the words: “the decree” are replaced by the words: “the decision of the President of the General Council”.
IV. – In the last paragraph of Article L. 123-8, the words: “to be re-membered” are replaced by the words: “to be fitted out”.
V. – Article L. 123-9 is amended as follows:
1 ° In the first paragraph, the words: “to be reorganized” are replaced by the words: “to be fitted out”;
2 ° In the second paragraph, the reference: “L. 123-23” is deleted.
VI. – In article L. 123-10, the words: “of a prefectural decision” are replaced by the words: “of a decision of the general council”.
VII. – In the first paragraph of Article L. 123-13, the word: “regrouped” is replaced by the word: “fitted out”.
VIII. – In the third paragraph of Article L. 123-17, the words: “referred to in 1 °, 2 ° and 6 ° of Article L. 121-1 of the Rural Code” are replaced by the words: “mentioned in 1 ° of article L. 121-1 or 1 °, 2 ° and 6 ° of article L. 121-1 in the wording resulting from law n ° 92-1283 of 11 December 1992 relating to the part Legislative Book I (new) of the rural code ”.
IX. – The title of section 3 of chapter III of title II of book I reads as follows: “The effects of agricultural and forestry land development”.
X. – Subsection 1 of section 4 reads as follows:
“Subsection 1
“Agricultural
and forestry land development in forest areas
“Art. L. 123-18. – By way of derogation from the provisions of the third paragraph of Article L. 123-1, the average distance between the lots allocated to an owner and their service roads cannot be longer than the average distance between the lots brought by this owner and their initial service routes, except with the consent of the interested party. However, this distance may be increased by a maximum of 10% to the extent necessary for the regrouping of plots.
“In the case of compensation between forest plots and agricultural plots, the allocated forest plots may be further away from the exploitation centers or existing service roads than the agricultural plots provided.
“Art. L. 123-19. – The municipal or inter-municipal commission determines the different types of forest stands included in the forest zone of the perimeter of the development.
“For each of these types of settlement, each owner must receive in the new distribution, on the one hand, land whose surface area is equivalent, in terms of productivity, to that of the land contributed, taking into account the surface required for the works. collective provisions provided for in Article L. 123-8, as well as the easements maintained or created, the provisions of the third paragraph of Article L. 123-4 being also applicable, and, on the other hand, stands whose future value is equivalent to that of the added stands.
“It may however be waived from the obligation to ensure one or the other of the equivalences provided for above either by virtue of an express agreement of the interested parties, or within the limits fixed, for each forest region of the department, by the departmental commission. This determines for this purpose, after consulting the regional center of forest property:
“1 ° The percentage differences which, for each type of stand, can be tolerated between contributions and attributions of each owner with regard to the value of real land productivity and future value of stands; this tolerance cannot exceed 20% of the real productivity value of the land and 5% of the future value of the stands;
“2 ° The area below which the contributions of an owner in a certain type of stand can be compensated by allocations in a different type. This surface cannot exceed 4 hectares.
“The forest stands located on the plots contributed or allocated are subject to an assessment which gives rise, where applicable, to the payment of a cash adjustment under the conditions provided for in Article L. 123-4. A payment in kind may also be provided with the agreement of the owners concerned.
“Art. L. 123-20. – By way of derogation from Articles L. 123-4 and L. 123-19, contributions of forest land may be offset by allocations of agricultural land and vice versa, subject, where applicable, to the payment of a balance under the conditions provided for in the last paragraph of Article L. 123-19. This compensation is possible, without limitation, with the agreement of the interested parties. In the absence of this agreement and provided that this measure is necessary for land development, compensation between forest plots and agricultural plots is possible within the limit of a maximum area per owner set, for each development sector, by the departmental commission, after consulting the chamber of agriculture and the regional forest property center. It cannot exceed,
“Art. L. 123-21. – At the end of rural land development operations in forest areas, the municipal or inter-municipal commission can propose to the general council the delimitation, on the one hand, of agricultural land, and on the other hand, of forest land. In the agricultural land thus delimited, the commission may propose measures to prohibit or regulate afforestation provided for in article L. 126-1 which it deems necessary.
“Art. L. 123-22. – In the event of capital loss resulting from the execution of work in violation of Article L. 121-19 or the non-execution of work corresponding to good forest management, a compensatory allowance is set by the municipal or inter-municipal commission. , recovery by the land association or, in the absence of the latter, by the municipality from the offender as in terms of direct contributions and paid to the beneficiary of the plot.
“Art. L. 123-23. – In forest areas, the general council may order, on a proposal from the municipal land development commission in its formation defined in article L. 121-5, an agricultural and forestry land development operation organized under the conditions provided for to Articles L. 123-1 to L. 123-17 and L. 123-24 to L. 123-35. “
XI. – Article L. 123-24 is amended as follows:
1 ° In the first paragraph, the words: “to the execution of land development operations referred to in 2 °, 5 ° or 6 ° of article L. 121-1 “are replaced by the words:” to the execution of land development operations mentioned in 1 ° of article L. 121-1 “;
2 ° It is supplemented by two paragraphs thus worded:
“When the needs for coherence of the rural development of a territory justify it and when the communal or inter-communal land development commission has made a proposal to it, the general council can decide, with the agreement of the contracting authority , extend the perimeter of land development beyond the perimeter disturbed by the structure. When the contracting authority is the State or one of its public establishments or concessionaires, the agreement is given by the prefect of the department.
“The president of the general council leads and implements the land development procedure mentioned in the first paragraph. “
XII. – In 5 ° of article L. 123-25, after the words: “related works”, are inserted the words: “of the perimeter disturbed by the work”.
XIII. – The title of sub-section 4 of section 4 reads as follows: “Agricultural and forestry land development in wine-growing areas”.
XIV. – Article L. 123-26 is amended as follows:
1 ° In the first paragraph, the reference: “L. 123-23” is replaced by the reference: “L. 123-34”;
2 ° In the second paragraph, after the word: “However,” are inserted the words: “when all or part of the contributions of an owner are located in the perimeter disturbed by the work,” and the words: ” to the provisions of Article L. 123-1 “are replaced by the words:” to Articles L. 123-1 and L. 123-18 “;
3 ° At the beginning of the last paragraph, the words are inserted: “As soon as all or part of the contributions of
XV. – At the end of 7 ° of article L. 143-2, the words: “in application of article L. 512-6 of the forest code” are deleted.
XVI. – The d of 6 ° of Article L. 143-4 reads as follows:
“d) If they are located within an agricultural and forestry land development perimeter in the forest zone provided for in Articles L. 123-18 to L. 123-22; “.
B. – Articles L. 512-1 to L. 512-7 of the forest code are replaced by an article L. 512-1 as follows:
“Art. L. 512-1. – Land development in forest areas is governed by the provisions of Titles II and III of Book I of the Rural Code, in particular by the provisions of subsection 1 of section 4 of Chapter III of Title II of Book I of the same code . “
Article 88
The rural code is thus amended:
1 ° In article L. 123-27, the words: “municipal facilities” are replaced by the words: “municipal or inter-municipal equipment, development, protection and management of the environment and landscapes or prevention of natural risks ”;
2 ° In Article L. 123-28, the word: “equipment” is replaced by the word: “projects”;
3 ° In the first paragraph and in the first sentence of the last paragraph of Article L. 123-29, the words: “facilities and equipment” are replaced by the words: “municipal and inter-municipal projects”.
Article 89
The rural code is amended as follows:
I. – The second and third paragraphs of article L. 123-4 are worded as follows:
“When land referred to in articles L. 123-2 and L. 123-3 or located in urbanized areas or areas of future urbanization identified by the town planning documents referred to in article L. 121-1 and not benefiting from the elements of viability referred to in a of 1 ° of II of article L. 13-15 of code of expropriation for public utility are attributed to the municipality for the realization of municipal or inter-municipal projects referred to in Article L. 123-27 of this code, the owner may be assigned a value of exchange taking into account the market value resulting from the characteristics of said land.
“The allocation of a cash balance, fixed if necessary as in the matter of expropriation, can be charged to the municipality. This balance is collected under the conditions defined in the last paragraph of article L. 121-24. “
II. – After article L. 123-4, an article L. 123-4-1 is inserted as follows:
“Art. L. 123-4-1. – When the municipal or inter-municipal land development commission proposes it, the general council may decide to order an agricultural and forestry land development operation by derogating from the provisions of article L. 123-4. Unless expressly agreed by the interested party, each owner must receive allocations of a market value equivalent to that of his contributions and of an area which must not be less than or greater by more than 10% than that of said contributions, after deduction of the surface necessary for the collective works mentioned in article L. 123-8 and taking into account the easements maintained or created.
“Any owner of plots located in an area of controlled designation of origin covering only part of the agricultural and forestry land development perimeter may request from the municipal or inter-municipal land development commission that an equivalent area be given to him / her. assigned in this area.
“When claims relating to the market value of land come from owners who have not given their express agreement provided for in the first paragraph and it is not possible to establish equality of value without upsetting the trade plan, the commission provides, if necessary by expertise, the payment of a balance to restore equality. The balances are borne by the owners benefiting from the exchanges and are collected under the conditions defined in the last paragraph of article L. 121-24.
“When land referred to in Articles L. 123-2 and L. 123-3 or located in urbanized areas or areas of future urbanization identified by the town planning documents referred to in Article L. 121-1 and not benefiting from the elements of viability referred to in a of 1 ° of II of article L. 13-15 of the code of expropriation for public utility reasons are allocated to the municipality with a view to carrying out the municipal or inter-municipal projects referred to in Article L. 123-27 of this code, the municipality pays the owner a cash adjustment, fixed if necessary as in the matter of expropriation, in order to compensate the loss of market capital gain resulting from the characteristics of the said land. This balance is collected under the conditions defined in the last paragraph of article L. 121-24.
“The provisions of this article are not applicable to land development operations carried out in application of the provisions of articles L. 123-24 to L. 123-26. “
III. – After article L. 123-29, an article L. 123-29-1 is inserted as follows:
“Art. L. 123-29-1. – In the event of application of article L. 123-4-1, the compensation due by the municipality in return for the withdrawal made in application of the second paragraph of article L. 123-29 is calculated according to the market value of land allocated to the municipality through this levy. “
IV. – After article L. 123-30, an article L. 123-30-1 is inserted as follows:
“Art. L. 123-30-1. – By way of derogation from the provisions of article L. 123-30, the amount of the price of land allocated to the municipality, through the levy carried out in application of the second paragraph of article L. 123-29, is divided between all the owners of the perimeter in proportion to the area of their contributions. “
V. – In article L. 123-31 of the rural code, the reference:” L. 123-30 “is replaced by the reference:” L. 123-30-1 “.
Article 90
I. – Articles L. 513-5 to L. 513-7 of the forestry code become articles L. 124-10 to L. 124-12 of the rural code.
II. – Chapter IV of Title II of Book I of the Rural Code is thus amended:
1 ° Its title is worded as follows: “Amicable exchanges and transfers of rural buildings”;
2 ° Articles L. 124-1 to L. 124-6 are replaced by articles L. 124-1 and L. 124-2 and sections 1 and 2 worded as follows:
“Art. L. 124-1. – The provisions of Articles L. 123-11 to L. 123-17 and the provisions of Chapter VII of this Title are applicable to the exchanges of rural buildings mentioned in this chapter, which are assimilated to exchanges carried out by land development. agricultural and forestry.
“In the event of opposition by the holder of rights of privileges, mortgages or leases, the deed of exchange is submitted, before its publication to the mortgage office, to the approval of the president of the tribunal de grande instance ruling by order on request.
“The provisions of article 708 of the general tax code are applicable to exchanges carried out in accordance with the provisions of articles L. 124-3 and L. 124-4 of this code.
“Art. L. 124-2. – When a transfer of property results from an exchange of rural buildings, a right to plant vines with an area at most equal to that of the transferred fund is also transferable, even if the transferred fund is not planted in vine on the day of the exchange.
“This provision removes, for the operations mentioned in the first paragraph, the non-transferability of planting rights.
“Section 1
“Amicable exchanges and transfers
in the absence of a land development perimeter
“Art. L. 124-3. – The amicable exchange projects of rural buildings meeting the conditions defined below can be addressed to the departmental land development commission which, if it recognizes their usefulness with regard to the objectives pursued by the land development, the transmits to the general council. If the latter approves the transaction, the Chairman of the General Council renders it enforceable under the conditions provided for in Article L. 121-21.
“The buildings exchanged must be located either in the same canton or in a canton and in a neighboring municipality. Outside these limits, one of the buildings exchanged must be contiguous with the properties of the one of the exchangers who will receive it.
“Exchanges may include balances, determined by amicable agreement between the interested parties, in order to compensate for a difference in market value between the buildings exchanged.
“The exchange projects mentioned in the first paragraph may include transfers of small plots carried out under the conditions provided for in article L. 121-24 as well as usucapions recorded in accordance with the procedure provided for in article L. 121-25.
“Art. L. 124-4. – When the exchanges are established by notarial deed, the department can cover the costs incurred if the departmental land development commission recognizes their usefulness for land development. These exchanges may include transfers of plots with an area and a value below the thresholds defined in the first and second paragraphs of article L. 121-24, and usucapions mentioned in article L. 121-25.
“For the application of the provisions of article L. 124-1 to the exchanges mentioned in the preceding paragraph, the transfer of property results from the intervention of the notarial deed.
“Section 2
“Amicable exchanges and transfers
within a land development perimeter
“Art. L. 124-5. – When the General Council has ordered an exchange and sale of rural buildings and has set the corresponding perimeter, the municipal or inter-municipal land development commission prescribes a public inquiry intended to collect the observations of the owners and holders of real rights and personal on the extent of their rights on the plots included in the perimeter and to identify vacant and ownerless or presumed assets such as the eventualities of disposals of small plots. The terms of this inquiry are set by decree of the Council of State.
“Art. L. 124-6. – At the request of the president of the general council, the competent judge of the judicial order can designate a person responsible for representing, in the procedure of exchanges and transfers of rural buildings, the owners whose identity or address n could be determined. In the event of joint ownership, he may designate one of the joint owners for this representation. He can replace the designated person at any time or terminate his assignment. The owners not represented in the procedure do not take part in the exchanges and transfers.
“Art. L. 124-7. – With the assistance of the surveyor-expert appointed by the president of the general council in application of article L. 121-16, the owners prepare their plans for exchanges and disposals of rural buildings and send them to the secretariat of the departmental commission land development within the time limit it sets.
“Regardless of the balances due in application of article L. 121-24, exchange projects may provide for balances determined by amicable agreement between the interested parties, in order to compensate for a difference in market value between the buildings exchanged. These balances may not exceed the value provided for in article L. 121-24 and are recovered according to the same terms.
“Art. L. 124-8. – The departmental land development commission ensures the regularity of projects with regard to the provisions of this code and justifies the exchanges or transfers relating to property belonging to the owners or co-owners represented in accordance with the terms provided for in Article L. 124 -5. It decides to make them applicable by approving the plan for exchanges and disposals of rural buildings.
“The closing of operations and the transfer of ownership are carried out under the conditions provided for in article L. 121-21. “;
3 ° It is supplemented by a section 3 entitled “Exchanges and amicable transfers of forest buildings within a land development perimeter”, comprising Articles L. 124-9 to L. 124-12;
4 ° Article L.
“Art. L. 124-9. – The purpose of exchanges and disposals of forest buildings is to improve the structure of forest funds by means of exchanges and transfers of plots and by means of a regrouping of blocks of property in order to promote better silvicultural management. They are governed by the provisions applicable to amicable exchanges and transfers of rural buildings within a land development perimeter, subject to the provisions of this section and of article L. 121-5-1. “;
5 ° Article L. 124-10 is amended as follows:
– the word: “technician” is replaced by the word: “surveyor-expert”;
– the words: “or a person skilled in the art of a joint management organization registered on the list mentioned in Article L. 171-1 of the said code” are replaced by the words: “registered on the mentioned list in article L. 171-1 or a skilled person approved by a body mentioned in article L. 248-1 of the forest code ”;
– the words: “of the rural code” and “of the said code” are deleted;
– the last sentence is completed by the words: “and are recovered in the same way”;
6 ° At the end of the last paragraph of Article L. 124-11, the words: “of the rural code” are deleted;
7 ° In article L. 124-12, the references: “article L. 513-4” and “article L. 513-6” are replaced respectively by the references: “article L. 124-6” and “article L. 124-11 ”and, at the end of the last paragraph, the words:“ of the rural code ”are deleted;
8 ° It is completed by a section 4 worded as follows:
“Section 4
” Miscellaneous
“Art. L. 124-13. – The conditions of application of this chapter are fixed by decree of the Council of State. “
III. – In the first paragraph of article 708 of the general tax code, the words: “in article L. 124-1” are replaced by the words: “in articles L. 124-3 and L. 124-4” .
IV. – In the first paragraph of article 1023 of the same code, the words: “relating to the application of the provisions of Chapters I, II, III, VII and VIII of Title II and Chapters II, III and IV of Title III of Book I of the Rural Code, the object of which is to facilitate the consolidation of rural property, “are replaced by the words:” relating to the application of Chapters I, III, IV, VII and VIII of Title II and Chapters III and IV of Title III of Book I of the Rural Code, the object of which is to facilitate the land development of rural property ”.
V. – Chapter III of Title I of Book V of the Forest Code is amended as follows:
1 ° Article L. 513-1 is worded as follows:
“Art. L. 513-1. – The purpose of amicable exchanges and transfers of forest buildings is to improve the structure of forest funds by means of exchanges and transfers of plots and by means of a regrouping of blocks of property, with a view to promoting better management silvicultural. They are governed, subject to the provisions of this chapter, by the provisions of Articles L. 124-1 to L. 124-12 of the Rural Code. “;
2 ° Articles L. 513-2 to L. 513-4, L. 513-8 and L. 513-9 are repealed.
Article 91
Chapter V of Title II of Book I of the Rural Code is amended as follows:
I. – In the first sentence of the first paragraph of Article L. 125-4, the words: “departmental commission for agricultural structures” are replaced by the words: “departmental agricultural orientation commission”.
II. – In the second paragraph of article L. 125-6 and in article L. 125-7, the words: “departmental committee for structures” are replaced by the words: “departmental commission for agricultural guidance “.
III. – In the second paragraph of article L. 125-1, the words: “The prefect seizes” are replaced by the words: “At the request of the prefect, the president of the general council seizes”.
IV. – The fifth paragraph of article L.
“During the aforementioned periods, any afforestation is subject to the authorization of the president of the general council provided for in article L. 121-19 except in the forest zones defined in application of article L. 126-1. “
V. – In the first paragraph of article L. 125-4, the words:” and the departmental land development commission “are deleted.
VI. – Article L. 125-5 is thus amended:
1 ° In the first paragraph, in the first sentence, the words: “The Prefect, at the request of the General Council or on his own initiative” are replaced by the words: ” The general council, on its own initiative or at the request of the prefect ”and the last sentence reads as follows:
“The president of the general council presents, for opinion, to the prefect and to the chamber of agriculture, the report of the departmental land development commission and the general council decides on the perimeter (s) in which the implementation procedure will be implemented. value of uncultivated or clearly under-exploited land. “;
2 ° In the second and fourth paragraphs, the word: “prefect” is replaced by the words: “general council”;
3 ° In the sixth paragraph, after the words: “The notification”, are inserted the words: “by the prefect”.
VII. – In article L. 125-9, the word: “prefect” is replaced by the words: “general council”.
Article 92
A. – Chapter VI of Title II of Book I of the Rural Code is thus amended:
I. – Its title is worded as follows: “The regulation and protection of afforestation”.
II. – A section 1 entitled “Regulation of afforestation and forestry actions” is created, which includes articles L. 126-1 and L. 126-2, and a section 2 entitled “The protection of linear wooded formations”, which includes Articles L. 126-3 to L. 126-5.
III. – Article L. 126-1 is thus amended:
1 ° In the first paragraph, the word: “prefects” is replaced by the words: “general councils” and the words: “, regional centers of forest property and general councils ”are replaced by the words:“ and regional forest property centers ”;
2 ° The beginning of the second paragraph reads as follows: “The areas in which … (the rest without change). “;
3 ° In the first sentence of the second paragraph, the words: “of area defined by the prefect” are replaced by the words: “of area by large homogeneous forest area defined by the general council after consultation of the regional center of forest property and of the chamber of agriculture ”;
4 ° In the third paragraph, the words: “ministry in charge of agriculture” are replaced by the words: “general council”;
5 ° The last paragraph is worded as follows:
“When, after deforestation, the land subject to a ban on reconstituting afforestation cannot be developed, in particular for agricultural purposes, under normal economic conditions, the owner may give formal notice to the public authority which has issued the regulations or who opposed afforestation to proceed with its acquisition under the conditions and deadlines provided for in Article L. 123-17 of the Town Planning Code. In the absence of an amicable agreement on the price or the lifting of the ban on reconstituting the afforestation within three months, the expropriation judge seized by the owners or the public authority concerned pronounces the transfer of property and fixes the price of the good. “
IV. – Articles L. 126-2 to L. 126-5 are repealed.
V. – Article L. 126-7 becomes article L. 126-2; in this article, the word: “prefect” is replaced by the words: “general council”.
VI. – Article L. 126-6 becomes article L. 126-3.
VII. – Article L. 126-8 becomes article L. 126-5; in this article, the reference: “L. 126-7” is replaced by the reference: “L. 126-4”.
VIII. – Article L. 126-9 becomes article L. 126-4; in this article, the reference: “L. 126-6,” is replaced by the reference: “L. 126-3”.
IX. – In 2 ° of article L. 127-3, the word: “remembrés” is replaced by the word: “fitted out”.
B. – In point 2 of article L. 151-36 of the same code, the reference: “L. 126-7” is replaced by the reference: “L. 126-2”.
C. – The VI of article 30 of the law n ° 2001-602 of July 9, 2001 of orientation on the forest is repealed.
Article 93
The forest code is thus amended:
1 ° The penultimate paragraph of article L. 363-2 reads as follows:
“- to the development of the perimeters retained for agricultural and forestry land development operations in forest areas mentioned in Articles L. 123-18 to L. 123-23 of the Rural Code. “;
2 ° In point 4 of article L. 315-1, the reference: “L. 126-5” is replaced by the reference: “L. 123-21”.
Article 94
I. – Chapter II of Title III of Book I of the Rural Code is repealed.
II. – Chapter III of Title III of Book I of the same code is thus amended:
1 ° Its title is worded as follows: “Land associations for agricultural and forestry land development”;
2 ° The first paragraph of Article L. 133-1 reads as follows:
“Between the owners of the plots included in an agricultural and forestry land development perimeter, a land association responsible for the implementation, the maintenance and management of the works or structures mentioned in Articles L. 123-8 and L. 133-3 to L. 133-5 and, where applicable, the recovery of the participation of the interested parties under the conditions provided for in the third paragraph of Article L. 121-15. “
III. – Article L. 133-4 of the same code is worded as follows:
“Art. L. 133-4. – The works carried out by the land association are the subject of separate statements, depending on whether they relate to forest areas, wine-growing areas or other agricultural areas. The expenses relating to the works common to these zones are distributed between these states according to the respective interest of the properties in the works. “
IV. – Chapter IV of Title III of Book I of the same code is repealed.
Article 95
I. – The provisions of this chapter come into force on January 1, 2006 subject to the entry into force of the provisions, falling under the finance law, providing for the compensation of the charges assumed by the department as a result of the transfer of powers provided for by this chapter, as well as the following provisions:
1 ° Article 78 and the X of article 83 come into force on the date of publication of this law.
The National Land Development Commission remains competent to settle matters registered with its secretariat prior to the date of publication of this law, under the conditions provided for by the first eleven paragraphs of article L. 121-11 of the rural code in its drafting prior to that date. It may set compensation under the conditions provided for by this same article in the wording resulting from X of article 83 of this law. The judicial judge remains competent to judge disputes relating to these indemnities. In the event of cancellation by the Council of State of the decision of the National Land Development Commission, the Minister in charge of agriculture has the capacity to take a new decision of which the Council of State alone remains competent to hear;
2 ° The land development procedures for which the prefectural decree ordering the operations and fixing the corresponding perimeter will be made on the date of entry into force of this chapter remain governed by the provisions in force on the date of adoption of the said chapter. decree, including the procedures resulting from the decrees amending this decree;
3 ° Rural property exchange projects carried out outside the land development perimeter are governed by the provisions in force on the date of the decision of the departmental land development commission which recognizes the usefulness of the exchange project;
4 ° Authorization requests for the development of uncultivated or clearly under-exploited land carried out outside the perimeter for which the decision of the departmental land development commission mentioned in the second paragraph of article L. 125-1 of the rural code will have occurred on the date of entry into force of this chapter remain governed by the provisions in force on the date of this decision;
5 ° The zonings defined in 1 ° of article L. 126-1 of the rural code remain in force until their expiration or their modification according to the provisions of this chapter.
The procedures for the development of perimeters prohibiting and regulating the sowing, planting and replanting of forest species for which the notice prior to the public inquiry was published on the date of entry into force of this chapter are carried out. at their end according to the provisions in force on the date of publication of the said notice.
For the implementation of the prohibitions and regulations on sowing, planting and replanting of forest species decreed by the prefect, the provisions of this chapter come into force on the date provided for in the first paragraph of this I.
II. – The services and parts of decentralized services which participate in the exercise of the powers of the State transferred to the department by this chapter are transferred according to the modalities provided for in Articles L. 1321-1 to L. 1321-8 of the General Code of local authorities and under Title V of Law No. 2004-809 of August 13, 2004 relating to local freedoms and responsibilities, subject to those defined below.
Pending the signature of the agreement (s) provided for in III of article 104 of the aforementioned law n ° 2004-809 of 13 August 2004 or, failing that, of the decrees referred to in IV of this same article, and to From the date of transfer of powers, the president of the general council gives his instructions to the head of the State service in charge of rural land development procedures initiated after the transfer of powers.
The agreement (s) provided for in III of article 104 of the aforementioned law n ° 2004-809 of 13 August 2004 may in particular provide, for a limited period fixed by mutual agreement, a sharing of authority over the services or parts of services made available to enable them to complete the rural land development procedures under the responsibility of the State in application of I after the transfer of powers.
In the absence of an agreement concluded within the three-month period provided for in III of article 104 of the aforementioned law n ° 2004-809 of August 13, 2004, the list of services or parts of services made available is established by joint order of the minister in charge of local authorities and the minister in charge of agriculture.
Article 96
I. – Article L. 171-1 of the Rural Code is amended as follows:
1 ° The third paragraph is replaced by two paragraphs worded as follows:
“A National Council for Agricultural and Forestry Land Expertise is created, endowed with the legal personality, which must be adhered to by people claiming in France the title of land and agricultural expert or forestry expert.
“The general assembly of the members of the national council votes annually on the budget, approves the accounts and fixes the amount of the contributions due by its members. The council is administered by a committee made up of representatives of experts appointed by the members of the council on the proposal of the most representative organizations at the national level of the land, agricultural and forestry expert professions. This committee, which elects its chairman, prepares the deliberations of the general assembly. “;
2 ° At the beginning of the fourth paragraph, the words: “This council” are replaced by the words: “This committee”;
3 ° In the sixth paragraph, the words: “The National Council for Land, Agricultural and Forestry Expertise” and: “this council” are respectively replaced by the words: “The committee” and: “this committee”;
4 ° The last paragraph reads as follows:
“A decree in the Council of State specifies the methods of application of this article, in particular the conditions of registration on the national list, the conditions of eligibility and the methods of designation of the members. committee, as well as the disciplinary procedure followed before it. “
II. – The provisions of I come into force on the first day of the sixth month following the publication of the decree in the Council of State mentioned in the last paragraph of article L. 171-1 of the rural code.
Chapter III
Renovation of the built rural heritage
Article 97
Article L. 411-57 of the Rural Code is amended as follows:
1 ° The first paragraph is supplemented by a sentence worded as follows:
“The lessor may also take back, under the same conditions, a building located on a plot of in accordance with that fixed by the aforementioned prefectural decree, the change of destination of which is authorized pursuant to Article L. 123-3-1 of the Town Planning Code, provided that this takeover does not compromise the lessee’s operations . “;
2 ° The second paragraph is supplemented by the words: “or the declaration in lieu thereof, when these formalities are required in application of the town planning code”;
3 ° The last paragraph is completed by a sentence worded as follows:
“The same applies if the building mentioned in the last sentence of the first paragraph has not been the subject of the use for which it was taken back within two years from the effective date of recovery. “
Article 98
I. – An article 39 quinquies FD is inserted in the general tax code as follows:
“Art. 39 quinquies FD. – Improvement expenses incurred in buildings completed for more than two years on the date of the start of execution of the works by the employers mentioned in Article L. 713-1 of the Rural Code for the accommodation of their employees, excluding the owner of the home, his spouse, members of his tax household or his ascendants and descendants, who meet the conditions of hygiene and comfort provided for in Article L. 716-1 of the aforementioned code, may be subject to exceptional amortization over twelve months.
“This depreciation may also apply to improvement expenses incurred in buildings completed for more than two years on the date of the start of execution of the work by the employers referred to in Article L. 111-1 of the Labor Code. for the accommodation of their apprentices to the exclusion of the owner of the accommodation, his spouse, members of his tax household or his ascendants and descendants, who meet the conditions of decency provided for in article 6 of law no. 89-462 of July 6, 1989 tending to improve rental relationships and amending Law No. 86-1290 of December 23, 1986.
“The provisions of this article apply to investments made before January 1, 2007.”
II. – After article 1388 ter of the same code, an article 1388 quater is inserted as follows:
“Art. 1388c. – The tax base for the property tax on built properties of residential premises allocated exclusively to the accommodation of seasonal agricultural employees under the conditions provided for by Article L. 716-1 of the Rural Code, as well as to the accommodation of apprentices defined in article L. 117 bis-1 of the labor code under the conditions provided for in article 6 of law n ° 89-462 of 6 July 1989 tending to improve rental relations and amending of the law n ° 86-1290 of December 23, 1986, is calculated in proportion to the duration of use of these premises for the accommodation of employees and apprentices the year preceding that under which the tax is established ; employees mean people other than the owner of the home,
“To benefit from the provisions of the first paragraph, the owner must send to the tax services of the location of the goods, before January 1 of each year, a declaration in accordance with the model established by the administration, including all the identification elements goods. This declaration must be accompanied by all the elements justifying the allocation of the premises to the accommodation of seasonal workers and apprentices and the duration of their use as such. When the premises are leased by the farmer, this declaration must be co-signed by the lessee. “
III. – After article 1411 of the same code, an article 1411 bis is inserted as follows:
“Art. 1411 bis. – The rental value of premises allocated exclusively to the accommodation of seasonal agricultural employees under the conditions provided for by Article L. 716-1 of the Rural Code, as well as to the accommodation of apprentices defined in Article L. 117 bis-1 of the labor code under the conditions provided for in article 6 of law n ° 89-462 of July 6, 1989 tending to improve rental relations and amending law n ° 86-1290 of December 23, 1986, is calculated in proportion to the duration of use of these premises for the accommodation of employees and apprentices the year preceding that for which the tax is established; employees mean people other than the owner of the home, his or her spouse, members of the tax household,
“The benefit of the provisions of the first paragraph is subject to compliance with the reporting obligations provided for in article 1388 quater. “
IV. – Article 1585 A of the same code is supplemented by a paragraph worded as follows:
“However, the municipal council may provide for a total or partial relief from the tax for the reconstruction of buildings of heritage interest for the community and subject to a specific authorization procedure such as old alpine chalets or summer pasture buildings within the meaning of Article L. 145-3 of the Town Planning Code. “
Article 99
The second paragraph of article 6 of law n ° 89-462 of July 6, 1989 tending to improve rental relations and amending law n ° 86-1290 of December 23, 1986 is worded as follows:
“The corresponding characteristics are defined by decree of the Council of State for the premises for main residential use or for mixed use mentioned in the first paragraph of article 2 and the premises referred to in the second paragraph of the same article, with the exception of residential homes and housing for agricultural workers which are subject to specific regulations. “
Article 100
I. – A sentence worded as follows is inserted before the last sentence of the first paragraph of e of 1 ° of I of article 31 of the general tax code:
“It is set at 40% for the rents of housing located in rural revitalization zone, when the option provided for in h is exercised. “
II. – The provisions of I apply to housing acquired new or in a future state of completion as from January 1, 2004 and to housing that the taxpayer has had built and which have been the subject, as of that date, of a declaration of opening of the site. They are also applicable to premises assigned to a use other than housing acquired on or after January 1, 2004 and that the taxpayer transforms into housing as well as to housing acquired from that date that the taxpayer rehabilitates with a view to granting them technical characteristics similar to those of new housing.
Article 101
The general tax code is thus modified:
1 ° Article 199 undecies A is thus modified:
a) In the first sentence of the e of the 2, after the words:
“carried out by a company”, are inserted the words: “, to the exclusion of those which constitute charges deductible from property income in application of article 31, ”;
b) The first paragraph of 6 is amended as follows:
– in the second sentence, the reference: “e,” is deleted;
– a sentence worded as follows is inserted after the second sentence:
“For the investments referred to in e, it is carried out for the calculation due for the year of completion of the rehabilitation works and the four following years. “;
2 ° In the last paragraph of I of article 1388 ter, the words: “is fixed” are replaced by the words: “as well as their compliance with the provisions of the first paragraph are fixed”.
Article 102
In article L. 111-6 of the town planning code, after the reference: “L. 421-1”, the reference is inserted: “, L. 443-1”.
TITLE III
PROVISIONS RELATING
TO ACCESS TO SERVICES
Chapter I
Provisions relating to services to the public
Article 103
Article L. 421-2-6 of the Town Planning Code reads as follows:
“Art. L. 421-2-6. – The mayor of a municipality of less than 10,000 inhabitants or the president of a competent public inter-municipal cooperation establishment of less than 20,000 inhabitants may have free access, and as necessary, from the decentralized services of the State to carry out the technical study of those applications for building permits over which it has jurisdiction for the examination and decision and which it deems to justify the technical assistance of these services. During the period of this provision, the departments and staff act in permanent consultation with the mayor or the president of the public establishment, who sends them all the instructions necessary for the performance of the tasks entrusted to them. When building permit applications are processed by a municipality or by a public establishment, the decentralized State services can provide them with ad hoc legal and technical assistance free of charge. “
Article 104
Article L. 1 of the Postal and Electronic Communications Code is supplemented by a paragraph worded as follows:
“Apart from bulk items of correspondence, the postal services constituting the reserved sector are offered at the same basic rate throughout the National territory. “
Article 105
After article 30 of law n ° 2000-321 of April 12, 2000 relating to the rights of citizens in their relations with the administrations, an article 30-1 is inserted as follows:
“Art. 30-1. – The agreement referred to in article 30 specifies the reciprocal obligations of the contracting parties in the organization and implementation of the service, its duration, which may not be less than three years, the human, material and financial resources made available by the various parties as well as, in rural revitalization zones and urban revitalization zones, the amount of State reimbursements provided for by IV of article 30 of law n ° 99-533 of June 25, 1999 of orientation for the planning and sustainable development of the territory and modifying the law n ° 95-115 of February 4, 1995 of orientation for the planning and the development of the territory. Any other public authority or any other person governed by private law may, at its request,
“No contribution other than those appearing in the agreement may be imposed on local authorities and their groups. “
Article 106
Article 29 of Law n ° 95-115 of February 4, 1995 of orientation for the planning and development of the territory reads as follows:
“Art. 29. – I. – The State establishes, to ensure equal access for all to public services, the objectives of land use planning and services provided to users that must be taken into account by any establishment, organization or company responsible for a public service when they are not already taken into account under its universal service obligations. In all cases where these objectives were not specified on the date of promulgation of Law No. 2005-157 of 23 February 2005 relating to the development of rural territories, they are set by the Government no later than December 30, 2005. by contractual or regulatory means or by the act authorizing the exercise of public service missions or services, after consultation with the associations representing the different categories of local authorities by the minister responsible for regional planning, in conjunction with the responsible minister (s). The State specifies the conditions under which it compensates organizations for the charges resulting from this I.
“II. – Without prejudice to the management autonomy specific to each establishment, organization or company responsible for a public service, the State representative in the department, in consultation with all the actors concerned, proposes and, subject to their agreement initiates any action aimed at guaranteeing that the offer of access to public services is adapted to the characteristics of the territories, contributes to their attractiveness and to the maintenance of their balances.
“As such, the representative of the State in the department is informed of the prospects for changes in the organization of public services and of any reorganization project likely to significantly affect the conditions of access to these services. This information is transmitted by the representative of the State in the department to the president of the general council, to the president of the regional council and to the president of the association of mayors of the department. At his initiative, or at the request of the president of the general council, the representative of the State in the department can lead a local consultation on any project of reorganization. This consultation, the duration of which may not exceed three months, takes place either under the conditions provided for in the article 14 of law n ° 2005-157 of 23 February 2005 relating to the development of rural territories for any revision of the secondary education map, either in conjunction with the departmental commission of territorial postal presence for projects concerning services postal services, or within the departmental commission for the organization and modernization of public services in other cases. This consultation also involves interested local elected representatives and representatives of the public service concerned. While the consultation is taking place, the implementation of the reorganization project is suspended. At the end of this consultation, the representative of
“If the reorganization project, with regard to the establishments, organizations or companies covered by I, proves to be incompatible with the quality of service and regional planning objectives set by the State at the national level, or in in the absence of objectives set by the State, the representative of the State in the department can refer the matter to the supervising minister of the establishment, organization or company concerned and the minister responsible for development of the territory. Within two months, the ministers ensure that the spatial planning objectives set by the State for the exercise of the public service mission have been satisfactorily integrated by the body in charge of this mission in the changes envisaged and in the consultation carried out. Otherwise, they ask the latter to implement the appropriate measures to meet these objectives prior to the execution of the reorganization project. The referral suspends the implementation of the project in question. “
Article 107
I. – Article 27 of law n ° 2000-321 of April 12, 2000 relating to the rights of citizens in their relations with the administrations is thus amended:
1 ° The first paragraph is completed by a sentence worded as follows:
“Persons whose activity does not come under a public service mission may also, in compliance with the applicable rules, in particular, in matters of competition, participate in a public service house. “;
2 ° The second paragraph reads as follows:
“Persons working in public service houses are governed by the provisions provided for by their statute or contract. “;
3 ° The third paragraph is worded as follows:
“The public services house is created by an agreement signed between those in charge of the public services and, where applicable, the private organizations which participate in it. When no State service or its public establishments participate, the draft convention is communicated to the State representative in the department for information; otherwise, it is submitted to it for approval. “
II. – In the same law, an article 27-1 is inserted as follows:
“Art. 27-1. – To maintain the presence in a municipality of a local public service, the public person in charge of it may, in compliance with the applicable rules, in particular, in matters of competition, ethics and confidentiality, entrust, by agreement , the performance of this service to a person whose usual activity does not come under a public service mission. In the event that this person is no longer able to provide this service, this agreement specifies the conditions for maintaining the public service.
“When the service in question is not the responsibility of the State or its public administrative establishments, the draft convention is communicated to the representative of the State for information; otherwise, it is submitted to it for approval. “
Chapter II
Provisions relating to the installation
of health professionals and to health and social action
Article 108
I. – After article L. 1511-7 of the general code of local authorities, an article L. 1511-8 is inserted as follows:
“Art. L. 1511-8. – I. – Local authorities and their groups may grant aid intended to promote the installation or maintenance of health professionals in the areas defined in Article L. 162-47 of the Social Security Code, in which is noted a deficit in the supply of care. To this end, agreements have been made between the communities and groups that allocate aid, health insurance organizations and interested health professionals. The health centers referred to in Article L. 6323-1 of the Public Health Code may also be granted this aid under the same conditions. These aids are not exclusive of the aids already allocated by the local authorities to the health centers located on the
“The nature and conditions for granting this aid, which may in particular be subject to group or multi-professional practice methods intended to improve the continuity and quality of care, are set by decree in the Council of State.
“Local authorities and their groups can also allocate aid aimed at financing structures participating in the permanence of care, in particular medical homes.
“Real estate investments made by municipalities and / or their groups, intended for the installation of health professionals and / or health and social action, are eligible for the Compensation Fund for the value added tax.
“Local authorities and their groups may also grant housing and travel allowances to postgraduate general medicine students when they carry out their internships in the areas defined by the aforementioned social security financing law for 1999, in which There is a deficit in the supply of care.
“A decree determines the maximum amount and the terms of allocation of these indemnities.
“II. – A study and professional project allowance may be awarded by the local authorities and their groups to any medical student, from the first year of the third cycle, if he undertakes to practice as a general practitioner at least five years in one of the deficit areas mentioned in the first paragraph of I. To benefit from this aid, the student signs a contract with the community which allocates the aid.
“The general conditions for awarding compensation, its maximum amount as well as, where applicable, the terms of its total or partial reimbursement and its reassessment are determined by decree. “
II. – The loss of revenue for the State resulting from the fourth paragraph of I of article L. 1511-8 of the general code of local authorities is compensated by an increase in the amount of the rights referred to in articles 575 and 575 A of the general code taxes.
Article 109
Remuneration received for the permanence of care exercised in application of article L. 6315-1 of the public health code by doctors or their replacements installed in an area defined in application of article L. 162-47 of the social security code is exempt from income tax up to sixty days of permanence per year.
Article 110
An article L. 177-2 is inserted in the social security code as follows:
“Art. L. 177-2. – The social security funds coordinate their health and social action policy in favor of people residing in rural areas.
“The department ensures the overall coordination of the devices and services which contribute to integration and medico-social action. To this end, it ensures the participation of all the players concerned. “
Article 111
In mountain areas, to ensure the maintenance of services, local authorities or their groups have the possibility of building or subsidizing the construction of sanitary facilities in accordance with the decisions of the executive board of the regional hospitalization agency. . These investments can benefit from the financial support of the State, in the same way as the investments of the municipalities.
Article 112
In article L. 2123-33 of the general code of local authorities, after the words: “committee meetings”, the words: “and of the boards of directors of communal social action centers” are inserted.
Article 113
In the fifth paragraph of Article L. 212-8 of the Education Code, after the words: “to the professional obligations of parents”, the words are inserted: “when they reside in a municipality which does not provide directly or indirectly catering and childcare or if the municipality has not organized a service of approved childminders ”.
Chapter III
Provisions relating to veterinary health
and plant protection
Article 114
I. – Article 1464 D of the general tax code reads as follows:
“Art. 1464 D. – By a deliberation of general scope taken under the conditions provided for in article 1639 A bis, local authorities or their public inter-municipal cooperation establishments with their own taxation may exempt from business tax, as of the year following that of their establishment, the doctors as well as the medical auxiliaries mentioned in Book I and Book III of Part Four of the Public Health Code and subject to income tax in the category of non-commercial profits who, exercising their activity on a liberal basis, settle or join together in a municipality of less than 2,000 inhabitants or located in one of the rural revitalization zones defined in article 1465 A. They may,
“The deliberation covers the entire share due to each local authority or public establishment of inter-municipal cooperation with its own tax system and sets the duration of the exemptions, which may not be less than two years, nor more than five years. The decisions taken by the municipal councils apply to the professional tax equalization contribution.
“The exemption does not apply to the creation of an establishment resulting from a transfer, when the taxpayer has, for one or more of the five years preceding that of the transfer, benefited from the exemption under the installation in a rural revitalization area.
“To benefit from the exemption, the doctors, medical auxiliaries and veterinarians referred to in the first paragraph must provide the necessary justifications to the competent tax service before January 1 of the year following that of their establishment. “
II. – A. – The provisions of I apply to installations and regroupings made from January 1, 2004.
B. – To benefit from 2005 from the exemption from professional tax provided for in article 1464 D of the general tax code, the doctors, medical auxiliaries and veterinarians concerned must provide the necessary justifications to the competent tax service no later than thirty days from the publication of this law, if it is after 1 December 2004.
C. – For the application of the provisions of I under 2005, the deliberations of the local authorities and the public establishments of inter-municipal cooperation with their own taxation must take place no later than thirty days from the publication of this law , if it is after September 1, 2004.
Article 115
I. – Articles L. 222-l, L. 224-2-1, L. 227-3, L. 231-4, III of article L. 251-19 and III of article L 253-15 of the rural code are repealed.
In II of article L. 272-2 of the same code, the reference: “L. 222-l,” is replaced by the references: “L. 201-1, L. 202-1, L. 202- 2, L. 202-3, L. 202-4, ”.
II. – The title of chapter VII of title II of book II of the same code is worded as follows: “Veterinary pharmacy”.
III. – Before Title I of Book II of the Rural Code, a preliminary title is inserted as follows:
“PRELIMINARY TITLE
“COMMON PROVISIONS
“Chapter I
” Epidemiology
“Art. L. 201-1. – I. – The Minister responsible for agriculture takes all measures intended to collect epidemiological data and information in the field of veterinary public health or plant protection and to ensure its processing and dissemination.
“The departments participate in this health watch through departmental analysis laboratories.
“Veterinarians and professional agricultural and veterinary organizations can be involved in the collection and use of this data and information.
“II. – For health monitoring purposes, the Minister responsible for agriculture sets up under his authority networks for the surveillance and prevention of health risks within which surveillance or prevention missions can be entrusted to health-oriented organizations or to technical veterinary organizations recognized by the administrative authority.
“Within these networks, missions may be entrusted to veterinarians with the health mandate provided for in article L. 221-11.
“The owners and keepers of animals, the owners and keepers in a professional capacity of food of animal origin or of animal feed, the owners or operators of funds, veterinarians, laboratories and any other holder within the framework of its professional information activities corresponding to the purpose of a network are required to join the network corresponding to their type of activity and to comply, without prejudice to the provisions of article 226-13 of the penal code, to measures prescribed by the minister responsible for agriculture.
“The network’s operating costs, and in particular the cost of missions entrusted by the State to health organizations, are the responsibility of the owners and holders of animals, food of animal origin or animal feed,” or owners or operators of funds. In the event of non-payment to a health organization for the cost of the missions mentioned in this paragraph, the documents and certificates provided for by the regulations made in application of article L. 221-1 or mentioned in article L. 236 -2 can be withdrawn by the administrative authority.
“The minister in charge of agriculture may grant subsidies for the collection, processing and dissemination of epidemiological data and information and for the operation of networks for the surveillance and prevention of health risks.
“III. – When health risks are detected, the administrative authority may, for preventive health purposes, impose on certain owners and holders of animals, food of animal origin or animal feed, as well as on owners or fund operators, special control measures adapted to these risks.
“Art. L. 201-2. – Any owner or holder of foodstuffs mentioned in Article L. 231-1 or of animal feed and any laboratory is required to communicate to the administrative authority any examination result indicating that a food or feed for animals that it has imported, produced, processed, manufactured, distributed or analyzed present or is likely to present a danger to human or animal health.
“Any laboratory is required to communicate to the administrative authority any analytical result leading to suspect or to note the infection of one or more animals by one of the contagious diseases within the meaning of articles L. 223-2 or L 223-3, or the presence of a harmful organism within the meaning of Article L. 251-3.
“Art. L. 201-3. – A decree in Council of State sets the conditions for the application of this chapter.
“Chapter II
“Laboratories
“Art. L. 202-1. – The control of compliance with the provisions of this book is ensured by the competent State services or their delegates, in particular by means of laboratory analyzes.
“The following are authorized to carry out these analyzes:
” – the laboratories of the services responsible for checks and the departmental analysis laboratories, approved for this purpose by the administrative authority;
“- the national reference laboratories defined in article L. 202-2;
“- any other laboratory approved for this purpose by the administrative authority, since the laboratories referred to in the previous paragraphs cannot carry out all or part of these analyzes, because of the particular technical skills or the rapid processing capacities they require .
“Art. L. 202-2. – The minister in charge of agriculture can designate national reference laboratories responsible in particular for the technical supervision of approved laboratories.
“Art. L. 202-3. – Laboratories carrying out self-checking analyzes may be subject to a qualification recognition procedure by the minister responsible for agriculture.
“Art. L. 202-4. – The approved or recognized laboratories are required to submit at their own expense and at any time to the control by the administration of compliance with the conditions of their approval or recognition.
“Art. L. 202-5. – A decree in Council of State fixes the modalities of application of this chapter.
“Chapter III
“Reagents
“Art. L. 203-1. – The reagents intended for analyzes carried out in the fields of veterinary public health and plant protection, the list of which is fixed by the Minister in charge of agriculture, are subject, before they are placed on the market free of charge. or onerous, a compliance check under the conditions defined by decree in the Council of State.
“Any person empowered to note the infringements by Article L. 215-l of the Consumer Code is qualified to carry out the investigation and the observation of infringements of the provisions of this article and of the texts adopted for its application.” “
IV. – In the last paragraph of Article L. 221-11 of the same code, the words: “These remunerations” are replaced by the words: “The remunerations received for acts performed within the framework of the health mandate”.
V. – Article L. 224-1 of the same code is worded as follows:
“Art. L. 224-1. – Notwithstanding any legislative provisions to the contrary, when, within an area extending over one or more municipalities, one or more departments or throughout the national territory, the number of animals of the same species which are already subject to collective prophylaxis measures against a disease deemed to be contagious or to measures for the assessment, prevention or control of health risks, reaches 60% of the workforce maintained in this area or that 60% of the farms that are are already subject to the said measures, this prophylaxis or this measure of assessment, prevention or control of health risks may be made compulsory by the administrative authority at the
“A Council of State decree determines the conditions for the application of this article. “
Article 116
The rural code is thus amended:
1 ° After article L. 223-3, an article L. 223-3-1 is inserted as follows:
“Art. L. 223-3-1. – Certain diseases known to be contagious give rise to the development of emergency plans prepared at the national level by the minister responsible for agriculture and in each department by the prefect.
“These plans provide for the measures to be taken in the event of suspicion or confirmation of an outbreak of one of these diseases in application of this article and of articles L. 223-6 and L. 223-8.
“The triggering of the plan allows the prefect:
” – to proceed with the requisition of the necessary means of intervention, under the conditions provided for in 4 ° of article L. 2215-1 of the general code of local authorities;
“- to restrict the movement of people and vehicles from or to an operation subject to a surveillance order pursuant to Article L. 223-6 of this code, or to a decree declaring an infection in application of Article L. 223-8, and imposing sanitary conditions on them to prevent contagion;
“- to determine, in the decree declaring infection taken in application of Article L. 223-8, a perimeter within which the movement of people and vehicles is subject to specific sanitary conditions to be avoided contagion. Any gathering of people who risk promoting the spread of the epizootic may also be prohibited within this perimeter.
“The measures taken in application of the two preceding paragraphs are lifted at the latest thirty days after the completion of the health operations suitable for avoiding contagion.
“The list of diseases deemed to be contagious for which emergency plans must be prepared, as well as the methods of implementing these plans, are specified by decree taken after consultation with the Advisory Committee for Animal Health and Protection. “;
2 ° Article L. 223-6 is amended as follows:
a) In the fourth paragraph, the references: “4 °, 5 °, 6 ° and 7 °” are replaced by the reference: “at 7 °”;
b) After the fourth paragraph, four paragraphs worded as follows are inserted:
“On the instruction of the Minister responsible for agriculture, the Prefect may issue an order declaring infection, which entails the application of all or part of the measures provided for in Article L. 223-8 when:
” – either symptoms or lesions observed on the animals of the suspected holding give rise to a strong suspicion of a disease deemed to be contagious;
“- either a link is established between the suspected holding and a country, zone or holding recognized as infected with a disease deemed to be contagious;
“- or the results of laboratory analyzes make it possible to suspect infection by a disease known to be contagious. “;
3 ° Article L. 223-8 is amended as follows:
a) 5 ° is worded as follows:
“5 ° Disinfection and disinsection of stables, stables, cars or other means of transport, disinfection or destruction of objects, animal products or of animal origin likely to have been contaminated and any animate or inanimate vector that may serve as vehicles for contagion; “
B) In 8 °, after the words:” exposed to contagion “are inserted the words:”, as well as animals suspected of being infected or in connection with infected animals under the conditions provided for in article L. 223-6 ”;
c) The last paragraph reads as follows:
“The Minister responsible for agriculture determines by decree which of these measures are applicable to the various diseases mentioned in Articles L. 223-2 and L. 223-3. “;
4 ° a) Articles L. 223-20, L. 223-21 and L. 223-22 are repealed;
b) In Articles L. 241-16 and L. 272-2, the reference: “L. 223-20” is replaced by the reference: “L. 223-3-l”;
c) In Article L. 272-2, the reference: “L. 223-21” is replaced by the reference: “L. 223-3-1”.
TITLE IV
PROVISIONS RELATING TO NATURAL AREAS
Chapter I
Restructuring and management of private forests
Article 117
I. – Article 199i H of the general tax code is amended as follows:
A. – The first sentence of a of 2 is replaced by four paragraphs worded as follows:
“At the purchase price of land in kind of wood and forests or bare land to be afforested when this acquisition, which must not exceed 25 hectares, allows either:
“- to constitute a management unit of at least 10 hectares in one piece or, in the mountain ranges defined in ” article 5 of law n ° 85-30 of January 9, 1985 relating to the development and protection of the mountain, a management unit of at least 10 hectares located on the territory of the same municipality or neighboring municipalities likely coordinated management;
“- to enlarge a management unit to increase its area to more than 10 hectares;
“- to reabsorb an enclave. “
B. – The first paragraph of 3 is completed by a sentence worded as follows:
” In addition, when the acquisition of land makes it possible to constitute a management unit of at least 10 hectares located in a mountain range defined in section article 5 of the aforementioned law n ° 85-30 of January 9, 1985, it is calculated by adding to this base the price of the acquisitions of land in kind of wood and forests or bare land for afforestation carried out during the three previous years to constitute this unit and for which the purchaser makes the commitments mentioned in a of 2. “
C. – The last sentence of 5 is replaced by four paragraphs worded as follows:
“However, the tax reduction is not included:
” a) In the event of dismissal, disability corresponding to classification in the second or third of the categories provided for in Article L. 341-4 of the Code of social security or death of the taxpayer or of one of the spouses subject to joint taxation;
“B) When the taxpayer, after a minimum holding period of two years, brings the land for which he has benefited from the tax reduction to a forestry group or a forestry savings company, on condition that he undertakes to keep the shares received in return, for the remaining holding period on the date of the contribution;
“C) In the event of a donation of land or shares which gave rise to the right to the tax reduction, on condition that the donees resume the commitments made by the donor for the period of detention remaining to run on the date of the donation. “
II. – The provisions of I apply to income tax due for 2004 and subsequent years.
Article 118
After the first paragraph of Article 1137 of the General Tax Code, a paragraph worded as follows is inserted:
“As of January 1, 2005, the general councils and municipal councils may each exempt the acquisitions mentioned in the first paragraph. and recorded by an authentic instrument signed before January 1, 2011. The deliberation takes effect within the time limits and under the conditions provided for in article 1594 E. ”
Article 119
Section IV of Article L. 8 of the Forest Code reads as follows:
“IV. – Woods and forests located in whole or in part in a Natura 2000 site for which an objective document has been approved by the administrative authority are considered to present guarantees or presumptions of sustainable management when they are managed in accordance with a management document drawn up, approved or approved and that their owner has entered into a Natura 2000 contract or adhered to a Natura 2000 charter or that this document has been drawn up in accordance with the provisions of Article L. 11. ”
Chapter II
Provisions relating to the protection
and enhancement of pastoral areas
Article 120
I. – The title of Chapter III of Title I of Book I of the Rural Code reads as follows: “Mountain agriculture and pastoral development”.
II. – The first paragraph of article L. 113-2 of the same code reads as follows:
“The pastoral space is made up of pastures of extensive and seasonal use. In regions where the creation or maintenance of predominantly pastoral agricultural activities is, due to the general vocation of the territory, likely to contribute to the protection of the natural environment, soils and landscapes as well as to the preservation of social life, measures adapted to the particular conditions of these regions are taken to ensure this maintenance. “
III. – The second paragraph of the same article reads as follows:
“These provisions include the measures provided for in Articles L. 113-3, L. 113-4, L. 135-1 to L. 135-11 and L. 481-1 and L. 481-2, which are applicable:” .
IV. – In the last paragraph (2 °) of the same article, the words: “of the departmental agricultural orientation committee” are replaced by the words: “of the chamber of agriculture”.
V. – 1. In b of article L. 481-1 of the same code, after the words: “They will be concluded for a period”, are inserted the words: “minimum of five years” and a sentence is added. worded as follows:
“In the absence of such an order, these agreements are concluded for a period of five years and for a rent in accordance with the maximums and minimums expressed in currency set according to the terms provided for in the third paragraph of article L. 411-11.
2. It is inserted, after the third paragraph of Article L. 481-1 of the same code, a paragraph worded as follows:
“Outside mountain areas, the representative of the State in the department determines, by decree taken after opinion of the chamber of agriculture, the spaces for use of extensive seasonal grazing as well as the duration and the rent of the agreements concluded in accordance with the terms of b. “
VI. – The second paragraph of Article L. 142-6 of the same code is supplemented by a sentence worded as follows:
“The same applies to rural buildings located in the perimeters of protection and development of natural and agricultural spaces delimited in application of Article L. 143-2 of the Town Planning Code, as well as for agreements relating to on the provision, for use of extensive seasonal grazing, of rural buildings located in the municipalities mentioned in article L. 113-2. “
Article 121
I. – Title VIII of Book IV of the Rural Code is supplemented by two articles L. 481-3 and L. 481-4 thus worded:
“Art. L. 481-3. – Areas used for extensive seasonal grazing and falling under the forestry regime may give rise to the establishment of multi-year grazing agreements provided for in Articles L. 481-l and L. 481-2.
“Art. L. 481-4. – When areas used for extensive seasonal grazing included in the perimeter of a pastoral land association come under the forest regime, their use is granted to the pastoral land association which makes them available to breeders under the conditions provided for in the article L. 481-3. “
II. – Articles L. 137-l and L. 146-l of the Forest Code are supplemented by a paragraph worded as follows:
“When the application for a grazing concession concerns extensive seasonal pastoral use, a multi-year grazing agreement is established in the forms and conditions provided for in Articles L. 481-3 and L. 481-4 of the Rural Code. “
Article 122
The second paragraph (1 °) of Article L. 135-3 of the Rural Code is supplemented by three sentences worded as follows:
“For the calculation of these quotas, the owners whose identity or the address could not be established and which did not appear during the public inquiry following a posting in the town halls concerned and publication in a newspaper of legal notices. The land association disposes of the land thus incorporated into its perimeter for a period of five years within the framework of a multi-year grazing agreement. This agreement can only be renewed following a new posting in the town halls and a new publication in a newspaper of legal notices; “.
Article 123
I. – In the first sentence of the second paragraph of article 1398 A of the general tax code, the word: “nine” is replaced by the word: “nineteen”.
II. – The third paragraph of the same article is worded as follows:
“The benefit of the relief is subject to the condition that the pastoral land association subscribes, on behalf of the owners concerned, before January 31 of each year, a declaration to the tax service. accompanied by the necessary justifications, indicating by municipality and by owner the list of plots concerned on 1 January. “
III. – The provisions of I and II apply from the taxes established for 2005.
Article 124
Article L. l35-6 of the rural code is supplemented by a paragraph worded as follows:
“When an agricultural fund whose state of abandonment or lack of maintenance prevents the movement of herds, the prefect, after residence of the owner, may grant, at the request of the pastoral land association or, failing that, the pastoral group or, failing that, interested operators, a right of way over this fund for a period that cannot exceed one year, tacitly renewable in the absence of opposition. “
Article 125
In the first sentence of the first paragraph of article L. 211-23 of the rural code, the words: “of the guard of a herd” are replaced by the words: “of the guard or the protection of the herd”.
Article 126
The Minister of Agriculture takes all measures to ensure within his administration a specific representation and expression of the territories referred to in Chapter II of Title IV and in Title V of this Law, taking into account the particularity of their situation.
Chapter III
Provisions relating to the preservation, restoration and enhancement of wetlands
Article 127
I. – Section I of article L. 211-l of the environment code is supplemented by a paragraph worded as follows:
“A decree in the Council of State specifies the criteria adopted for the application of 1 °. “
II. – After article L. 211-l of the same code, an article L. 211-1-1 is inserted as follows:
“Art. L. 211-1-1. – The preservation and sustainable management of wetlands defined in article L. 211-1 are of general interest. National, regional and local policies for the planning of rural areas and the allocation of public aid take into account the particular difficulties of conservation, exploitation and sustainable management of wetlands and their contribution to policies for the preservation of biological diversity. , landscape, water resources management and flood prevention, in particular through adapted agriculture, pastoralism, forestry, hunting, fishing and tourism. To this end, the State and its public establishments, regions, departments, municipalities and their groups, each in its area of competence, ensure the consistency of the various public policies in these territories. For the application of X of article L. 212-l, the State ensures that this consistency is taken into account in the water development and management plans. “
III. – After article L. 214-7 of the same code, an article L. 214-7-1 is inserted as follows:
“Art. L. 214-7-1. – When deemed necessary for the application of Articles L. 214-l and L. 214-7, the Prefect may delimit all or part of the wetlands defined in Article L. 211-1 in consultation with local authorities and their groups.
“A decree in the Council of State sets the conditions for the application of this article. “
Article 128
I. – Section II of article L. 211-3 of the environment code is supplemented by a 4 ° worded as follows:
“4 ° Inside the wetlands defined in article L. 211-1:
“A) Delimit areas known as” wetlands of particular environmental interest, the maintenance or restoration of which is of interest for the integrated management of the watershed, or of particular tourist, ecological, landscape or hunting value. These areas may include areas wetlands known as “strategic areas for water management provided for in Article L. 212-5;
“B) Establish, in consultation in particular with local authorities and their groups, representatives of owners or their groups, land operators or their representatives, approved associations for the protection of nature, federations of approved fishing associations, federations of hunters, approved associations of professional fishermen, meeting in the management committee of the wetland, under the aegis of the local water commission when it exists, a program of actions aimed at restoring, preserving, managing and sustainably enhance the areas defined in a;
“C) Specify in this program the practices to be promoted as well as the means planned to promote their generalization, make certain of these practices compulsory and specify the modalities according to which these practices can, if necessary, benefit from aid when they induce additional costs or loss of income. “
II. – In I of article L. 411-3 of the same code, after the words: “In order not to harm natural environments”, the words: “nor to the uses associated with them” are inserted.
Article 129
I. – Article L. 411-2 of the Environment Code is supplemented by a paragraph worded as follows:
“The list of non-domestic animal species provided for in 1 ° is revised every two years. “
II. – Article L. 411-3 of the same code is thus amended:
1 ° The 1 ° and 2 ° of I are supplemented by the words: “, the list of which is fixed by joint order of the minister responsible for the protection of nature and, either of the minister in charge of agriculture or, in the case of marine species, of the minister in charge of marine fisheries “;
2 ° In III, the words: “that an offense” are replaced by the words: “that the presence in the natural environment of one of the species referred to in I”;
3 ° The same III is completed by a sentence worded as follows:
“The provisions of II of article L. 411-5 apply to this type of intervention. “;
4 ° After the IV, an IV bis is inserted as follows:
“IV bis. – When the needs for the preservation of the biological heritage, the natural environments and the uses associated with them justify avoiding their dissemination, the transport, hawking, use, sale, sale or transfer are prohibited. purchase of animal or plant species, the list of which is set by joint decrees of the minister responsible for nature protection and either the minister responsible for agriculture or, in the case of marine species, the minister responsible for fisheries maritime. “
Article 130
In 2 ° of Article L. 415-3 of the Environment Code, after the words: “in the natural environment”, the words: “, to transport, peddle, use, put on sale, sell or buy ”.
Article 131
After article L. 251-3 of the rural code, an article L. 251-3-1 is inserted as follows:
“Art. L. 251-3-1. – In order to limit the populations of muskrats and nutria, all means of control must be implemented.
“Chemical control through the use of poisoned baits must be carried out with the authorization of the prefect in the framework of a program including other means of control when these prove insufficient. “
Article 132
I. – After the third paragraph of Article L. 212-5 of the Environment Code, a paragraph worded as follows is inserted:
“It may delimit, with a view to their preservation or restoration, so-called wetlands. “strategic areas for water management, located inside the wetlands defined in article L. 211-1 and contributing significantly to the protection of drinking water resources or to the achievement of the objectives of the water development and management plan in terms of good water status. The terms of delimitation of these strategic areas are defined by decree. “
II. – Section II of article L. 211-12 of the same code is completed by a 3 ° thus worded:
“3 ° Preserve or restore wetlands known as” strategic areas for water management delimited in application of article L. 212-5. “
III. – Section III of the same article is thus amended:
1 ° In the first sentence, the words: “to these easements” are replaced by the words: “to the easements referred to in 1 ° and 2 ° of II”;
2 ° It is completed by a sentence worded as follows:
“The areas subject to the easements referred to in 3 ° of II are delimited in accordance with article L. 212-5. “
IV. – After the V of the same article, a V bis is inserted as follows:
“V bis. – In wetlands known as “strategic areas for water management mentioned in 3 ° of II, the prefect can by decree oblige owners and operators to refrain from any act likely to harm nature and the environment. role as well as to the maintenance and conservation of the area, in particular drainage, backfilling and meadow
inversion . ” V. – In I of article L. 211-13 of the same code, the words : “The public collectivities which have” are replaced by the words: “the State, the territorial collectivities or their groupings, having”.
VI. – In the same I, after the word: “when”, are inserted the words: “Of the establishment or”
VII. – After the I of the same article, an I bis is inserted as follows:
“Ia. – Notwithstanding any provisions to the contrary, the State, local authorities or their groups, having acquired land located in strategic areas for water management mentioned in Article L. 211-12 may, when establishing or the renewal of the rural leases referred to in Title I of Book IV of the Rural Code relating to this land, prescribe to the lessee methods of using the land in order to preserve or restore its nature and role. “
VIII. – In II of the same article, the words: “leases renewed in application of I” are replaced by the words: “leases established or renewed in application of I and I bis”.
IX. – In I of article L. 216-1, the first paragraph of I of article L. 216-3 and the first paragraph of article L. 216-5 of the same code, after the reference: ” L. 211-7, ”, the reference is inserted:“ L. 211-12, ”.
Article 133
I. – Section III of article L. 322-l of the environment code reads as follows:
“III. – Its intervention can be extended by prefectural decree and after opinion of its board of directors to sectors geographically bordering the cantons and communes mentioned in I and constituting with them an ecological or landscape unit as well as to the wetlands located in the departments coastal. “
II. – Point 4 of I of the same article is repealed.
III. – After article L. 322-13 of the same code, a subsection 3 is inserted as follows:
“Subsection 3
“Management and staff
“Art. L. 322-13-1. – Pursuant to the partnership mentioned in Article L. 322-1 and in order to carry out the missions entrusted to it, the Conservatory of Coastal Space and Lake Shores may have, in addition to its own staff, agents of the territorial public service made available.
“Pursuant to III of Article L. 322-1, it may also have contractual agents from public establishments working in wetlands in the form of secondment. “
Article 134
Article L. 322-10 of the Environment Code is supplemented by a paragraph worded as follows:
“The conservatory may cover part of the cost of the missions referred to in the first paragraph as long as it is lower than that of the beneficiary of the agreement, in accordance with the terms specified therein. “
Article 135
In the first sentence of the last paragraph of Article L. 1615-2 of the General Code of Local Authorities, the words: “on property belonging to” are replaced by the words: “on buildings in the area under”.
Article 136
I. – Article 27 of ordinance n ° 2004-632 of July 1, 2004 relating to trade union associations of owners is worded as follows:
“Art. 27. – The provisions of law n ° 85-704 of July 12, 1985 relating to public project management and its relationship with private project management are applicable to authorized trade union associations.
“However, the I of article 4 of this law does not apply to the relations between an authorized trade union association and a union or a mixed trade union of which it is a member. “
II. – In the first paragraph of Article L. 213-10 of the Environment Code, after the words: “flood prevention and balanced management of water resources”, the words are inserted:
III. – Subsection 4 of section 1, subsection 1 and subsection 2 of section 2 of chapter I of title V of book I of the rural code are repealed.
Article 137
I. – After article 1395 C of the general tax code, an article 1395 D is inserted as follows:
“Art. 1395 D. – I. – Non-built properties classified in the second and sixth categories defined in article 18 of the ministerial instruction of December 31, 1908 and located in the wetlands defined in 1 ° of I of article L . 211-1 of the Environment Code are exempt from the property tax on non-built properties collected for the benefit of municipalities and their public inter-municipal cooperation establishments up to 50% when they appear on a list drawn up by the mayor on the proposal of the municipal direct tax commission and that they are the subject of a five-year management commitment relating in particular to the preservation of avifauna and the non-turning of plots.
“The exemption is applicable for five years from the year following the year in which the commitment is signed and is renewable. It does not concern non-built properties exempted in application of articles 1394 B and 1649.
“The list of plots benefiting from the exemption as well as the modifications which are made to this list are communicated by the mayor to the tax administration before September 1 of the year preceding the tax year. This list as well as the modifications made to it are displayed in town hall.
“To benefit from the exemption, the owner must provide to the tax service before January 1 of the first year for which the exemption is applicable or renewable, the commitment subscribed for the plots belonging to him registered on the list drawn up by the mayor. For plots leased in application of Articles L. 411-1 et seq. Of the Rural Code, the commitment must be co-signed by the lessee. The terms of this commitment are defined by decree of the Council of State.
“In the event of incorrect entry on the list or when the conditions for benefiting from the exemption are not met, the resulting taxes are established for the benefit of the State under the conditions provided for in Article L. 173 of the book. tax procedures.
“II. – The exemption for non-built properties provided for in I is increased to 100% for non-built properties located in natural areas covered by Articles L. 211-3, L. 322-1 to L. 322-14, L. 331 -l to L. 333-4, L. 341-1 to L. 342-l, L. 411-l to L. 411-7 and L. 414-l to L. 414-7 of the environmental code . The five-year management commitment relates to the non-turning of the plots in question and to compliance with management charters and documents or objectives approved under the regulations referred to above.
“In the event of the coexistence on the same municipality of plots eligible for the 50% exemption and the 100% exemption, two lists corresponding to each of the applicable exemptions must be drawn up by the mayor on the proposal of the municipal commission of direct taxes. “
II. – The State compensates for the loss of revenue borne, the previous year, by the municipalities and public institutions of inter-municipal cooperation with their own taxation due to the exemption from property tax on unbuilt properties granted in application of I. The compensation is not applicable to public intercommunal cooperation establishments which apply II of article 1609 nonies C of the general tax code.
This compensation is equal to the product obtained by multiplying, each year, and for each municipality or public establishment of inter-municipal cooperation with its own taxation, the amount of the tax bases exempt from the previous year by the rate of the property tax on properties. not built in the same year.
For the municipalities which belong to a public establishment of inter-municipal cooperation without own taxation, the rate voted by the municipality is increased by the rate applied for the benefit of the public establishment of inter-municipal cooperation.
Article 138
After the eleventh paragraph of Article L. 142-2 of the Town Planning Code, a paragraph is inserted as follows:
“- for studies and inventories of the natural heritage necessary for the development and implementation of the policy for the protection and management of sensitive natural areas intended to be open to the public. “
Article 139
The tenth paragraph of Article L. 142-2 of the Town Planning Code is supplemented by the words: “, provided that the planning or management envisaged maintains or improves the quality of sites, landscapes and natural environments “.
Chapter IV
Provisions relating to Natura 2000 sites
Article 140
I. – In the first paragraph of I of Article L. 414-1 of the Environment Code, after the words: “special conservation areas are sites”, the words: “maritime and land” are inserted. .
II. – In the last paragraph of II of the same article, after the words: “maritime sites”, the word: “or” is replaced by the word: “and”.
Article 141
III of Article L. 414-l of the Environment Code is supplemented by a paragraph worded as follows:
“Before the notification to the European Commission of the proposed listing of a modified perimeter of a special zone of conservation or before the decision to modify the perimeter of a special protection zone, the modified perimeter project of the zone is subject to consultation with the legislative bodies of the municipalities and public inter-municipal cooperation establishments territorially concerned by the modification of the perimeter. The administrative authority can only depart from the reasoned opinions given at the end of this consultation by a reasoned decision. “
Article 142
V of Article L. 414-l of the Environment Code is thus amended:
1 ° After the first paragraph, a paragraph is inserted as follows:
“These measures are defined in consultation in particular with the local authorities concerned and their groups concerned as well as with representatives of owners and operators of land included in the site. “;
2 ° In the first sentence of the second paragraph, the words: “These measures” are replaced by the word: “They”;
3 ° In the first sentence of the last paragraph, after the words: “within the framework of contracts”, the words: “or charters” are inserted.
Article 143
Article L. 414-3 of the Environment Code is thus amended:
1 ° The first paragraph is preceded by the words: “I. -”;
2 ° At the end of the same first paragraph, the words: “territorial operating contracts” are replaced by the words; “Contracts relating to agri-environmental commitments”;
3 ° In the first sentence of the second paragraph, after the words: “in accordance with the guidelines”, the words: “and to the measures” are inserted;
4 ° It is completed by an II as follows:
“II. – The holders of real and personal rights relating to the land included in the site can adhere to a Natura 2000 charter. The Natura 2000 charter includes a set of commitments defined by the objectives document and for which the objectives document does not provides no accompanying financial provision. It is annexed to the objectives document. “
Article 144
Article L. 414-2 of the environment code reads as follows:
“Art. L. 414-2. – I. – For each Natura 2000 site, an objectives document defines the management guidelines, the measures provided for in Article L. 414-1, the methods of their implementation and the accompanying financial provisions.
“The objectives document can be developed and approved upon notification to the European Commission of the nomination of a special area of conservation, or the designation of a special protection area.
“II. – For the development and monitoring of the implementation of the objectives document, a Natura 2000 steering committee is created by the administrative authority.
“This committee includes the local authorities concerned and their groups concerned as well as, in particular, representatives of owners and operators of land included in the Natura 2000 site. State representatives sit on it in an advisory capacity.
“III. – The representatives of the local authorities and their groups designate among themselves the chairman of the Natura 2000 steering committee as well as the local authority or the group responsible for drawing up the objectives document and monitoring its implementation.
“Otherwise, the presidency of the Natura 2000 steering committee as well as the preparation of the objectives document and the coordination necessary for its implementation are provided by the administrative authority.
“IV. – Once established, the objectives document is approved by the administrative authority. If the objectives document has not been submitted for its approval within two years of the creation of the Natura 2000 steering committee, the administrative authority can take charge of its preparation.
“V. – When the site is entirely included in land under the responsibility of the Ministry of Defense, the administrative authority chairs the Natura 2000 steering committee and establishes the objectives document in association with the Natura 2000 steering committee.
“VI. – An agreement is concluded between the State and the local authority or the group designated under the conditions provided for in III in order to define the methods and the means of support necessary for the development of the objective document and the monitoring of its implementation. implemented. “
Article 145
The objective documents under preparation on the date of publication of this law continue to be drawn up under the conditions provided for before its entry into force. However, their implementation is carried out under the conditions provided for in Article L. 414-2 of the Environment Code.
The chairmanship of Natura 2000 steering committees created by the administrative authority before the entry into force of this law is transferred to a representative of a local authority or of a group member of the steering committee under conditions defined by decree. , with the exception of the chairmanship of the steering committees of Natura 2000 sites entirely included in land under the responsibility of the Ministry of Defense.
Article 146
A. – After article 1395 C of the general tax code, an article 1395 E is inserted as follows:
“Art. 1395 E. – I. – Non-built properties classified in the first, second, third, fifth, sixth and eighth categories defined in article 18 of the ministerial instruction of December 31, 1908 are exempt from property tax on properties not built, collected for the benefit of municipalities and their public intercommunal cooperation establishments when they appear on a list drawn up by the prefect following approval of the objectives document for a Natura 2000 site and when they are the subject of a management commitment defined in Article L. 414-3 of the Environment Code for five years, in accordance with the document of
“The exemption is applicable for five years from the year following that of the signature of the contract or the adhesion to the charter and is renewable.
“The list of the plots concerned as well as the modifications made to this list are communicated by the prefect to the tax administration before September 1 of the year preceding the tax year.
“II. – 1. To benefit from the exemption, the owner must provide the tax service before January 1 of the first year for which the exemption is applicable or renewable the commitment made concerning the plots belonging to him registered on the list. drawn up by the prefect. For plots leased in application of Articles L. 411-1 et seq. Of the Rural Code, membership of the charter or the contract must be co-signed by the lessee.
“2. The exemption does not apply to non-built properties exempted under article 1394 B.
“3. When the taxpayer fulfills both the conditions required to benefit from one of the exemptions mentioned in 1 ° and 1 ° bis of article 1395 and the exemption provided for in I, the exemption provided for in 1 ° and in 1 ° bis of article 1395 is applicable.
“When the taxpayer fulfills both the conditions required to benefit from one of the exemptions mentioned in 1 ° ter of article 1395 and in articles 1395 A, 1395 B, 1395 C and 1395 D and the exemption provided for in I, the exemption provided for in I is applicable.
“The provisions of this 3 are also applicable to exemptions in progress on January 1 of the first year for which the taxpayer can benefit from the exemption provided for in I.
“III. – In the event of incorrect entry on the list or when the conditions for benefiting from the exemption are not met, the resulting taxes are established for the benefit of the State under the conditions provided for in Article L. 173 of the book tax procedures. “
B. – The State compensates, each year, the loss of revenue resulting for municipalities and public institutions of inter-municipal cooperation with their own tax system from the exemption from property tax on non-built properties granted in application of A. The compensation is not applicable to public inter-municipal cooperation establishments which apply II of article 1609 nonies C of the general tax code.
This compensation is equal to the product obtained by multiplying the base loss resulting, each year and for each municipality or public inter-municipal cooperation establishment with its own taxation, from the exemption by the rate of the property tax on unbuilt properties voted in 2003. by the municipality or the public establishment of inter-municipal cooperation.
The tax base to be used does not take into account the increase provided for in the second paragraph of article 1396 of the general tax code.
For municipalities which belonged in 2003 to a public establishment of inter-municipal cooperation without their own taxation, the rate voted by the municipality is increased by the rate applied for the benefit of the public establishment of inter-municipal cooperation.
For municipalities which are members of a public inter-municipal cooperation establishment subject, as of January 1, 2004, to the provisions of article 1609 nonies C of the general tax code, the rate applied in 2003 in the municipality is increased by the rate voted in 2003 by the establishment.
C. – The provisions of A apply to taxes established from January 1, 2006.
D. – At the end of the first paragraph of 2 ° of A of II of article 154 of law n ° 2004-809 of 13 August 2004 on local freedoms and responsibilities, the words: “as well as II of l ‘article 21 of the finance law for 1992 (n ° 91-1322 of December 30, 1991) “are replaced by the words:”, II of article 21 of the finance law for 1992 (n ° 91-1322 of December 30, 1991) as well as II of article 53 and B of article 146 of law n ° 2005-157 of 23 February 2005 relating to the development of rural territories ”.
Chapter V
Provisions relating to hunting
Article 147
In the first paragraph of Article L. 132-1 of the Environment Code, the words: “and the National Fund for Historical Monuments and Sites” are replaced by the words: “, the National Hunting Office and wildlife and the National Monuments Center ”.
Article 148
In the first paragraph of Article L. 141-1 of the Environment Code, after the words: “in the field of nature protection”, are inserted the words: “and the management of wild fauna “.
Article 149
The last sentence of the second paragraph of article L. 420-1 of the environment code is replaced by two sentences worded as follows:
“By their actions of management and regulation of the species whose hunting is authorized as well as by their achievements in favor of biotopes, hunters contribute to the balanced management of ecosystems. They therefore participate in the development of economic and ecological activities in natural environments, particularly in rural areas. “
Article 150
In the first sentence of the second paragraph of Article L. 420-3 of the Environment Code, the words: “passage of game” are replaced by the words: “game in the territory where the right to hunt is exercised “.
Article 151
The last sentence of the second paragraph of Article L. 420-3 of the Environment Code is supplemented by the words: “or the training of hounds without capture of game in the territories where the right to hunt is exercised. of their owner during the opening periods of the hunt fixed by the administrative authority ”.
Article 152
Article L. 421-1 of the Environment Code is thus amended:
1 ° After the words: “and its enhancement”, the end of the second sentence of the first paragraph of I is worded as follows. : “Through the sustainable development of hunting as well as the development and dissemination of systems and practices for the appropriate management of rural areas”;
2 ° The first paragraph of I is completed by a sentence worded as follows:
“Its agents in charge of police missions in the department provide their assistance to the prefect in matters of public order and administrative police, in their area of competence. “
Article 153
The first paragraph of Article L. 421-13 of the Environment Code is supplemented by a sentence worded as follows:
“They lead and coordinate actions in favor of wildlife and their habitats. “
Article 154
Article L. 420-3 of the Environment Code is supplemented by a paragraph worded as follows:
“The fact, at the end of the hunting action, of recovering one’s dogs from another person is not considered as an offense. lost. “
Article 155
In the first sentence of article L. 427-6 of the environment code, after the words: “after opinion of the departmental director of agriculture and forestry”, the words are inserted: “and of the president of the departmental or interdepartmental federation of hunters ”.
Article 156
The last sentence of the first paragraph of Article L. 211-23 of the Rural Code is completed by the words: “, unless he participated in a hunting action and it is demonstrated that his owner has not been refrained from doing anything to find and recover it, including after the end of the hunting action ”.
Article 157
Article 30 of the General Tax Code is supplemented by a sentence worded as follows:
“This provision does not concern the right to hunt. “
Article 158
I. – In Article L. 413-5 of the Environment Code, the words: “the Minister responsible for the environment” are replaced by the words: “the administrative authority”.
II. – 5 ° of article L. 415-3 of the same code reads as follows:
“5 ° The fact of opening or operating such an establishment in violation of the provisions of article L. 413-3 or of regulations made for its application. “
Article 159
I. – Chapter IV of Title I of Book IV of the Environmental Code is supplemented by a Section 2 worded as follows:
“Section 2
“Regional guidelines for the management and conservation
of wild fauna and its habitats
“Art. L. 414-8. – In each region and in the local authority of Corsica, regional guidelines for the management and conservation of wildlife and their habitats are drawn up with a view to promoting sustainable management, in accordance with the principles set out in article L. 420-1 and taking into account the regional forestry guidelines mentioned in Article L. 4 of the Forestry Code and the priorities of the agricultural production orientation policy and the development of operating structures mentioned in Article L. 313 -1 of the rural code.
“The regional guidelines for the management and conservation of wild fauna and its habitats specify the objectives to be achieved with regard to the conservation and sustainable management of the region’s fauna, huntable or not huntable, and of its habitats and the coexistence of the different uses of nature. They include an assessment of the main trends in the evolution of animal populations and their habitats, threats from and damage to human activities. The departmental hunting management plans referred to in Article L. 425-1 contribute to this assessment.
“The regional guidelines for the management and conservation of wild fauna and its habitats are adopted after consultation with local authorities and natural or legal persons competent in the areas concerned, by the regional prefect and in Corsica by the prefect of Corsica. “
II. – The second paragraph of I of article L. 421-1 of the same code is thus amended:
1 ° The words: “the development of the regional orientations referred to in I of article L. 421-7 as well as” are deleted;
2 ° It is supplemented by a sentence worded as follows:
“It also provides assistance to the State for the development of regional guidelines for the management and conservation of wild fauna and its habitats mentioned in article L. 414- 8. “
III. – The second paragraph of article L. 421-13 of the same code reads as follows:
“They are involved by the competent authority in the development of regional guidelines for the management and conservation of wild fauna and its habitats mentioned. in Article L. 414-8. “
Article 160
The first paragraph of II of Article L. 421-1 of the Environment Code reads as follows:
“The board of directors of the National Hunting and Wildlife Office is made up of twenty-two members, half of whom are representatives from hunting circles. It includes representatives of hunters’ federations, representatives of the most representative specialized hunting associations appointed from a list drawn up by the National Federation of Hunters, representatives of the State, of its public establishments managing natural areas. and foresters, professional agricultural and forestry organizations, nature protection organizations, establishment personnel and persons qualified in the field of hunting and wildlife. “
Article 161
The last paragraph of II of Article L. 421-1 of the Environment Code reads as follows:
“The establishment’s services are directed by a general manager appointed by decree on the proposal of the ministers responsible for hunting and agriculture. “
Article 162
Section III of Article L. 421-1 of the Environment Code is thus amended:
1 ° The words: “subsidies from the State or other public entities” are replaced by the words: “subsidies and contributions from the ‘State and other public persons with sovereign missions and of patrimonial interest that it accomplishes ”;
2 ° It is supplemented by a sentence worded as follows:
“An order fixes the rules of presentation of the budget and the accounts of the establishment distinguishing, in resources and expenses, the sovereign missions and of patrimonial interest of the hunting missions. “
Article 163
Articles L. 421-2 and L. 428-26 of the Environment Code are repealed.
Article 164
I. – Before the first paragraph of Article L. 422-27 of the Environment Code, eight paragraphs are inserted as follows:
“Hunting and wildlife reserves are intended to:
” – protect populations of migratory birds in accordance with international commitments;
“- ensure the protection of natural environments essential for the protection of endangered species;
“- promote the development of management tools for wildlife species and their habitats;
“- contribute to the sustainable development of hunting in rural areas.
“They are created by the administrative authority on the initiative of the holder of the hunting rights or of the departmental or interdepartmental federation of hunters when it comes to supporting actions of general interest.
“National hunting and wildlife reserves are organized into a national network under the responsibility of the National Hunting and Wildlife Office and the National Federation of Hunters.
“The other reserves can be organized into departmental networks coordinated by the departmental or interdepartmental federations of hunters. “
II. – The title of section 2 of chapter II of book IV of the same code is worded as follows: “Hunting and wildlife reserves”.
Article 165
I. – Article L. 423-1 of the Environmental Code is supplemented by a paragraph worded as follows:
“The valid character of the hunting license results, on the one hand, from the payment of hunting fees and stamp duty mentioned in Article L. 423-12 and, on the other hand, the payment of the contributions provided for in Article L. 423-13 as well as the contributions provided for in Article L. 426-5 and the national contribution instituted in article L. 421-14 when it comes to big game hunting. “
II. – The second paragraph of article L. 423-2 of the same code reads as follows:
“With the exception of the persons referred to in Article L. 423-25, the authorization to hunt is issued by the administrative authority, free of charge, for one year and once per person, to minors over fifteen years of age and adults, having benefited from basic practical training delivered by the departmental or interdepartmental federation of hunters, with the assistance of the National Office for Hunting and Wildlife. “
Article 166
I. – Article L. 423-4 of the environment code reads as follows:
“Art. L. 423-4. – I. – A central national file of permits issued, validations and authorizations to hunt is established, the management of which is entrusted to the National Federation of Hunters under the control of the National Office for Hunting and Wildlife wild.
“The departmental and interdepartmental federations of hunters send each year to the file manager the list of their members holding a hunting license, validation and authorization to hunt.
“The judicial authority informs the National Office for Hunting and Wildlife and informs the central file referred to in the first paragraph on the penalties imposed in application of Articles L. 428-14 and L. 428-15 of this code as well as withdrawals of the hunting license pronounced under articles 131-14 and 131-16 of the penal code. The administrative authority informs the National Hunting and Wildlife Office and informs the central file about entries in the automated national file of persons prohibited from acquiring and possessing weapons provided for in article L. 2336- 6 of the Defense Code.
“II. – A decree in the Council of State taken after the opinion of the National Commission for Information Technology and Civil Liberties specifies the modalities of application of this article. “
II. – The last sentence of the first paragraph of article L. 423-5 of the same code reads as follows:
“It includes eliminatory procedures and is organized, on behalf of the State, by the National Hunting Office and wildlife with the support of departmental and interdepartmental federations of hunters under conditions defined by regulation. “
III. – The first paragraph of Article L. 423-6 of the same code is replaced by two paragraphs worded as follows:
“To register for the examination of the hunting license, the candidate must present to the National Hunting Office and wildlife a medical certificate attesting that their state of physical and mental health is compatible with the possession of a weapon.
“An examination fee is also levied, the amount of which is set within the limit of EUR 16, by order of the minister responsible for hunting and the minister responsible for the budget. “
IV. – Article L. 423-11 of the same code is worded as follows:
“Art. L. 423-11. – Cannot obtain the issuance of a hunting license:
“1 ° Persons under the age of sixteen;
“2 ° Adults under guardianship, unless they are authorized to hunt by the guardianship judge;
“3 ° Those who, following a conviction, are deprived of the right to carry arms;
“4 ° Those who have not carried out the sentences pronounced against them for one of the offenses provided for by this title;
“5 ° Anyone sentenced to a state of residence ban;
“6 ° Those who were unable to produce the medical certificate provided for in article L. 423-6;
“7 ° The persons who have filed the opposition provided for in 5 ° of article L. 422-10;
“8 ° Persons deprived, in application of article L. 428-14, of the right to keep or to obtain a hunting license;
“9 ° Those who are registered in the national automated nominative file of persons prohibited from acquiring and possessing weapons referred to in Article L. 2336-6 of the Defense Code.
“Under the penalties incurred for the offense provided for by article 441-6 of the penal code, any person requesting the issuance of a hunting license must declare that he is not in one of the cases of incapacity or prohibitions provided for above.
“The hunting license issued on a false declaration is null and void. In this case, it must be given to the Prefect at his request. The penalties provided for against those who have hunted without a valid permit may be applied. “
V. – Article L. 423-15 of the same code is worded as follows:
” Art. L. 423-15. – Cannot obtain validation of their hunting license:
“1 ° Unemancipated minors over the age of sixteen, unless validation is requested for them by their father, mother or guardian;
“2 ° Adults under guardianship, unless they are authorized to hunt by the guardianship judge;
“3 ° Those who, following a conviction, are deprived of the right to carry arms;
“4 ° Those who have not executed the sentences pronounced against them for one of the offenses provided for by this title;
“5 ° Anyone sentenced to a state of residence ban;
“6 ° People suffering from a medical condition or an infirmity, the list of which is fixed by decree of the Council of State, making the practice of hunting dangerous;
“7 ° The persons who have filed the opposition provided for in 5 ° of article L. 422-10;
“8 ° Persons deprived, in application of article L. 428-14, of the right to keep or to obtain a hunting license, or whose license is suspended in application of article L. 428-15;
“9 ° Those who are registered in the national automated nominative file of persons prohibited from acquiring and possessing weapons referred to in Article L. 2336-6 of the Defense Code.
“Under the penalties incurred for the offense provided for by article 441-6 of the penal code, any person requesting the validation of a hunting license must declare that he is not in one of the cases of incapacity or prohibitions provided for above.
“In the event of a false declaration, the validation of the hunting license is null and void. In this case, the validation document must be given to the Prefect at his request. The penalties provided for against those who have hunted without a valid permit may be applied.
“In case of doubt about the declaration relating to the ailments mentioned in 6 °, the Prefect may request a medical certificate. “
VI. – Article L. 423-20 of the same code is worded as follows:
“Art. L. 423-20. – The hunting license can be validated for a period of nine consecutive days. This validation is subject to the payment of a hunting fee and a temporary federal contribution. It can only be obtained once per hunting campaign.
“The hunting license can also be validated for a period of three consecutive days. This validation can be repeated twice during the same hunting campaign. Each time, it gives rise to the payment of a hunting fee and a temporary federal contribution.
“These two temporary validation methods cannot be combined. “
VII. – Article L. 423-21 of the same code reads as follows:
“Art. L. 423-21. – The practice of hunting in France by non-residents, French or foreign, holders of hunting licenses issued abroad or any other administrative document in lieu thereof, is subject to the validation of these documents under the conditions applicable to hunting licenses issued in France. “
VIII. – Subsection 5 of section 2 of chapter III of title II of book IV and articles L. 423-23 and L. 423-24 of the same code are repealed.
In article L. 423-2 of the same code, the reference: “L. 423-24” is replaced by the reference: “L. 423-11”.
In article L. 423-27 of the same code, the words: “and the sums collected during the issuance of the licenses mentioned in article L. 423-22 are paid” are replaced by the words: “is paid” and the word: “affected” is replaced by the word: “affected”.
IX. – In article L. 423-12 of the same code, the words: “articles L. 423-13, L. 423-16, L. 423-23 and L. 423-24″ are replaced by the words: ” Articles L. 423-13, L. 423-15 and L. 423-16 ”.
Article 167
I. – 1. The last two paragraphs of Article L. 424-3 of the Environment Code are replaced by three paragraphs
worded as follows: “In this case, the provisions of Articles L. 425-4 to L. 425 -14 are not applicable and the participation in compensation costs for game damage provided for in article L. 426-5 is not due.
“II. – Professional hunting establishments of a commercial nature may be formed from open territories or closed grounds within the meaning of I of this article. They have this quality through registration in the trade register or in the agricultural regime. Their activity is subject to declaration to the prefect of the department and gives rise to the keeping of a register.
“In these establishments, the dates for hunting farmed birds are fixed by order of the minister responsible for hunting. “
2. The first paragraph of the same article is preceded by the words:” I. – “.
3. The sixth paragraph (5 °) of article L. 413-4 of the same code reads as follows:
“5 ° The professional hunting establishments of a commercial nature referred to in article L. 424-3. “
II. – Article L. 424-4 of the same code is thus amended:
1 ° The first paragraph is supplemented by a sentence worded as follows:
“The day means the time which begins one hour before sunrise at the administrative center. of the department and ends an hour after going to bed. “;
2 ° The second paragraph is worded as follows:
“It also gives the right to hunt waterfowl in the past, from two hours before sunrise and until two hours after sunset, in the places mentioned in article L. 424-6 . “;
3 ° In the third paragraph, the words: “the preceding paragraph” are replaced by the words: “the first paragraph”;
4 ° A paragraph worded as follows is inserted after the third paragraph:
“All means of electronic assistance for hunting, other than those authorized by ministerial decree, are prohibited. “;
5 ° After the third paragraph, a paragraph is inserted as follows:
“The glues are placed one hour before sunrise and removed before eleven o’clock. “;
6 ° The last paragraph is replaced by three paragraphs thus worded:
“However, the movement by motor vehicle from one shooting station to another is authorized as soon as the hunting action is finished and the shooting weapon is disassembled or placed in a case.
“By way of derogation from the provisions of the preceding paragraph, for hunting with scorching dogs, moving a motor vehicle from one shooting station to another may be authorized under the conditions set by the departmental hunting management plan as soon as the shooting weapon is dismantled or placed in a holster.
“People with motor disabilities can use a motor vehicle to get to their post. They can only fire from their vehicle after having stopped their engine. “
III. – Point 3 of article L. 424-6 of the same code is supplemented by the words: “subject to having the right to hunt on it”.
IV. – Article L. 424-8 of the same code is worded as follows:
“Art. L. 424-8. – I. – The transport, sale, offering for sale, holding for sale and purchase of live animals of species whose hunting is authorized or animals lawfully killed in hunting are:
“1 ° Free any the year for mammals;
“2 ° Forbidden for birds and their eggs, except for:
” – their transport for non-commercial purposes, including the transport of decoys and escaps;
“- the species whose list is fixed by order of the minister in charge of hunting.
“II. – However, restrictions may be made by the administrative authority to these provisions to prevent destruction or promote the repopulation of game.
“III. – The transport, sale, offering for sale, holding for sale and purchase of live or dead animals of species whose hunting is authorized and which were born and raised in captivity are free throughout the year.
“IV. – Notwithstanding the provisions of I and III, the sale, transport for sale, offering for sale, keeping for sale and purchase of animals lawfully killed in hunting or dead from farms referred to in III are authorized if they comply with the provisions relating to product traceability provided for in Articles L. 232-1, L. 232-1-1, L. 232-2 and L. 232-3 of the Rural Code and if the animals have been ‘subject to a health inspection in accordance with Articles L. 231-1, L. 231-2 and L. 231-3 of the same code.
“V. – A decree in the Council of State specifies the conditions of application of this article. »
V. – Article L. 424-9 of the same code is worded as follows:
“Art. L. 424-9. – Large game killed accidentally and at any time following a collision with a motor vehicle may be transported provided that the driver has previously notified the services of the national gendarmerie or the national police. “
VI. – Article L. 424-10 of the same code reads as follows:
“Art. L. 424-10. – It is forbidden to destroy, remove or intentionally damage nests and eggs, to collect eggs in nature and to keep them. It is forbidden to destroy, remove, sell, buy and transport the litters or offspring of all mammals whose hunting is authorized, subject to the provisions relating to harmful animals.
“The holders of the hunting rights and their employees have the right to collect, for hatching, the eggs uncovered by mowing or harvesting. “
VII. – Article L. 424-11 of the same code is worded as follows:
“Art. L. 424-11. – The introduction into the natural environment of large game and rabbits, and the removal from the natural environment of live animals of species whose hunting is authorized are subject to prefectural authorization, under conditions and according to procedures set by a joint order of the minister responsible for hunting and the minister responsible for agriculture. “
Article 168
I. – Sections 1 and 2 of chapter V of title II of book IV of the environment code become sections 3 and 4.
Articles L. 425-3 and L. 425-5 of the same code become respectively articles L. 425-8 and L. 425-14.
Articles L. 425-2, L. 425-3-1 and L. 425-4 of the same code are repealed.
II. – Section 1 is re-established in Chapter V of Title II of Book IV of the same code: “Departmental hunting management plans”, comprising Articles L. 425-1 to L. 425-3.
III. – Article L. 425-1 of the same code is worded as follows:
“Art. L. 425-1. – A departmental hunting management plan is set up in each department. This plan is established for a renewable period of six years. It is drawn up by the departmental or interdepartmental federation of hunters, in particular in consultation with the chamber of agriculture, representatives of private rural property and representatives of forestry interests. It takes into account the departmental document for the management of agricultural and forestry areas mentioned in Article L. 112-1 of the Rural Code as well as the regional guidelines for the management and conservation of wild fauna and its habitats mentioned in l Article L. 414-8 of this code. It is approved, after opinion of the departmental commission responsible for hunting or wildlife, by the prefect, which verifies in particular its compatibility with the principles set out in Article L. 420-1 and the provisions of Article L. 425-4. “
IV. – Section II of article L. 421-7 of the same code becomes article L. 425-2 and is thus modified:
1 ° The 3 ° is completed by the words: “and for the feeding provided for in the article L. 425-5 as well as the shooting hunting of waterfowl with the agrainée ”;
2 ° In 4 °, after the word: “preserve”, the words: “, to protect by appropriate measures” are inserted;
3 ° After the 4 °, a 5 ° is inserted as follows:
“5 ° The measures allowing to reach the agro-sylvo-hunting balance. »
V. – Section IV of article L. 421-7 of the same code becomes article L. 425-3.
VI. – Article L. 421-7 of the same code is repealed.
VII. – Article L. 421-5 of the same code is thus amended:
1 ° In the fourth paragraph, the words: “article L. 421-7” are replaced by the words: “article L. 425-1”;
2 ° The fifth paragraph becomes the penultimate paragraph.
VIII. – After section 1 of chapter V of title II of book IV of the same code, a section 2 is restored as follows:
“Section 2
“Agro-sylvo-hunting balance
“Art. L. 425-4. – The agro-sylvo-hunting balance consists in making compatible, on the one hand, the sustainable presence of a rich and varied wild fauna and, on the other hand, the sustainability and economic profitability of agricultural and forestry activities.
“It is ensured, in accordance with the principles defined in Article L. 420-1, by the concerted and reasoned management of wild fauna species and their agricultural and forest habitats.
“The agro-sylvo-hunting balance is sought by the combination of the following means: hunting, regulation, prevention of game damage by setting up protection devices and deterrent devices as well as, where appropriate , by authorized destruction methods. The search for management practices and systems that take into account both the production objectives of managers of agricultural and forest habitats and the presence of wildlife contributes to this. The compensation mentioned in article L. 426-1 can contribute to this balance.
“The sylvo-hunting balance tends to allow the regeneration of forest stands under satisfactory economic conditions for the owner, in the forest territory concerned. It takes into account the principles defined in article L. 1 of the forestry code as well as the provisions of regional forestry guidelines.
“Art. L. 425-5. – Feeding and foddering are authorized under conditions defined by the departmental hunting management plan. “
IX. – In section 3 of chapter V of title II of book IV of the same code, articles L. 425-6, L. 425-7 and L. 425-10 to L. 425-13 are inserted, as follows:
“Art. L. 425-6. – The hunting plan determines the minimum and maximum number of animals to be removed from the hunting grounds. It aims to ensure the sustainable development of game populations and to preserve their habitats, by reconciling agricultural, forestry and hunting interests.
“For big game, it is set after consultation with representatives of agricultural and forestry interests for a period which may be three years and may be revised annually; it is fixed for one year for small game.
“To ensure an agricultural, forestry and hunting balance, the hunting plan is applied throughout the national territory for certain game species, the list of which is fixed by decree in the Council of State. When it comes to wild boar, the hunting plan is implemented after consulting the departmental or interdepartmental federations of hunters.
“Art. L. 425-7. – Anyone holding the right to hunt on a territory and who wishes to obtain an individual hunting plan must make a request. However, when the rental contract or the free provision of the right to hunt expressly provides for it, the request is made by the owner or his agent.
“When the holder of the hunting rights is not the owner of the territory for which the request is presented and the latter does not rent his hunting rights, the holder of the hunting rights informs of his request for an individual hunting plan on or the owners of the territory or their representatives who so wish. The latter can then make known their possible disagreement and formulate their own request for a hunting plan.
“The owners mentioned in the previous paragraph may have recourse to the provisions of article L. 247-8 of the forest code. “
“Art. L. 425-10. – When the agro-sylvo-hunting balance is disturbed or threatened, the Prefect suspends the application of the provisions of the hunting plan specifying the characteristics of the animals to be shot, in order to facilitate the return to population levels compatible with this balance and consistent with the objectives of the hunting plan.
“Art. L. 425-11. – When the beneficiary of the hunting plan does not take the minimum number of animals allocated to him, he may be financially responsible for all or part of the costs related to the compensation mentioned in article L. 426-1 and the prevention of game damage mentioned in article L. 421-5.
“The same applies to people who have filed the opposition provided for in 5 ° of Article L. 422-10 and who have not carried out the regulation of large game species with their funds.
“Art. L. 425-12. – When the sylvo-hunting balance is seriously disturbed on a forest area managed in accordance with one of the management documents referred to in Article L. 4 of the Forest Code, the beneficiary of the hunting rights who have not taken the minimum number of animals allocated to him under the hunting plan is required to pay to the owner, who does not hold hunting rights or who does not rent it out, and who makes a detailed request:
“- either the amount of all or part of the essential protection expenditure that
“- either, if the forest stand has been significantly damaged by a species of big game subject to a hunting plan, a lump sum compensation, the amount of which per hectare is fixed by prefectural decree taken after opinion of the competent departmental commission in terms of hunting and wildlife, in accordance with an interministerial scale defined jointly by the ministers responsible for hunting and forestry.
“Art. L. 425-13. – A decree in the Council of State determines the modalities of application of this section. “
X. – In article L. 429-1 of the same code, the reference:” L. 425-4, “is deleted.
XI. – The same code is thus modified:
1 ° At the end of the last paragraph of article L. 422-14, the words: “article L. 421-7” are replaced by the words: “section 1 of chapter V of title II of book IV “;
2 ° In the third paragraph of article L. 424-2, the reference: “L. 425-5” is replaced by the reference: “L. 425-14”;
3 ° At the end of the second sentence of Article L. 427-6, the reference: “L. 425-2” is replaced by the reference: “L. 425-6”;
4 ° In article L. 427-9, the words: “of articles L. 425-1 to L. 425-3” are replaced by the words: “of section 3 of chapter V of title II of book IV “.
XII. – In the last sentence of the third paragraph of article L. 1 of the forest code, the words: “in articles L. 425-1 to L. 425-4” are replaced by the words: “in section 3 of the chapter V of Title II of Book IV ”.
XIII. – In the third sentence of the first paragraph of article L. 222-1 of the same code, the words: “of article L. 425-2” are replaced by the words: “of the third paragraph of article L . 425-6 ”.
XIV. – In the first sentence of the first paragraph of article L. 425-8 of the environment code, as it results from I of this article, the words: “of the departmental council for hunting and wildlife “Are replaced by the words:” of the departmental commission responsible for hunting and wildlife “,
Article 169
The second sentence of the first paragraph of Article L. 422-2 of the Environment Code is supplemented by the words: “by allocating the appropriate resources to it”.
Article 170
Article L. 427-1 of the Environmental Code is supplemented by the words and a sentence worded as follows: “or occasionally to animal regulation operations that it has ordered.” They are consulted, as necessary, by the competent authority, on the problems posed by the management of wildlife. “
Article 171
After section 4 of chapter V of title II of book IV of the environmental code, a section 5 is inserted as follows:
“Section 5
“Hunting management plan
“Art. L. 425-15. – On the proposal of the departmental or interdepartmental federation of hunters, the prefect inscribes, in the annual order of opening or closing of the hunt, the methods of management of one or more game species when these do not fall under the implementation of the hunting plan. “
Article 172
I. – Section 1 of Chapter VI of Title II of Book IV of the Environment Code is thus amended:
1 ° Its title is worded as follows: “Non-contentious procedure for compensation for damage caused by large game to crops and agricultural crops ”;
2 ° Article L. 426-1 reads as follows:
“Art. L. 426-1. – In the event of damage caused to crops or agricultural crops either by wild boars or by other large game species from a reserve where they are the subject of recovery or from a fund on which a plan has been executed hunting, the operator who has suffered damage requiring rehabilitation or causing damage to agricultural loss can claim the compensation to the departmental or interdepartmental federation of hunters. “;
3 ° The last paragraph of Article L. 426-3 is supplemented by a sentence worded as follows:
“The same applies when the victim of the damage has refused the methods of prevention which have been proposed to him by the departmental or interdepartmental federation. hunters. “;
4 ° The same article is supplemented by a paragraph worded as follows:
“In the event that the amount of the damage declared by the operator is more than ten times greater than that of the compensation before reduction, the appraisal costs are deducted from this compensation. “;
5 ° Article L. 426-5 is amended as follows:
a) In the second sentence of the first paragraph, the words: “a departmental commission for compensation for game damage” are replaced by the words: the departmental commission responsible for hunting and wildlife “;
b) The last sentence of the first paragraph is replaced by four sentences worded as follows:
“A National Game Damage Compensation Commission sets each year, for the main foodstuffs, the minimum and maximum price values to be taken into account for the establishment of departmental scales. It also fixes, each year, for the same purposes, the minimum and maximum values of the restoration costs. When the scale adopted by a departmental commission does not respect the values thus fixed, the National Compensation Commission is referred and decides in the last resort. It can be appealed against the decisions of the departmental commissions. “;
c) In the first sentence of the second paragraph, the words: “departmental game damage compensation commissions” are replaced by the words: “departmental commissions responsible for hunting and wildlife”;
d) The last sentence of the second paragraph is deleted;
e) The third paragraph is replaced by two paragraphs as follows:
“Within the framework of the hunting plan mentioned in article L. 425-6, a contribution by deer, fallow deer, mouflons, roe deer and wild boar, males and females, young and adults is made payable by pull-along animal intended to provide compensation to farmers whose crops or crops have suffered significant damage as a result of these animals. The amount of these contributions is fixed by the general assembly of the departmental or interdepartmental federation of hunters on the proposal of the board of directors.
“When the income from the contributions referred to in the previous paragraph is not sufficient to cover the amount of damage to be compensated, the departmental or interdepartmental federation of hunters takes charge of the excess compensation. It distributes the amount among its members or certain categories of members. It may in particular require a personal participation of big game and wild boar hunters or a participation for each marking device or a combination of these two types of participation. These participations can be modulated according to game species, sex, age categories, hunting grounds or management units. “
II. – In article L. 426-7 of the same code, after the words: “damage caused”, are inserted the words: “to crops and” and, in article L. 426-8, the word: “cultivators “Is replaced by the word:” operators “.
III. – In article L. 427-1 of the same code, the word: “harmful” is replaced by the words: “mentioned in articles L. 427-6 and L. 427-8”.
Article 173
I. – Articles L. 428-4 and L. 428-5 of the same code are replaced by three articles L. 428-4 to L. 428-5-1 worded as follows:
“Art. L. 428-4. – I. – Hunting is punished by two years’ imprisonment and a fine of EUR 30,000 when the following circumstances are met:
“1 ° During the night or during prohibited times;
“2 ° On the land of others or in a hunting reserve approved by the State or established in application of article L. 422-27;
3 ° Using prohibited devices and instruments or other means than those authorized by Articles L. 424-4 and L. 427-8 or by using drugs and bait likely to intoxicate game or destroy it;
“4 ° When one of the hunters is provided with
“II. – The same penalties apply to putting up for sale, selling, buying, transporting or peddling game outside the periods authorized in application of Article L. 424-8, when the game comes from acts of hunting committed in one of the circumstances provided for in 1 °, 2 ° and 3 ° of I of this article.
“III. – The same penalties shall apply to the fact, in any season, of knowingly selling, offering for sale, transporting, peddling or buying game killed using prohibited devices or instruments, when this game comes from acts of hunting committed in one of the circumstances provided for in 1 ° or 2 ° of I.
“Art. L. 428-5. – I. – Is punished by one year’s imprisonment and a fine of EUR 15,000 for committing one of the following offenses:
“1 ° Hunting on other people’s land without their consent, if this land is adjacent to an inhabited house or used as a dwelling, and if it is surrounded by a continuous fence preventing any communication with neighboring inheritances;
“2 ° Hunting in hunting reserves approved by the State or established in application of the provisions of article L. 422-27;
“3 ° Hunting during prohibited times or during the night;
“4 ° Hunting using prohibited implements or implements, or by means other than those authorized by Articles L. 424-4 and L. 427-8;
“5 ° Use drugs or bait which are likely to intoxicate the game or destroy it;
“6 ° Holding or being found equipped or carrying, outside his home, prohibited hunting nets, implements or instruments, with one of the following circumstances:
“ a) Being disguised or masked;
“B) Having assumed a false identity;
“C) Having used violence against people that has not resulted in any total work stoppage or a total work stoppage of less than eight days;
“D) Having used a vehicle, whatever its nature, to get to the place of the offense or to get away from it.
“II. – Is punished with the same penalties the fact of committing, when the game comes from acts of hunting committed with one of the circumstances provided for in a to d of 6 ° of I, one of the following offenses:
“1 ° Put up for sale, sell, buy, transport or peddle game outside the periods authorized in application of article L. 424-8;
“2 ° In any season, knowingly offering for sale, selling, transporting, peddling or buying game killed using prohibited implements or instruments.
“III. – Is punished with the same penalties the fact of committing, without aggravating circumstances but in a state of recidivism within the meaning of article L. 428-6, one of the offenses provided for in I and II.
“Art. L. 428-5-1. – I. – Hunting is punished by four years’ imprisonment and a fine of EUR 60,000 when the following circumstances are met:
“1 ° During the night or in prohibited time;
“2 ° By using a vehicle, whatever its nature, to get to or away from the place of the offense;
“3 ° By being provided with an apparent or hidden weapon;
“4 ° In a meeting.
“II. – The same penalties shall apply to putting up for sale, selling, buying, transporting or peddling game outside the periods authorized in application of article L. 424-8 when the game comes from the offense provided for in I of this article. .
“III. – Is punished by the same penalties the fact, in any season, of offering for sale, selling, transporting, peddling or knowingly buying game killed using prohibited devices or instruments when the game comes from the offense provided for in I . ”
II. – Article L. 428-8 of the same code is repealed.
Article 174
The environmental code is thus amended:
1 ° In 2 ° of article L. 428-7, the words: “hunting license” are replaced by the words: “authorization to hunt”;
2 ° After article L. 428-7, an article L. 428-7-1 is inserted as follows:
“Art. L. 428-7-1. – I. – Legal persons may be declared criminally liable under the conditions provided for by article 121-2 of the penal code for the offenses defined in this title.
“II. – The penalties incurred by legal persons are:
“1 ° The fine, in accordance with the terms provided for in article 131-38 of the penal code;
“2 ° The penalties mentioned in 8 ° and 9 ° of article 131-39 of the same code. “;
3 ° a. In the first paragraph of Article L. 428-12, the words: “in Articles L. 423-14 and L. 423-19” are replaced by the words: “in Article L. 423-19”.
b. The same paragraph is completed by a sentence worded as follows:
“The president of the court, after the sentence has been pronounced, warns the convicted person when he is present of the consequences that this sentence entails on the payment of these contributions and fees. »
C. The last paragraph of the same article is deleted;
4 ° II of article L. 428-15 is repealed and, at the beginning of I of the same article, the reference: “I. -” is deleted;
5 ° Article L. 428-18 reads as follows:
“Art. L. 428-18. – The persons guilty of the offenses defined in articles L. 428-1, L. 428-4, L. 428-5 and L. 428-5-1 also incur suspension for a period of three years at most of the driving license , when the offense was committed by using a motor vehicle. This suspension may be limited to driving outside of professional activity. “;
6 ° Article L. 428-32 reads as follows:
“Art. L. 428-32. – The only persons empowered to apprehend the perpetrators of the offenses defined in this chapter are:
“1 ° Judicial police officers and agents under the conditions provided for by the Code of Criminal Procedure;
“2 ° In the event of a flagrant offense, the agents mentioned in 1 ° and 2 ° of article L. 428-20, subject to the conduct of persons apprehended before the nearest judicial police officer. “;
7 ° Article L. 428-33 reads as follows:
“Art. L. 428-33. – In the event of hunting on the land of others without the consent of the owner, the prosecution may not be exercised by the public prosecutor, without a complaint from the interested party, as long as the offense was committed in enclosed land, in accordance with the terms of Article L. 424-3, and adjoining a dwelling, or on land not yet stripped of its fruit. “;
8 ° Subsection 4 of section 4 of chapter VIII of title II of book IV is repealed.
Article 175
Articles L. 429-27 to L. 429-32 of the Environment Code are worded as follows:
“Art. L. 429-27. – A departmental wild boar damage compensation fund is set up in each of the departments of Bas-Rhin, Haut-Rhin and Moselle, with legal personality.
“The purpose of the departmental wild boar damage compensation funds is to compensate farmers for damage caused to crops by wild boar. They can carry out and impose preventive actions.
“Each departmental fund is made up of holders of hunting rights defined as follows:
“ 1 ° All tenants of state or municipal hunting;
“2 ° All owners who have reserved the exercise of the right to hunt on the territories belonging to them, in accordance with article L. 429-4;
“3 ° The National Forestry Office for lots exploited in state forest by concession of licenses or placed in reserve.
“Art. L. 429-28. – The departmental wild boar damage compensation funds agree to draw up their standard statutes. These standard statutes are approved by decrees of the Prefects of Bas-Rhin, Haut-Rhin and Moselle. In the event of disagreement between these prefects and the departmental funds, the standard statutes are fixed by decree of the Council of State. Each departmental fund then brings together its members in a general assembly to adopt the standard statutes.
“The decisions of the general assembly are taken by a majority of the votes of the members present and represented. Each member of a departmental fund has at least one vote, regardless of the surface area, and at most ten votes. The votes are distributed as follows: one per entire section of 100 wooded hectares, and one per entire section of 200 non-wooded hectares, for the cumulative area of its hunting territory (s).
“By wooded area, we mean that of forests, copses, groves, hedges and reed beds, added and certified by the municipality for each municipal ban.
“Art. L. 429-29. – Membership in the departmental wild boar damage compensation fund is compulsory for any person designated in 1 °, 2 ° and 3 ° of article L. 429-27.
“Art. L. 429-30. – Members of the departmental wild boar damage compensation funds, designated in Articles L. 429-27 and L. 429-29, pay each year before April 1 to the fund of each departmental fund to which they adhere, a fixed contribution by their general meeting, not exceeding 12% of the annual hunting rent or of the contribution defined in article L. 429-14.
“Any sum due to the departmental fund and not paid at maturity will bear interest at a rate equal to one and a half times the legal interest rate.
“Art. L. 429-31. – In the event that the resources of a year, resulting from the provisions of Article L. 429-30 and the reserve account, are not sufficient to cover the expenses incumbent on a departmental compensation fund, its general meeting shall set for this year one or more of the following additional contributions:
“a) A complementary departmental contribution due by members of the departmental fund, in proportion to the wooded area of their hunting territory;
“B) An additional contribution determined by hunting sector of the department, due by members of the departmental fund for the sector to which they belong, in proportion to the total area of their hunting territory, or in proportion to its wooded area;
“C) A one-off personal contribution due by any hunter on the first day he hunts wild boar in the department.
“Conversely, if the resources for a year, made up of the payments provided for in Article L. 429-30, exceed the expenditure of a departmental fund, the excess will be paid into the reserve account of this department.
“When at the end of a financial year, the reserve account exceeds the average amount of expenditure for the last three financial years, the excess is deducted from the sums to be received the following year under article L. 429- 30.
“Art. L. 429-32. – Any request for compensation for damage caused by wild boars is addressed, as soon as the damage is noted, to the departmental fund, which delegates an estimator to examine the damaged agricultural crops in a contradictory manner. The estimator immediately delivers his conclusions on the attribution of the damage to wild boars, their age, the area affected by this damage, the rate of attack of this area and the foreseeable loss of harvest.
“In the absence of agreement on the conclusions of the appraiser, the farmer or the departmental fund seizes within eight days of the date of the estimate, and under penalty of foreclosure, the district court of the place of cultivation damaged farm, a request for designation of
“In case of disagreement on the conclusions of this legal expert, the farmer or the departmental fund seizes within eight days of the date of filing of the expert report, and under penalty of foreclosure, this same court of a request in fixing the compensation.
“No request for an estimate or forensic expertise is admissible after the harvest of damaged agricultural crops. “
Article 176
I. – An article 29-1 is inserted after article 29 of the code of criminal procedure as follows:
“Art. 29-1. – The private guards mentioned in article 29 are commissioned by the owner or any other holder of rights to the property that they are responsible for monitoring. They must be approved by the prefect of the department in which the property designated by the commission is located.
“Cannot be approved as private guards:
“1 ° Persons whose behavior is incompatible with the exercise of these functions, in particular if they do not meet the required conditions of morality and good repute, in particular in view of the information entered in bulletin n ° 2 of their criminal record or in the automated processing of personal data mentioned in article 21 of law n ° 2003-239 of March 18, 2003 on internal security;
“2 ° Persons who do not meet the conditions of technical aptitude, fixed by decree of the Council of State, which are required for the exercise of their functions;
“3 ° The agents mentioned in articles 15 (1 ° and 2 °) and 22;
“4 ° The persons who are members of the board of directors of the association which commissions them, as well as the owners or holders of real rights on the properties kept.
The conditions of application of this article, in particular the methods of obtaining approval, the conditions under which it can be suspended or withdrawn, the conditions of swearing-in of the private guards, the main elements of their behavior as well as the conditions of exercise of their missions, are determined by decree in Council of State. “
II. – The law of April 12, 1892 relating to administrative decrees approving private guards is repealed.
Article 177
The second sentence of the second paragraph of Article L. 421-5 of the Environment Code is supplemented by the words: “and, where applicable, specific game wardens”.
TITLE V
PROVISIONS RELATING TO MOUNTAINS
Chapter I
Objectives and institutions of
mountain policy
Article 178
After the first sentence of the last paragraph of article 2 of the law of October 16, 1919 relating to the use of hydraulic energy, a sentence is inserted as follows:
“The notice of opening of the public inquiry must be published at the latest one year after the transmission of the request and the decision must be taken within a maximum period of twenty-four months after the transmission of the request. “
Article 179
A. – Law n ° 85-30 of January 9, 1985 relating to mountain development and protection is amended as follows:
I. – Article 1 is worded as follows:
“Art. 1st. – The French Republic recognizes the mountain as a set of territories whose equitable and sustainable development constitutes an objective of national interest because of their economic, social, environmental, landscape, health and cultural role. Equitable and sustainable mountain development is understood as a dynamic of progress initiated, driven and controlled by mountain populations and supported by the national community, which must allow these territories to access comparable living standards and conditions. to those in other regions and offer society high quality services, products, spaces and natural resources. It should also allow mountain society to
“The State and public authorities provide assistance to mountain populations to implement this process of equitable and sustainable development by encouraging the following developments in particular:
” – facilitate the exercise of new responsibilities by mountain communities and organizations in the definition and implementation of mountain policy and massifs policies;
“- engage the mountain economy in policies of quality, control of the sector, development of added value and seek all possibilities of diversification;
“- participate in the protection of natural spaces and landscapes and promote the cultural heritage as well as the rehabilitation of existing buildings;
“- ensure better control of the management and use of mountain space by mountain populations and communities;
“- reassess the level of mountain services, ensure their sustainability and proximity by generalizing the contractualization of obligations. “
II. – Article 2 reads as follows:
“Art. 2. – The Government is committed to promoting the recognition of sustainable mountain development as a major issue with the European Union and the competent international bodies. To this end, it can propose any action or initiative that could contribute to this objective and involve, where appropriate, organizations representing mountain populations. It ensures that the objectives of this law are taken into account by the policies of the European Union, in particular as regards agriculture, rural development and economic and social cohesion. “
III. – The last paragraph of article 3 reads as follows:
“Each mountain zone is delimited by interministerial decree and attached by decree to one of the massifs referred to in article 5.”
IV. – Article 6 is amended as follows:
1 ° The second paragraph is completed by a sentence worded as follows:
“Parliament is represented by five deputies and five senators, three of whom are appointed by the committee responsible for economic affairs within their respective assembly. “;
2 ° The third paragraph is deleted.
V. – It is inserted, after article 6, an article 6 bis as follows:
“Art. 6a. – A massif agreement can be formed by regions whose territory is included in whole or in part in a massif, in the form of an interregional agreement responsible for carrying out the massif policy on behalf of its members or of a mixed union having the same object and associating the departments of the massif. When the mixed union formula is chosen, the departments and regions jointly participate in the financing of all the operations of interregional interest implemented by the agreement according to the rule set by the founding decision.
“If all the regions concerned have adhered to the massif agreement, it appoints the representatives of the regions to the massif committee provided for in article 7 and signs the interregional massif agreement signed with the State in application of the article 9.
“If all the interested departments have adhered to the massif agreement, the latter appoints the representatives of the departments to the massif committee. “
VI. – Article 7 is amended as follows:
1 ° The sixth paragraph is worded as follows:
“The committee prepares the interregional plan for land use planning and development mentioned in article 9 bis. “;
2 ° The seventh paragraph is worded as follows:
“He is informed by means of an annual report drawn up by the coordinating prefect of the massif of the decisions to allocate credits entered in the interregional agreements of the massif and, where applicable, of the credits resulting from the European plans and programs in force on the territory of the massif. “;
3 ° The ninth paragraph is completed by a sentence worded as follows:
“He is informed of any inventory project and its result, of the classification of natural areas defined in Book III of the Environment Code, of the designation of Natura sites. 2000 provided for in article L. 414-1 of the same code and the management of these spaces. “
VII. – The third paragraph of article 9 reads as follows:
“Interregional mountain mass conventions reflect the priorities of the State’s action in favor of the economic, social and cultural development of the various mountain massifs. They provide for the measures implemented for this objective by the State, the regions and, where appropriate, other local authorities, taking into account the orientations of the plans mentioned in article 9 bis. “
VIII. – The second and third sentences of the first paragraph of Article 9a are replaced by three sentences worded as follows:
“These policies are outlined in an interregional plan for the planning and development of the massif, which constitutes the strategic orientation document for the massif. This plan is prepared by the massif committee and approved by the regional councils after the opinion of the general councils concerned. The interregional plan for land use planning and development can give rise to thematic variations. “
B. – The tourism code is thus amended:
1 ° In article L. 342-20, after the words:” the passage, development and equipment of ski slopes “, are inserted the words: “And northern sites”;
2 ° Article L. 342-3 reads as follows:
“Art. L. 342-3. – In accordance with the provisions of article L. 1411-2 of the general code of local authorities, the duration of these contracts is modulated according to the nature and the importance of the investments made by the developer or the operator. “;
3 ° The first paragraph of Article L. 342-23 is replaced by four paragraphs worded as follows:
“The easement may not encumber land located less than twenty meters from buildings for residential or professional use erected or whose construction was authorized before the date of delimitation of the zones and sectors provided for in 6 ° of Article L. 123-1 of the Town Planning Code, nor the land adjoining residential houses and enclosed by walls on the date of this delimitation except:
“- in the event that the construction of said buildings is subsequent to the actual existence of the runway or the equipment;
“- in the event that the actual existence of the track or the equipment is prior to the entry into force of Law No. 2005-157 of 23 February 2005 relating to the development of rural areas;
“- in the event that the establishment of the easement is the only means of ensuring the construction of the tracks, equipment or accesses referred to in article L. 342-20 of this code. “
Article 180
Article L. 341-2 of the Environment Code is supplemented by a paragraph worded as follows:
“In mountain areas, the classification decision is taken after consultation of the massif committee concerned. “
Chapter II
Provisions relating to
economic and social development in the mountains
Article 181
Article L. 113-1 of the Rural Code is amended as follows:
I. – The first two paragraphs are worded as follows:
“By their contribution to production, employment, soil maintenance, protection of landscapes, the management and development of biodiversity, agriculture, pastoralism and mountain forests are recognized as being of general interest as basic mountain life activities and as central managers of mountain space.
“In accordance with the provisions of the treaties establishing the European Economic Community, the Government, recognizing these fundamental roles of agriculture, pastoralism and mountain forests, is committed to:”.
II. – In the 1 °, after the words: “Encourage types of development”, the word: “agricultural” is deleted.
III. – 3 ° is completed by the words: “and foresters, in particular within the framework of recognized inter-professional organizations”.
IV. – The 4 ° reads as follows:
“4 ° Ensure the preservation of agricultural, pastoral and forest lands; “.
V. – In the 5 °, after the words: “Take into account natural handicaps”, the words: “mountain” are deleted.
Article 182
The first paragraph of article 55 of law n ° 85-30 of January 9, 1985 relating to mountain development and protection reads as follows:
“The existence in mountain areas of commercial equipment, a craft of services and medical assistance meeting the current needs of the populations and contributing to the maintenance of local life is of general interest. “
Article 183
I. – In point 1 of article L. 2333-53 of the general code of local authorities, after the word: “agricultural”, the words: “and forestry” are inserted.
II. – The same article is supplemented by a 6 ° and a 7 ° worded as follows:
“6 ° To the equipment and tourist development expenses of forest areas presenting one of the guarantees of sustainable management mentioned in article L. 8 of the forest code;
“7 ° To protection works against natural soil erosion, the prevention of avalanches or the defense of forests against fires which fall to the municipality in application of 5 ° of article L. 2212-2. “
Article 184
I. – Article L. 2333-27 of the general code of local authorities is supplemented by a paragraph worded as follows:
“The mountain municipalities mentioned in article L. 2333-26, members of a public establishment of inter-municipal cooperation with competence in matters of economic development, may pay back to this public establishment all or part of the tax they collect. “
II. – In the first paragraph of article L. 2333-26 of the same code, the word: “second” is replaced by the word: “second”.
Article 185
The third paragraph of article L. 5222-1 of the general code of local authorities is supplemented by a sentence worded as follows:
“Among the delegates, one or more vice-presidents are appointed whose number cannot exceed 10% of the total. all the members of the union committee. “
Article 186
Article L. 622-5 of the Social Security Code is supplemented by a paragraph worded as follows:
“For overriding safety reasons, ski instructors holding a State certificate or an authorization to practice , organized in association or professional union for the implementation of their activity, are considered as exercising a self-employed activity falling under the self-employed workers regime and this, whatever the public to which they are addressed. “
Article 187
Article L. 145-1 of the Town Planning Code is supplemented by the following paragraph:
“However, around mountain lakes with an area of 1 000 hectares, a decree of the State Council defines, after opinion or on the proposal of the neighboring municipalities, taking particular account of the relief, a sector in which the provisions specific to the coast appearing in Chapter VI of this title apply alone. This sector cannot reduce the 100-meter coastal strip defined in III of article L. 146-4. In the other sectors of the municipalities bordering the lake and located in the mountain areas mentioned in the first paragraph, the provisions specific to the mountain appearing in this chapter apply alone. “
Chapter III
Miscellaneous provisions relating to
mountain town planning
Article 188
The last five paragraphs of Article L. 145-5 of the Town Planning Code are replaced by seven paragraphs worded as follows:
“As an exception to the provisions of the previous paragraph, constructions and developments may be allowed, depending on the specifics local, in certain demarcated sectors:
“1 ° Either by a local town-planning plan or a territorial coherence plan, with the agreement of the prefect and in view of a study carried out and approved under the conditions provided for in a of III of Article L. 145-3;
“2 ° Or by a municipal map, with the agreement of the prefect, after opinion of the departmental commission responsible for nature, landscapes and sites, and in view of a study justifying that the development and urbanization of these sectors are compatible with taking into account the quality of the environment and landscapes. In this case, each building permit is submitted for an opinion to the departmental commission responsible for nature, landscapes and sites.
“In the sectors protected under the first and second paragraphs, only buildings for agricultural, pastoral or forestry use, refuges and stopover lodges open to the public for walking and hiking, natural camping areas can be authorized. , cultural equipment the object of which is directly linked to the lakeside nature of the place, scientific installations if no other establishment is possible and reception and safety equipment necessary for the practice of swimming, water sports , walks or hikes as well as projects referred to in 1 ° of article L. 111-1-2.
“The provisions of this article also apply to bodies of water partially located in mountain areas. The following may however be excluded from the scope of this article:
“1 ° By order of the massif coordinating prefect, bodies of water of which less than a quarter of the banks are located in the mountain zone;
“2 ° By a local town-planning plan, a territorial coherence scheme or a municipal map, certain bodies of water according to their low importance. “
Article 189
After the first sentence of the second paragraph of I of Article L. 145-3 of the Town Planning Code, a sentence is inserted as follows:
“This easement specifies that the municipality is released from the obligation to ensure the servicing of the building by public networks and equipment. “
Article 190
I. – Section 2 of Chapter V of Title IV of Book I of the Town Planning Code is amended as follows:
1 ° Article L. 145-9 is worded as follows:
“Art. L. 145-9. – Any tourist development operation, in mountain areas, having as its object or effect, in one or more stages, is considered as a new tourist unit:
“1 ° Either to build surfaces intended for tourist accommodation or to create an equipment tourism comprising floor areas;
“2 ° Or to create ski lifts;
“3 ° Or to carry out tourist facilities not including floor areas, the list of which is fixed by decree of the Council of State. “;
2 ° Article L. 145-11 is worded as follows:
“Art. L. 145-11. – In municipalities which are not covered by a territorial coherence plan, the creation and extension of new tourist units are subject to authorization. The project is first made available to the public.
“I. – The authorization is issued by the coordinating prefect of the massif, after opinion of the specialized commission of the massif committee, when it concerns ski lifts which have the effect of creating a new ski area or the extension of the existing ski area beyond a threshold fixed by decree of the Council of State, or on an operation which is of regional or interregional interest because of its surface area or its capacity.
“II. – The authorization is issued by the representative of the State in the department, after consulting a specialized training of the departmental commission competent in matters of nature, landscapes and sites, when it concerns a ski lift having for effect the extension of an existing ski area beyond a threshold fixed by decree in the Council of State, or on an operation which is of local interest because of its location, its surface or its capacity to Home.
“The decree provided for in Article L. 145-13 sets in particular the thresholds applicable to I and this II depending on the type of transaction. An authorization is not illegal simply because it was issued by the coordinating prefect of the massif, while it relates to a project for a new tourist unit of a size lower than the threshold set for the application of this present. II.
“III. – The creation or extension of new tourist units other than those mentioned in I and II is not subject to authorization.
“IV. – The authorization may require the construction of accommodation for resort employees, in particular seasonal workers, and provide for arrangements for the reception and access to the slopes for non-resident skiers.
“It becomes null and void if, within four years from the notification to the beneficiary, the authorized equipment and constructions have not been undertaken. In the event of an appeal, the lapse period is suspended for the duration of the proceedings. For operations authorized prior to the entry into force of Law No. 85-30 of January 9, 1985 relating to mountain development and protection, the notification date to be taken into account for the calculation of the validity period of the authorization is set for January 1, 1986.
“The authorization also lapses, with regard to equipment and constructions that have not been started, when the development or construction work has been interrupted for a period exceeding four years. This period may be extended by four renewable years, by deliberation of the municipal council. This period applies to operations authorized prior to the publication date of Law No. 2005-157 of 23 February 2005 on the development of rural areas.
“The land use authorizations necessary for the creation of one of the new tourist units provided for in I can only be issued in municipalities with a local urban plan.
“The land use authorizations necessary for the construction of one of the new tourist units provided for in II can only be issued in municipalities with a municipal card or a local town planning plan. “
II. – After the seventh paragraph of Article L. 122-1 of the same code, a paragraph is inserted as follows:
“In mountain areas, the territorial coherence plans define the location, consistency and overall reception capacity. and equipment of the new tourist units mentioned in I of article L. 145-11 and the principles of location and the nature of the new tourist units mentioned in II of the same article. “
III. – After the first sentence of the second paragraph of Article L. 122-8 of the same code, a sentence worded as follows is inserted:
“In the event of revision or modification to allow the creation of one or more new tourist units, the revision or modification project is submitted for opinion to the specialized committee of the massif committee, when at least one of the new tourist units envisaged meets the conditions provided for by I of article L. 145-11 or to the committee departmental sites when the planned new tourist units meet the conditions provided for in II of the same article. “
IV. – The last paragraph of article 74 of the aforementioned law n ° 85-30 of 9 January 1985 is thus amended:
1 ° In the first sentence, the words: “to the representative of the State concerned” are replaced by the words: “to the representatives of the State concerned”;
2 ° In the last sentence, the words: “the latter estimate” are replaced by the words: “the latter estimate”.
V. – In the third paragraph of Article L. 563-2 of the Environment Code, the words: “the representative of the State concerned” are replaced by the words: “the representatives of the State concerned” , and the word: “holds” is replaced by the word: “holds”.
In the second sentence of the second paragraph of article L. 341-16 of the same code in the version applicable until June 30, 2005 and in the version applicable from July 1, 2005, after the reference: “L. 145- 5, “, the reference is inserted:” L.
Article 191
In the second paragraph of Article L. 146-8 of the Town Planning Code, the words: “with discharge at sea” are deleted.
Article 192
Article L. 353-19-2 of the Construction and Housing Code is thus amended:
1 ° In the first paragraph, the words: “mixed economy companies” are replaced by the words: “lessors other than the low-rent housing organizations mentioned in Article L. 353-14 ”;
2 ° It is supplemented by a paragraph worded as follows:
“The rent may be increased by the rental price of the furniture. This price is fixed and may be revised under the conditions of article L. 442-8-3-1. “
Article 193
A refuge is an establishment open to the public, in an isolated mountain site, guarded or not. Its characteristics are defined by decree.
Article 194
The provisions of article 190 will come into force on a date fixed by decree in the Council of State and no later than one year after the publication of this law.
Article 195
Article L. 644-2 of the Rural Code is supplemented by a paragraph worded as follows:
“The designation” mountain provided for in Article L. 640-2 cannot be affixed to the labeling of products with a controlled label of origin. . “
Article 196
Article L. 213-6 of the Environment Code is supplemented by a paragraph worded as follows:
“The multi-year program of the water agency takes into account the developments carried out by farmers in mountain areas in prevention of water pollution in basins located upstream of current or future catchment areas intended for drinking water supply, as well as those defined in mountain areas within the framework of action programs concerted and necessary to achieve the quality objectives defined by a water development and management plan or by the water development and management master plan. “
Article 197
Before the last paragraph of Article L. 361-1 of the Environment Code, three paragraphs are inserted as follows:
“Pedestrian traffic on the ways and paths listed in the departmental plan for walking and hiking routes, or those identified for private paths, after agreements made with the owners of these paths, by the municipalities and approved hikers’ federations, are carried out freely, in compliance with the laws and police regulations and the rights of residents.
“The mayors, by virtue of their police power, can, if necessary, regulate the conditions of use of these routes.
“The civil liability of rural and forest owners cannot be held liable for damage caused or suffered during the traffic of pedestrians or the practice of leisure activities except because of their wrongdoing. “
Article 198
I. – The 7 ° of Article L. 151-36 of the Rural Code is thus re-established:
“7 ° Cable skidding work in mountain areas. “
II. – In the third paragraph of article L. 151-38 of the same code, the words: “in 7 ° of article L. 151-36” are replaced by the words: “in 1 ° and 2 ° of I of Article L. 211-7 of the Environment Code ”.
III. – The same article is supplemented by a paragraph worded as follows:
“When, in application of 7 ° of article L. 151-36, installation work and carrying out cable skidding are carried out, a right of way and development is created for the benefit of the applicant. “
Article 199
In the first paragraph of article L. 113-1 of the rural code, the words: “is recognized” are replaced by the words: “and pastoralism are recognized”.
Article 200
The last two paragraphs of Article L. 111-1-4 of the Town Planning Code are replaced by three paragraphs worded as follows:
“The local town planning plan, or a town planning document in lieu thereof, may set out layout rules different from those provided for in this article when it includes a study justifying, depending on local specificities, that these rules are compatible with the consideration of nuisances, safety, architectural quality, as well as the quality of town planning and landscapes.
“In municipalities with a municipal card, the municipal council may, with the agreement of the prefect and after the opinion of the departmental site commission, set rules for implementation different from those provided for in this article in view of a study justifying, according to local specificities, that these rules are compatible with the consideration of nuisances, safety, architectural quality, as well as the quality of town planning and landscapes.
“The provisions of this article may be waived, with the agreement of the prefect, when geographical constraints do not allow the installation of installations or constructions beyond the setback provided for in the first paragraph, since the The interest that the proposed installation or construction represents for the municipality justifies the exemption. “
Article 201
Article L. 145-7 of the Town Planning Code reads as follows:
“Art. L. 145-7. – I. – When the territorial planning directives have not already provided for it, decrees in the Council of State taken after a public inquiry, on the proposal of the massif committees provided for in article 7 of law n ° 85- 30 of the aforementioned January 9, 1985, may define specific prescriptions on all or part of the massifs defined in article 5 of the law n ° 85-30 of the aforementioned January 9, 1985, for:
“1 ° Adapt according to the sensitivity of the environments concerned the thresholds and criteria of impact studies specific to mountain areas set in application of Articles L. 122-1 to L. 122-3 of the Environment Code, as well as that the public inquiry thresholds and criteria specific to mountain areas set in application of Articles L. 123-1 to L. 123-3 of the same code;
“2 ° Designate the most remarkable spaces, landscapes and environments of the mountain natural and cultural heritage, in particular gorges, caves, glaciers, lakes, peat bogs, marshes, places where mountaineering, climbing and canoeing are practiced. kayaking, first category watercourses within the meaning of 10 ° of article L. 436-5 of the environment code and their surroundings, and define the terms of their preservation;
“3 ° Specify, depending on the particularities of all or part of each massif, the terms of application of Article L. 145-3 of this code.
“II. – The massif committees can draw up specific recommendations for certain sensitive areas and, in particular, for high mountain areas.
“III. – For the development of the proposals for the particular massif prescriptions referred to in I and the recommendations referred to in II, the massif committees may have recourse free of charge, as necessary, to the technical services of the State as well as to the advice of architecture, town planning and the environment instituted by article 6 of law n ° 77-2 of January 3, 1977 on architecture. “
Article 202
Article 16 of the aforementioned law n ° 85-30 of 9 January 1985 is supplemented by a paragraph worded as follows:
“Special technical developments may also be authorized with respect for the environment and the countryside, in mountain areas, to ensure the functioning of telecommunications means in the best economic conditions. “
Article 203
In the last paragraph of articles L. 2411-6, L. 2411-15 and L. 2411-16 of the general code of local authorities, the words: “the establishment of a subdivision” are replaced by the words: “the making an investment necessary for the execution of a public service, the establishment of subdivisions or the execution of operations of public interest, the list of which is fixed by decree of the Council of State ”.
Article 204
Article L. 2411-10 of the general code of local authorities is amended as follows:
1 ° The second paragraph is worded as follows:
“Land for agricultural or pastoral purposes owned by the section is allocated by rural lease or by multi-year grazing agreement concluded under the conditions provided for in Article L. 481-1 of the Rural Code for the benefit of farmers having a real domicile and fixed, as well as the operating seat on the section. The municipal authority can allocate, if necessary, the remainder of these assets for the benefit of agricultural operators on the section having an operating building housing their animals on the section during the winter period, or failing this for the benefit of operating persons. property in the territory of the section and residing in the territory of the municipality; in the alternative, it can allocate this remainder for the benefit of persons exploiting only goods on the territory of the section or, failing this, for the benefit of the operators having an exploitation building on the territory of the municipality. “;
2 ° The third paragraph is completed by the words: “and those provided for by the allocation by-law defined by the municipal authority”.
TITLE VI
PROVISIONS RELATING
TO CERTAIN PUBLIC ESTABLISHMENTS
Article 205
In 2 ° of article L. 811-1 and in 2 ° of article L. 813-1 of the rural code, the words: “of the rural environment” are replaced by the words: “and to the development of the territories” .
Article 206
Subject to judicial decisions having the force of res judicata, are validated, as their legality would be contested on the basis of the annulment of the deliberations of the jury proclaiming the results of the competition for the main administrative attaché of the decentralized services of the Ministry of ‘agriculture, food, fishing and rural affairs, the appointments in the grade of senior administrative attaché of the second-class decentralized services of the persons registered on the progress tables dated May 25, 1999, June 18 2000 and 11 June 2001, established for the years 1999, 2000 and 2001.
Article 207
In the first sentence of the first paragraph of Article L. 212-15 of the Education Code, after the words: “the premises”, the words: “and the equipment” are inserted.
Article 208
The rural code is thus amended:
1 ° The ninth and penultimate paragraphs of article L. 811-8 are worded as follows:
“Each local public agricultural education and vocational training establishment establishes an establishment plan which defines the specific terms of its contribution to the implementation of the missions of public agricultural education and training mentioned in article L. 811-1. The establishment plan is drawn up in accordance with the national provisional plan for agricultural education training mentioned in article L. 814-2, the regional provisional plan for training mentioned in article L. 214-1 of the code education, the regional vocational training development plan mentioned in article L. 214-13 of the same code and the national programs and standards mentioned in article L. 811-2 of this code. It is defined in line with the regional agricultural education project mentioned in article L. 814-4 of this code. It defines the terms of the establishment’s participation in the development of the territories in which it is located.
“The school plan is developed under the responsibility of the school head. It is adopted by the institution’s board of directors under the conditions provided for by article L. 421-5 of the education code for a period of three to five years. “;
2 ° The fifth and sixth paragraphs of Article L. 813-2 are worded as follows:
“Each private agricultural education and vocational training establishment draws up an establishment plan which defines the specific terms and conditions of its contribution to the implementation of the agricultural education and vocational training missions mentioned in Article L. 813-1. The establishment plan is drawn up in accordance with the national provisional plan for agricultural education training mentioned in article L. 814-2, the regional provisional plan for training mentioned in article L. 214-1 of the code education, the regional vocational training development plan mentioned in article L. 214-13 of the same code and the national programs and standards mentioned in article L. 811-2 of this code. It is defined in line with the regional agricultural education project mentioned in article L. 814-4 of this code. It defines the terms and conditions of the establishment’s participation in the development of the territories in which it is located.
“The school plan is developed under the responsibility of the school head. It is adopted by the board of directors of the association or body responsible for the establishment under the conditions provided for by article L. 421-5 of the education code for a period of three to five years. “
Article 209
Article L. 811-10 of the rural code is supplemented by a paragraph worded as follows:
“For the application to agricultural education of the provisions of the education code, the word:” rector designates, as the case may be, the Minister responsible for agriculture or the regional director of agriculture and forestry. “
Article 210
After 2 ° of Article L. 813-1 of the Rural Code, a 2 ° bis is inserted as follows:
“2 ° bis They contribute to the educational, social and professional integration of young people and to social integration and professional adult; “.
Article 211
In point 3 of Article L. 811-1 of the Rural Code, the words: “educational, social and professional integration of young people and adults” are replaced by the words: “educational, social and professional integration of young people and the social and professional integration of adults ”.
Article 212
Subject to judicial decisions which have become final, the decisions taken by the directors of the national veterinary schools, at the end of the 2002-2003 academic year, with regard to second year students of the first cycle of studies veterinarians, are validated as they would be contested on the basis of the annulment of the deliberation of the jury of the admission competition in the national veterinary schools of 2002.
Article 213
Subject to court decisions having the force of res judicata, are validated, insofar as their regularity is questioned on the basis of the illegality of the composition of the commissions provided for in article 17 of decree n ° 84-1207 of December 28, 1984 relating to the particular statutes of the bodies of civil servants of the National Institute of Agronomic Research, the decisions of advancement to the first class of the body of research directors of the National Institute of Agronomic Research intervened in respect of years 1994 to 1999.
Article 214
After the fourth paragraph (3 °) of Article L. 811-8 of the Rural Code, a paragraph is inserted as follows:
“Staff, other than the director, recruited to exercise their functions in technological workshops or agricultural holdings mentioned in 3 ° are employees governed by private law who are governed by the provisions of Book VII of this code or by those of the Labor Code. “
Article 215
Educational, social, cultural and family associations operating in rural areas participate in the animation and development of rural areas.
Article 216
I. – Article L. 511-1 of the rural code reads as follows:
“Art. L. 511-1. – The departmental chamber of agriculture constitutes, in each department, with the State as well as the territorial collectivities and the public establishments which are attached to them, the consultative body, representative and professional of the agricultural interests. “
II. – Article L. 511-3 of the same code is worded as follows:
“Art. L. 511-3. – The departmental chambers of agriculture can be consulted by the public persons mentioned in article L. 511-1 on all questions relating to agriculture, the valuation of its productions, the forest-wood sector, the management of rural areas, prevention of natural risks, enhancement of natural areas and landscapes, and, in rural areas, protection of the environment. They may, moreover, issue opinions and formulate proposals on any question falling within their competence and aiming at the sustainable development of agriculture and forestry, as well as promoting or participating in any action having the same objects.
“They fulfill the following missions:
“- they ensure the development of the departmental part of the regional agricultural and rural development program;
“- they contribute to the animation and development of rural areas;
“- they participate in the definition of the agricultural project drawn up by the representative of the State in the department mentioned in article L. 313-1;
“- they are associated, in application of Articles L. 121-4 and L. 122-17 of the Town Planning Code, in the development of territorial coherence schemes, sector schemes and local town planning plans;
“- they can be consulted, in their field of competence, by local authorities, during the preparation of their economic development projects.
“In the field of forestry, they exercise their powers in accordance with article L. 221-6 of the forest code.
“The departmental chambers of agriculture are called upon by the administrative authority to group, coordinate and codify the local customs and practices of an agricultural nature which are usually used as a basis for judicial decisions. Codified uses are subject to the approval of the departments. “
III. – The second paragraph of Article L. 313-1 of the same code is supplemented by a sentence worded as follows:
“The representative of the State in the department may instruct the departmental chamber of agriculture to carry out the necessary studies and surveys. in the development of this project. “
Article 217
Chapter II of Title I of Book V of the Rural Code reads as follows:
“Chapter II
“Regional chambers
“Section 1
“Institution and powers
“Art. L. 512-1. – The regional chamber of agriculture constitutes in each region, with the State as well as the territorial collectivities and the public establishments which are attached to them, the consultative, representative and professional body of the agricultural interests.
“The regional chambers of agriculture can be consulted by the public persons mentioned in the first paragraph on all questions of regional interest relating to agriculture, the development of its productions, the development of the territories and the protection of the environment. They can, in addition,
“They fulfill the following missions:
” – they ensure the preparation and coordination in the regions of regional agricultural and rural development programs;
“- they guide the common actions carried out by the departmental chambers of agriculture;
“- they contribute to the development of guidelines for contractual policy between the State and the regions, land use planning and natural resource management plans of interest to the regions;
“- they are consulted during the establishment of regional plans for the development of vocational training for young people and adults;
“- they contribute, within their field of competence, to the development of European regional programs and regional policy in the economic field. “
Article 218
The second paragraph of Article L. 513-1 of the Rural Code is replaced by six paragraphs worded as follows:
“The Permanent Assembly of Chambers of Agriculture can be consulted by the public authorities on all questions relating to agriculture, to the promotion of its productions, to the forest-wood sector, to the protection and sustainable development of natural resources, and to land use planning. It can, moreover, issue opinions and formulate proposals on any question falling within its competences and aiming at the sustainable development of agriculture, forestry and the territory.
“It fulfills the following missions:
“- it provides departmental and regional chambers of agriculture with the support necessary for their operation and their actions in the technical, legal, economic and financial fields. It synthesizes the data relating to the situation of these chambers;
“- it contributes, in particular through its opinions, to the definition of the guidelines and conditions for the implementation of agricultural, rural development and environmental policies, defined by the State and the European Union, as well as in the international framework;
“- it contributes to cooperation for the development of agriculture in third countries;
“- it has the competence to represent all the chambers of agriculture in social matters and to sign on behalf of these chambers any national agreement resulting from a negotiation in which it participates, subject to the vote of a special deliberation for this effect by the session, or in case of urgency, during the interval between sessions, by the general standing committee. “
Article 219
I. – Chapter IV of Title I of Book V of the Rural Code is entitled: “Provisions common to departmental and regional chambers”.
II. – Articles L. 511-4 and L. 511-4-1 of the same code become articles L. 514-2 and L. 514-3.
III. – In the last paragraph of article L. 513-3 of the same code, the references: “L. 511-4” and “L. 511-4-1” are replaced respectively by the references: “L. 514- 2 “and” L. 514-3 “.
IV. – Article L. 514-2 of the same code, as it results from II, is thus amended:
1 ° In the first paragraph, after the word: “district,”, are inserted the words: “to carry out actions of ‘general interest falling within their fields of competence,’;
2 ° After the first paragraph, a paragraph worded as follows is inserted:
“The chambers of agriculture may enter into agreements with the State and local authorities, as well as the public establishments attached to them, within the limits of their powers, to intervene in the agricultural, forestry and rural fields. “
Article 220
I. – The first two paragraphs of Article L. 313-3 of the Rural Code are replaced by I to VI worded as follows:
“I. – The National Center for the Development of Agricultural Farm Structures is intended to ensure, as soon as the mission is entrusted to it by decree or within the framework of a convention, the implementation, on behalf of the State, the European Union, local authorities or any other legal person responsible for a public service mission, public aid and accompanying actions contributing to:
“a) The development and modernization of farm structures, rural development and planning and protection of nature.
“The actions under the preceding paragraph are implemented as necessary, with the assistance of professional bodies approved by the Minister in charge of agriculture and under agreements;
“(B) Structural policies in the field of sea fishing;
“C) Vocational training, employment and social and professional integration;
“D) Regional planning and local development.
“It can also provide assistance to public authorities for the implementation of actions in the field of land development.
“II. – The State fixes by decree, or by convention in the case of a mission limited in time, the public aid which it entrusts to the public establishment with the implementation, in whole or in part, as well as modalities of this implementation.
“III. – Local authorities and public establishments may entrust the establishment by means of an agreement with the implementation of their interventions in its fields of competence.
“When the National Center for the Development of Farm Structures is assigned the task of managing an aid program from the State or the European Community and another public establishment or a local authority decides to contribute to the financing of this program, without wishing to manage its participation directly or under the conditions provided for in Article L. 5111-1 of the general code of local authorities, this establishment or this authority can only delegate the management of its contribution to this assistance program. at the National Center for the Development of Farm Structures.
“When the local authorities do not directly or under the conditions provided for by Article L. 5111-1 of the general code of local authorities manage their financial aid to vocational training trainees, they entrust this management, in application of of Article L. 961-2 of the Labor Code, to the National Center for the Development of Farm Structures, or as regards their own beneficiaries or trainees, to the institutions mentioned in Article L. 351-21 of this code or to the National Association for Adult Vocational Training.
“IV. – In its fields of competence, the establishment can also provide French, European or foreign public authorities with technical assistance for the implementation and monitoring of their interventions.
“V. – The establishment may also be responsible for ensuring the management of the public rendering service defined by article L. 226-1 as well as operations contributing to the elimination of waste of animal origin mentioned in Article L. 226-8.
“VI. – When it is responsible for ensuring the management of public aid, including of Community origin, the establishment can ensure the examination of requests, the execution of payments, the control of the conditions of execution, the recovery and clearance of any undue payments, as well as statistical and financial monitoring of interventions.
“For the exercise of these missions, the establishment can recruit non-tenured agents by way of contracts of indefinite duration. “
II. – The beginning of the penultimate paragraph of the same article reads as follows:
“VII. – A report on the activity … (the rest unchanged). “
III. – The beginning of the last paragraph of the same article reads as follows:
“VIII. – The conditions of application … (the rest unchanged). “
IV. – The provisions of this article do not preclude the possibility for the consular chambers or any other competent body to be entrusted with the management of aid programs of the State or of the European Community in the fields mentioned in I of the article L. 313-3 of the rural code.
Article 221
I. – The first paragraph of Article L. 226-1 of the Rural Code is thus amended:
1 ° After the word: “collection”, the words: “, the transformation” are inserted;
2 ° It is supplemented by two sentences worded as follows:
“The management of all or part of this service may be entrusted by decree to the establishment mentioned in article L. 313-3. This substitution does not entail any right to terminate the contracts or to indemnify the co-contracting parties. “
II. – Article L. 226-8 of the same code is supplemented by a paragraph worded as follows:
“In the cases defined by decree, the State can replace the slaughterhouses and establishments to ensure the elimination of the waste mentioned above. In the event that the State mandates by decree the public establishment provided for in Article L. 313-3 to ensure all or part of the measures contributing to the elimination of this waste, the latter is automatically substituted for the State from the date of entry into force of the decree in all contracts in progress made in application of this article. This substitution does not entail any right to terminate these contracts or to indemnify the co-contractors. “
Article 222
I. – The rural code is thus amended:
1 ° Chapter VI of title II of book II is entitled: “Animal by-products”;
2 ° Article L. 226-1 is thus amended:
a) At the beginning of the first paragraph, before the words: “Collection”, the words are inserted: “Constitute a public service mission which falls within the competence of the ‘State’;
b) After the words: “animal carcasses”, the end of the first paragraph reads as follows: “livestock dead in agricultural operation as well as other categories of animal carcasses and animal matter whose list is fixed by decree, for which the intervention of the State is necessary in the general interest. “;
c) Before the last paragraph, a paragraph worded as follows is inserted:
“The owners or holders of animal carcasses and animal materials referred to in the first paragraph must make them available to the person responsible for carrying out the public rendering service. “;
3 ° Articles L. 226-2 to L. 226-6 are worded as follows:
“Art. L. 226-2. – Animal by-products, that is to say animal carcasses as well as animal materials, defined by Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002, establishing health rules applicable to animal by-products not intended for human consumption, must be collected, processed and, where appropriate, disposed of under the conditions laid down by this regulation and by the provisions of this chapter.
“The collection, processing and disposal of corpses and other animal by-products, the destruction of which is made compulsory by Regulation (EC) n ° 1774/2002 of 3 October 2002 cited above or by order of the minister responsible for agriculture and other interested ministers.
“Art. L. 226-3. – It is forbidden to throw animal by-products anywhere.
“The owners or holders of all animal corpses must entrust them to an approved establishment for their elimination by incineration or co-incineration.
“The owners or holders of animal materials must entrust them to an approved establishment with a view to their elimination or their use.
“The procedures for issuing the approvals provided for by Regulation (EC) No. 1774/2002 of 3 October 2002 cited above are defined by order of the Minister responsible for agriculture and, where applicable, of the other ministers concerned.
“Art. L. 226-4. – By way of derogation from Article L. 226-2, in summer pasture areas in the mountains and in the event of force majeure, or in the event of a health necessity, noted by the administrative authority, it is carried out disposal of dead animals by incineration or burial. The on-site disposal of the corpses mentioned in Article L. 226-1 is the responsibility of the public rendering service.
“It is also possible to bury the corpses of pets and wild game by-products.
“The conditions and places of incineration and burial are defined by decree of the minister responsible for agriculture and, where applicable, of the other ministers concerned.
“Art. L. 226-5. – By way of derogation from Article L. 226-3, an order of the Minister responsible for agriculture and, where applicable, of the other interested ministers sets the conditions under which certain animal by-products may be subject to specific uses provided for in Article 23 of Regulation (EC) No 1774/2002 of 3 October 2002 cited above.
“The use of carcasses of monogastric animals for purposes other than those provided for in the previous paragraph may be authorized, under the conditions provided for by the aforementioned EC Regulation No 1774/2002 of 3 October 2002,
“Art. L. 226-6. – I. – The owners or holders of animal carcasses are required to notify, as soon as possible and at the latest within forty-eight hours, the person responsible for the removal, with a view to their elimination.
“II. – Animal corpses must be removed within two clear days after receipt of the declaration from the owner or keeper.
“Animal materials for which elimination is compulsory must be removed within two clear days after their production.
“III. – The reporting period to the person responsible for the removal of the corpses, on the one hand, and the retention period for materials whose destruction is compulsory, on the other hand, may be extended when their storage meets sanitary conditions defined by regulation.
“IV. – If, within the time limits provided for in II, the animal by-products have not been removed, the owners or holders are required to notify the administrative authority. In this case or when the owner of animal carcasses remains unknown at the expiration of a period of twelve hours after their discovery, the removal of these animal by-products is carried out under conditions determined by regulation. “;
4 ° In the first paragraph of Article L. 226-7, the reference: “L. 226-1” is replaced by the reference: “L. 226-2”;
5 ° The first paragraph of Article L. 226-8 reads as follows:
“The elimination of processed products from category 3 materials within the meaning of Regulation (EC) No. 1774/2002 of 3 October 2002 cited above, from slaughterhouses or establishments handling or preparing animal or animal foodstuffs, does not come under the public rendering service. “;
6 ° Articles L. 226-9 and L. 226-10 are repealed;
7 ° Article L. 228-5 is worded as follows:
“Art. L. 228-5. – I. – Is punished with a fine of 3,750 EUR for:
“1 ° Throw in any place whatsoever animal carcasses or animal matter defined by Regulation (EC) No 1774/2002 of the European Parliament and of the Council of October 3, 2002, establishing health rules applicable to under – animal products not intended for human consumption;
“2 ° Use, for purposes other than disposal, animal carcasses and animal matter whose disposal is compulsory;
“3 ° Not to make the declarations prescribed in Article L. 226-6 or not to hand over to the person responsible for rendering the carcasses of animals and animal matter whose disposal is compulsory;
“4 ° Carry out both a rendering activity and an activity of trade or transport of animals, meats or meat products intended for human consumption;
“5 ° Carry out a rendering activity on a site on which the activity of trading or transporting animals, meats or meat products intended for human consumption is carried out.
“II. – Legal persons can be declared criminally responsible, under the conditions provided for in article 121-2 of the penal code, for the offenses defined in I. The penalties incurred by legal persons are:
“1 ° The fine, according to the terms and conditions provided for in article 131-38 of the penal code;
“2 ° The penalties mentioned in article 131-39 of the same code. “
II. – In article L. 272-1 of the same code, the reference: “L. 226-10” is replaced by the reference: “L. 226-8”.
III. – This article will come into force on the date of publication of the decree provided for in the first paragraph of article L. 226-1 of the rural code and no later than January 1, 2006.
Article 223
After the first paragraph of Article L. 226-7 of the Rural Code, two paragraphs are inserted as follows:
“The provisions of the preceding paragraph do not prevent two legal persons, having a capital link between them, exercising one a rendering mission and the other an activity of trade and transport of animals, meats or meat products intended for human consumption.
“In all cases, rendering activities, on the one hand, and trade and transport of animals, meat or meat products intended for human consumption, on the other hand, must be carried out on sites different. “
Article 224
I. – At the end of Article L. 412-1 of the Forest Code, the words: “excavations and extractions of materials” are replaced by the words: “excavations, extractions of materials as well as research and exploitation by public authorities or their water resource representatives ”.
II. – After article L. 412-2 of the same code, an article L. 412-2-1 is inserted as follows:
“Art. L. 412-2-1. – Research and exploitation work by public authorities or their delegatees of water resources intended for human consumption which have been the subject of a declaration of public utility and which do not fundamentally modify the forest destination of land can be carried out under the conditions provided for by the special forestry regime.
Article 225
I. – Article L. 221-8 of the forest code is amended as follows:
1 ° The eighth paragraph is worded as follows:
“- contribute to development actions concerning the forest and trees through animation, coordination, research and training; “
2 ° After the eighth paragraph, four paragraphs are inserted as follows:
” – carry out and disseminate all works and studies relating to the development of the forest;
“- contribute to the collection of French, Community and international data, in particular economic data, concerning private forests and ensure their dissemination;
“- promote exchanges between organizations participating in the development of forests in France, on the territory of the European Union and abroad.
“It can be consulted by the public authorities and make proposals on all questions relating to the forest-wood sector, the sustainable development of the forest and its economic, environmental and social functions, and its contribution to rural development. . “
II. – An article L. 221-10 is inserted in the same code as follows:
“Art. L. 221-10. – In order to fulfill the missions mentioned in the eighth, ninth, tenth and eleventh paragraphs of article L. 221-8, the National Professional Center for Forest Property may create one or more forestry utility services.
“Forest utility services are managed and their operations accounted for in accordance with commercial laws and customs.
“The revenue and expenditure forecasts for these services must be the subject of special accounts. They appear in the ordinary budget of the national center only through their credit or debit balance.
“In these services, staff are recruited under contracts governed by the labor code.
“The conditions of employment, promotion and remuneration of these personnel are established with reference to those of personnel falling under the status provided for in article L. 221-9 of this code. “
III. – In the event of the dissolution of the Institute for Forest Development, the personnel employed by this institute are transferred, on the date of dissolution, to the National Professional Center for Forest Property and assigned to the forestry utility services. These personnel are employed under the conditions mentioned in the last paragraph of Article L. 221-10 of the Forestry Code and in the last paragraph of Article L. 132-8 of the Labor Code.
In the event that the Institute for Forest Development decides to allocate its movable and immovable property to the National Professional Center for Forest Property, this transfer is made free of charge and does not give rise to any payment of salaries or fees for the benefit of agents of the
The National Professional Center for Forest Property is automatically substituted for the rights and obligations of the Institute for Forest Development.
Article 226
Article L. 121-1 of the Forest Code is supplemented by a paragraph worded as follows:
“It disclaims the public service obligations of the National Forestry Office. It assesses the means necessary for the accomplishment of its missions of general interest. “
Article 227
I. – Before the last paragraph of Article L. 121-4 of the Forest Code, a III worded as follows:
“III. – The National Forestry Office may, within the framework of the missions entrusted to the houses of services to the public provided for in article 27 of law n ° 2000-321 of April 12, 2000 relating to the rights of citizens in their relations with the administrations , contribute, in rural revitalization zones, to the maintenance of services to the public that do not fall within its remit. “
II. – The beginning of the last paragraph of article L. 121-4 of the same code reads as follows:
“IV. – The conditions of application … (the rest without change). “
III. – Articles L. 134-1 and L. 134-7 of the same code are worded as follows:
“Art. L. 134-1. – Any sale must comply with the provisions of Article L. 134-7 and the regulations adopted for its application, on pain of nullity. “
” Art. L. 134-7. – The cuts and products of the cuts in the woods and forests of the State are sold by the National Forestry Office either by auction or call for tenders, or by mutual agreement, under the conditions set by decree in the Council of State.
“Multi-year supply contracts can be concluded. “
Article 228
I. – After the third paragraph of Article L. 123-1 of the Forest Code, a paragraph worded as follows is inserted:
“- proceeds from sales of grouped lots mentioned in Article L. 144-1-1, subject to the distribution to each local authority of the share of the net income collected which is due to it. “
II. – After article L. 144-1 of the same code, an article L. 144-1-1 is inserted as follows:
“Art. L. 144-1-1. – With the agreement of each community or legal person who owns a forest under the forestry regime, the National Forestry Office sells lots grouping cuts or products from these forests and ensures the recovery in its name. corresponding recipes. These lots may also include cuts or cut products from the national forest. Sales of grouped lots take place under the same conditions as for State timber.
“The deliberation of the collective or legal entity owner specifies the quantity put up for sale in grouped lots. The National Forestry Office pays each community its share of the net income collected in proportion to the portion put up for sale in groups grouped by this community or legal person. A decree determines the costs which may be deducted from the sums to be paid by the National Forestry Office to the collectivity or legal person holding the debt. “
III. – After article L. 1311-7 of the general code of local authorities, an article L. 1311-8 is inserted as follows:
“Art. L. 1311-8. – When in the woods and forests of communities falling under the forestry regime, in application of Book I of the Forest Code, sales of cuts or products of cuts grouping together in the same lot wood belonging to several communities, the claim of the community concerning the sale of the products of its domain relates to the part of the net proceeds collected to be distributed to it by the National Forestry Office, in proportion to the portion put up for sale by this community. “
Article 229
In the first paragraph of article 17 of the law n ° 2001-602 of July 9, 2001 of orientation on the forest, the word: “five” is replaced by the word: “eight”.
Article 230
I. – A national public establishment of an industrial and commercial nature is created, placed under the high protection of the President of the Republic and under the supervision of the State, called “Domaine national de Chambord”.
The mission of this establishment is to preserve, manage, enhance and ensure the national and international influence of the properties constituting the national domain of Chambord. As such, he is notably responsible for:
1 ° Preserving, restoring, presenting to the public and animating the castle and its built and unbuilt outbuildings;
2 ° To manage, in accordance with the principles mentioned in Article L. 1 of the Forest Code, the forest and associated environments, paying particular attention to the conservation of natural habitats;
3 ° Manage hunting activities and wildlife in the national domain of Chambord;
4 ° Manage all the property belonging to the State, defined by decree of the ministers responsible for culture, the budget, hunting and forestry, located in the territory of Chambord and the neighboring municipalities;
5 ° Ensure, on the national domain of Chambord, compliance with the regulations relating to hunting, fishing and sites provided for by the environment code. To this end, its agents may be commissioned and sworn in pursuant to the provisions of Articles L. 428-20 and L. 437-1 of the Environment Code. He may also benefit from the assistance of officials falling under Articles 22 and 28 of the Code of Criminal Procedure, commissioned and sworn in to ascertain forest, hunting or fishing offenses, seconded or placed at his disposal.
II. – The public establishment is administered by a board of directors and directed by a director general, commissioner of the national domain of Chambord.
The board of directors is composed of representatives of the State and of the local authorities concerned, of representatives of national public establishments competent in the fields of activity of the establishment, of qualified persons and of elected representatives of the personnel.
The chairman of the board of directors and the chief executive officer are appointed by decree.
The resources of the establishment consist of subsidies from the State, local authorities and any public or private body, entrance fees, fees for services rendered, the proceeds of sales, rentals and agreements as well. than by loans, donations and bequests and various receipts.
III. – The constituting goods of the national domain of Chambord are given in endowment to the public establishment. Allocations and allocations as endowments are made free of charge.
The roads in the national domain of Chambord open to public traffic on the date of entry into force of the decree provided for in VIII of this article are also donated to the public establishment free of charge. The director general of the public establishment exercises the police powers relating to their management, in particular with regard to traffic on these roads, subject to the powers vested in the mayor of the commune of Chambord on the communication routes located at the inside the agglomeration in application of article L.
The public establishment manages the forest in accordance with the development document provided for in Article L. 133-1 of the Forest Code. By way of derogation from this article, this document is adopted by the minister in charge of forestry after agreement of the board of directors of the establishment.
The National Forestry Office ensures the development and follow-up of the management document, the sale and exploitation of cuts or products from forest cuts as well as the forest police, in accordance with articles L. 134-1 to L 136-4 and L. 152-1 to L. 152-8 of the forest code. The National Forestry Office also provides, as necessary, at the request of the national domain of Chambord, the studies, operations and works strictly necessary for the management of the forest. The conditions for carrying out these actions are specified in an agreement between the State, the national domain of Chambord and the National Forestry Office.
IV. – 1. As from the date of entry into force of the decree provided for in VIII and for a period of six months, civil servants and agents who do not hold public law in the State and its public establishments who, on that date , exercise their functions in the services or parts of services transferred to the national domain of Chambord for the exercise of the missions provided for in I, are made available to the public establishment on an individual basis.
2. The civil servants of the State and of its public establishments placed at the disposal of the national domain of Chambord in application of 1 may request to continue to exercise their functions in this establishment at the end of the period of availability.
They have a period of four months from the date of entry into force of the decree provided for in VIII to submit this request.
Civil servants who opt under these conditions to remain in the national domain of Chambord or who, at the end of the aforementioned period, have not communicated their choice to the administration, are placed with the public establishment, if necessary ex officio, in a position in accordance with the laws and regulations to which they are subject.
3. The non-holders of public law of the State and its public establishments placed at the disposal of the national domain of Chambord in application of 1 are automatically recruited by the public establishment at the end of their provision. They decide beforehand on the conditions of their recruitment by opting for the conclusion either of a private law contract guaranteeing them the benefit of their previous remuneration, or of a public law contract which keeps them the benefit of the stipulations of their contract. initial as well as individual benefits acquired by virtue of the collective provisions applicable to staff who do not hold their home establishment or administration.
This option right is exercised within four months from the date of entry into force of the decree provided for in VIII.
V. – The rights and obligations of the State, the National Monuments Center, the National Forestry Office and the National Hunting and Wildlife Office, relating to the management, maintenance and to the use of the goods mentioned in 4 ° of I, are transferred to the national domain of Chambord.
VI. – Article L. 111-1 of the forestry code is supplemented by a 5 ° worded as follows:
“5 ° Woods and forests allocated to the national domain of Chambord. “
VII. – The environmental code is thus modified:
1 ° In 1 ° of I of article L. 428-20, after the words: “of the Superior Council of Fisheries,”, are inserted the words: “of the national domain of Chambord,”;
2 ° In 1 ° of I of article L. 437-1, after the words: “of the Superior Council of Fisheries”, the words: “and of the national domain of Chambord” are inserted.
VIII. – A decree in Council of State determines the conditions of application of this article, in particular the modalities of organization and operation of the establishment, conservation of the castle and management of the forest.
The provisions of this article take effect on the date of entry into force of the decree provided for in the preceding paragraph and no later than July 1, 2005.
Article 231
I. – The third paragraph of Article L. 333-1 of the Environment Code is replaced by two paragraphs worded as follows:
“The draft constitutive charter is drawn up by the region with all the local authorities concerned, in consultation with interested partners. It is submitted to a public inquiry, then approved by the local authorities concerned and adopted by decree classifying the territory as a regional natural park for a period of ten years at most.
“The revision of the charter of the regional natural park is carried out by the management body of the park. When changes in the legal or factual circumstances do not allow the region to complete the review before the classification expires, it may be extended by decree for a maximum period of two years. This decree is issued at the request of the region on a proposal from the management body and without the need to carry out the prior consultations provided for during the initial classification and its renewal. “
II. – Subject to legal provisions which have become final, the classification of the Verdon regional natural park, issued by decree n ° 97-187 of March 3, 1997, is extended until March 3, 2006.
Article 232
In article 1794 of the general tax code, a 6 ° is re-established as follows:
“6 ° Infringements of community or national provisions relating to the distillations of wines made from grape varieties classified both as wine grape varieties and as wine varieties. intended for the production of eaux-de-vie with designation of origin. “
Article 233
After article L. 111-3 of the rural code, an article L. 111-4 is inserted as follows:
“Art. L. 111-4. – A national public establishment of an industrial and commercial nature is created, called “French Agency for Agricultural and Rural Information and Communication, placed under the supervision of the Minister in charge of agriculture.
” The purpose of this public establishment is to develop and to implement a communication system aimed at improving public knowledge of the agricultural and rural world, promoting the image of agriculture among consumers and promoting trades and products from rural areas.
“Its resources consist in particular of grants from the promotion and communication fund mentioned in Article L. 640-5 and all other public or private contributions, as well as the proceeds from sales of editions on all media, sales of spaces for the insertion of advertising messages, and the proceeds of donations and bequests.
“The establishment is administered by a board of directors and headed by a director appointed by decree.
“By way of derogation from law n ° 83-675 of July 26, 1983 relating to the democratization of the public sector, the board of directors is made up, half of representatives of the State and half of representatives of the profession. agriculture, agrifood industries, local authorities and consumers as well as qualified personalities chosen for their skills in the areas falling under the agency’s missions. The chairman of the board of directors is appointed by decree from among the members of the board, on a proposal from the board.
“The members of the board of directors are appointed by the minister in charge of agriculture, with the designation of representatives of the agricultural profession and the agrifood industries acting on the proposal of the professional organizations concerned.
“The rules of organization and operation of the establishment are specified by decree of the Council of State. “
Article 234
The law of April 12, 1941 establishing the inter-professional committee for Champagne wine is amended as follows:
I. – In the first sentence of the first paragraph of article 4, the word: “six” is replaced by the word: “twelve” and the word: “three” is replaced, twice, by the word: “six”.
II. – The 2 °, 3 °, 4 °, 5 °, 6 ° and 8 of article 8 are worded as follows:
“2 ° Contribute to the organization of production and ensure better coordination of the placing on the market of products;
“3 ° Organize and discipline relations between the various professions concerned, in particular by means of standard contracts for the sale and purchase of grapes, musts and wines;
“4 ° Improve the functioning of the market by setting rules for the storage and / or phased disposal of products;
“5 ° Contribute to the quality and traceability of grapes, musts and wines;
“6 ° Foster the sustainable development of viticulture, the protection of the environment and the rational development of the vineyard; “
” 8 ° Undertake information, communication, promotion, protection and defense actions in favor of the controlled appellations of origin of the demarcated Champagne. “
III. – Article 9 is amended as follows:
1 ° In the first paragraph, the words: “after they have consulted” are replaced by the words: “who may consult”;
2 ° It is supplemented by two paragraphs thus worded:
“Decisions relating to the storage and / or phased release of products are submitted for approval to the Minister responsible for agriculture and the Minister responsible for the Economy who have two months to rule on. of their transmission. If, at the end of this period, they have not spoken, the decisions are deemed to be approved. Any refusal must be motivated. The decisions are approved by joint decrees of the Minister in charge of Agriculture and the Minister in charge of the Economy published in the Official Journal of the French Republic.
“The penalties provided for in Article L. 632-7 of the Rural Code apply to any contract for the sale and purchase of grapes, musts or wines that does not comply with an approved and enforceable decision. “
IV. – The
1 ° In the third paragraph (2 °), the word: “ordinances” is replaced by the word: “decisions”;
2 ° In the fourth paragraph (3 °), the words: “the personnel necessary for management” are replaced by the words: “the director”.
V. – Article 11 is worded as follows:
“Art. 11. – The executive committee may, after hearing the persons concerned, order an investigation into the facts likely to constitute a breach of an individual or regulatory decision taken for the performance of a public service mission.
“Any breach is punishable by a warning or a financial penalty, the amount of which, proportionate to its seriousness and to the possible advantage which has been derived from it, cannot exceed one third of the value of the grapes, musts or wines. involved or, failing that, the sum of EUR 80,000.
“Warnings and financial penalties are pronounced by a disciplinary council whose composition is fixed by decree. This disciplinary council meets on the initiative of one of the general delegates or the Government commissioner. It rules by reasoned decision, at the end of an adversarial procedure. The offender is informed of the facts with which he is accused and of the date of the meeting of the disciplinary council; he has access to his file at his request, can present written observations, ask to be heard and be assisted or represented by a person of his choice. The decision of the disciplinary council is notified to the offender and to the government commissioner.
“The pecuniary sanctions are collected for the benefit of the State like the debts foreign to the tax and to the domain. “
VI. – Article 15 reads as follows:
“Art. 15. – The modalities of application of this law are fixed by decree. “
VII. – Articles 16 and 17 are repealed.
VIII. – In Articles 4, 5, 6, 7, 9, 10, 12 and 14, the words: “Minister Secretary of State for Agriculture” are replaced by the words: “Minister or Secretary of State responsible for ‘Agriculture “.
Article 235
I. – Law n ° 86-2 of January 3, 1986 relating to the development, protection and enhancement of the coastline is supplemented by an article 43 worded as follows:
“Art. 43. – A national council for the development, protection and enhancement of the coast and the integrated management of coastal areas called the National Coastal Council is created. It is chaired by the Prime Minister. Its composition and functioning are fixed by decree. It includes members of the Parliament and representatives of the territorial communities of the maritime facades of metropolitan France and overseas as well as representatives of interested public establishments, socio-professional circles and civil society representative of the activities and uses of the coast. .
“The national council is consulted within the framework of the drafting of decrees relating to the management of the maritime public domain.
“The council has a role of proposal with the Government which can seize it for opinion on any subject relating to the coast. It contributes through its opinions and proposals to the coordination of public actions in coastal areas. It defines the objectives and specifies the actions it deems necessary for the development, protection and enhancement of the coastline, with a view to integrated coastal zone management. It is associated with monitoring the implementation of this law and the texts adopted for its application and contracts initiated by the European Union and affecting the coast.
“It is consulted on the intervention priorities and the general conditions for granting state aid. It can be consulted on projects defined in application of contracts between the State and the regions as well as on any legislative or regulatory project concerning the coast.
“It participates in the foresight, observation and evaluation work carried out on the coast at European, national and interregional levels. “
II. – Article 41 of the same law reads as follows:
“Art. 41. – The Government submits to Parliament every three years a report drawn up in consultation with the National Coastal Council on the application of this law and on the specific measures taken in favor of the coast. The first report is filed no later than one year after the promulgation of Law No. 2005-157 of February 23, 2005 relating to the development of rural areas. “
III. – After the sixth paragraph of Article L. 122-1 of the Town Planning Code, a paragraph worded as follows is inserted:
“When they include one or more coastal municipalities, they may include an individualized chapter serving as a scheme for the development of the sea as defined by article 57 of law n ° 83-8 of January 7, 1983 relating to the distribution of competences between the communes, the departments, the regions and the State, provided that this one has been approved according to the modalities defined in this chapter. “
IV. – IV of article L. 122-3 of the same code is supplemented by a paragraph worded as follows:
“When the territorial coherence plan encompasses one or more coastal municipalities and in the event that the public establishment mentioned in Article L. 122-4 decides to draw up an individualized chapter serving as a development plan for the sea, the Prefect is consulted on the compatibility of the perimeter of this plan with the challenges of development, protection and enhancement of the coast. »
V. – After article L. 122-8 of the same code, an article L. 122-8-1 is inserted as follows:
“Art. L. 122-8-1. – The provisions of the individualized chapter serving as a development plan for the sea and relating to the fundamental guidelines for the protection of the marine environment, the management of the public maritime domain and the provisions which do not emerge from the content of the territorial coherence plans such as it is defined by article L. 122-1 are submitted for approval to the prefect before the project is terminated. “
VI. – Article L. 122-11 of the same code is thus amended:
1 ° After the first paragraph, a paragraph is inserted as follows:
“At the end of the public inquiry, the individualized chapter is equivalent to the implementation plan. sea value can only be changed with the agreement of the prefect. “;
2 ° It is completed by a paragraph worded as follows:
“Where applicable, the individualized chapter mentioned in the second paragraph replaces the part of an existing sea development plan which concerns its territory. “
VII. – The last sentence of the first paragraph of article 57 of the law n ° 83-8 of January 7, 1983 relating to the distribution of competences between the communes, the departments, the regions and the State is written as follows:
“These diagrams set the basic guidelines for the development, protection and enhancement of the coastline. “
VIII. – After the third paragraph of the same article of the same law, a paragraph worded as follows is inserted:
“The schemes for the enhancement of the sea are drawn up in accordance with the methods provided for either in Articles L. 122-1 et seq. Of the Town Planning Code, or in this article. “
IX. – The last sentence of the fourth paragraph and the last two paragraphs of the same article of the same law are replaced by five paragraphs as follows:
“The sea development plans drawn up by the State are subject to public inquiry in accordance with the procedures provided for in Articles L. 123-1 et seq. Of the Environment Code and approved by the Prefect. However, these plans are approved by decree of the Council of State in the event of an unfavorable opinion from at least two-thirds of the municipalities concerned representing more than half of the total population of these or at least half of the municipalities concerned representing two-thirds of the total population of these.
“They are subject to review within ten years of their approval.
“In the absence of a plan for the enhancement of the sea or of an individual chapter equivalent to a plan for the enhancement of the sea within the territorial coherence plan, the decisions to create and extend the port are taken by the prefect. on the proposal of the local authority concerned and after the opinion of the regional council (s) concerned.
“The provisions of this article apply to the development plans for the sea which, on the date of publication of Law No. 2005-157 of 23 February 2005 relating to the development of rural areas, did not apply. ‘subject to making available to the public.
“The conditions of application of this article are defined by decree of the Council of State. “
X. – Section I of Article L. 146-4 of the Town Planning Code is supplemented by a paragraph worded as follows:
“The provisions of the first paragraph do not prevent the carrying out of work to bring agricultural holdings up to standard. , provided that animal effluents are not increased. “
XI. – The same article is supplemented by a V thus worded:
“V. – The provisions of II and III do not apply to the banks of the étiers and rus, upstream of a limit located at the mouth and fixed by the administrative authority under conditions defined by a decree in the Council of State. “
XII. – In the second paragraph of Article L. 341-16 of the Environment Code in the version applicable until June 30, 2005 and in the version applicable from July 1, 2005, after the words: “local authorities” , are inserted the words: “and public establishments of inter-municipal cooperation”.
Article 236
Public interest groups endowed with legal personality and financial autonomy may be set up between legal persons governed by public law or between one or more of them and one or more legal persons governed by private law to lead, to the ” at the national, regional or local level, actions in the field of regional planning and economic development, contributing to study, research or training, as well as to the carrying out of specific actions in regional planning, prospecting for foreign investments or development of mountain ranges.
When the State is a member,
In other cases, the convention constituting the grouping is approved by the State representative (s) in the region (s) concerned, who publicize it. The public interest group for planning and development of the territory is subject to the rules of public accounting. The public accountant is the general treasurer-payer of the department of the group’s head office or an accountant appointed by him. The group does not include a government commissioner.
Local development public interest groups are transformed into regional planning and development public interest groups by simple decision of their general assembly before the term set by Law No. 2003-590 of July 2, 2003 urban planning and habitat, subject to compliance with the provisions of this article. This transformation is carried out free of charge and does not give rise to the payment of any compensation, duty, tax, salary or fees.
Article 237
The administrative jurisdiction covers disputes relating to the award or execution, in France, of study or works contracts concluded either with a view to carrying out preliminary or reconnaissance works carried out in application of the Franco-Italian agreement of January 29, 2001, or with a view to building the base tunnel provided for by this agreement and, where applicable, by subsequent international agreements.
Article 238
Ordinance n ° 2004-1198 of 12 November 2004 on various adaptation provisions to Community law in the field of cableway installations carrying people and relating to mountain lifts is ratified.
TITLE VII
SPECIFIC PROVISIONS OVERSEAS
Article 239
I. – Under the conditions provided for in article 38 of the Constitution, the Government, after having obtained the opinion of professional agricultural organizations, is authorized to take by ordinance, within eighteen months from the promulgation of this law, the measures of adaptation to the overseas departments and to Saint-Pierre-et-Miquelon of the provisions of articles 73 and 74, as well as to determine the conditions under which articles 61, 78, 80 , 83 to 86, 87 to 92, 94 and 95 apply to these departments and to this community.
Under the same conditions, the Government is authorized to extend to Mayotte by ordinance, with the necessary adaptations, the provisions of this law.
II. – The draft ordinances are submitted for opinion to the general councils and regional councils concerned.
III. – Bills to ratify these ordinances must be tabled in Parliament no later than six months from their publication.
Article 240
I. – The general tax code is thus modified:
1 ° Article 238 bis HP is thus modified:
A. – The I is repealed;
B. – II is amended as follows:
a) In the first paragraph, the word: “also” is deleted, and the words: “fishing vessels” are replaced by the words: “new fishing vessels”;
b) In the second paragraph (a), after the words: “artisanal fishing companies”, are inserted the words: “or fishing armament companies as defined in II of article 240 of law no. 2005-157 of February 23, 2005 relating to the development of rural territories ”;
c) The fourth to sixth paragraphs are replaced by a paragraph worded as follows:
“By way of derogation from the first paragraph, approved companies may, within the limit of 25% of their paid-up share capital, place or leave their funds in interest-bearing accounts if the corresponding claim is liquid. “;
d) The seventh paragraph is replaced by six paragraphs worded as follows:
“More than half of the shares of the co-ownership must be held for five years by a fisherman or a company mentioned in the second paragraph, alone or jointly with a cooperative shipowner approved by the minister responsible for fisheries in the context of home ownership within a period which may not exceed ten years; in this case, the artisan fisherman or the company must initially hold at least one fifth of the shares of the co-ownership.
“The capital mentioned in article 238 bis HO means the capital of the company at the time of its constitution, the first capital increase occurring within three months of this constitution and the capital increases approved by the Minister in charge of the budget after advice from the minister responsible for fisheries.
“The subscribed shares must be in registered form. During a period of five years from the effective payment of the subscription to the capital of the approved company, a single person may not hold, directly or indirectly, more than 25% of the capital of the company.
“The approved companies must keep, from the start of operation of the boat, for at least five years, the shares of joint ownership of the vessels mentioned in the first to third paragraphs.
“The public limited companies referred to in the first paragraph must conclude an agreement allowing the transfer of ownership, for the benefit of these same craftsmen or companies, of the co-ownership shares of the vessel within a maximum period of ten years.
“In the event of financing of a new vessel, approval is granted on condition that the artisan fisherman or the companies mentioned in the second paragraph undertake to operate this vessel in the overseas departments until the end of a ten-year period counted from the date of granting of the authorization provided for in article 238 bis HO. In the event of transfer of the vessel’s shares during this period, the transferee must resume this commitment. “;
e) The second sentence of the eighth paragraph is deleted;
2 ° The
“II. – In the event of non-compliance with the operating commitment in the overseas departments provided for in the tenth paragraph of II of article 238 bis HP, the companies defined in article 238 bis HO or the owner of the vessel, if the transfer of ownership of the shares of the vessel from the approved company to the benefit of the artisan fisherman or the artisanal fishing or fishing equipment company has already taken place, must pay the Treasury an indemnity corresponding to the amount of public aid in accordance with Article 3 of Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the outermost regions. The amount of this compensation is excluded from deductible charges for the taxable profit base. The constatation, the recovery and litigation of this compensation are exercised and monitored as in the case of direct taxes. “
II. – Fishing armament companies are companies subject to the partnership tax regime, whose purpose is the arming of no more than four fishing vessels operated in the overseas departments and of which 75% of social rights and voting rights are held by the manager (s) who are natural persons of the company or by the fishermen on board. To calculate this holding rate, the shares held by the ascendants, descendants or spouses of the manager of these companies or fishermen are assimilated to those held by the latter.
III. – The provisions of I apply to approvals issued from 2005 onwards.
The provisions of II of article 238 bis HP of the general tax code cease to apply for the financing of new ships as of January 1, 2006.
This law will be executed as State law.
Done in Paris, February 23, 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Minister of National Education,
Higher Education
and Research,
François Fillon
The Minister of the Interior,
Internal Security
and Local Freedoms,
Dominique de Villepin
The Minister of employment, labor
and social cohesion,
Jean-Louis Borloo
The Minister of Solidarity,
Health and Family,
Philippe Douste-Blazy
The Keeper of the Seals, Minister of Justice,
Dominique Perben
The Minister of economy,
finance and industry,
Hervé Gaymard
The Minister of Equipment, Transport,
Regional Planning,
Tourism and the Sea,
Gilles de Robien
The Minister of Public Service
and State Reform,
Renaud Dutreil
The Minister of Agriculture , food,
fishing and rurality,
Dominique Bussereau
The minister of ecology
and sustainable development,
Serge Lepeltier
The minister of culture
and communication,
Renaud Donnedieu de Vabres
The minister of small and medium-sized enterprises ,
trade, crafts,
liberal professions
and consumption,
Christian Jacob
The Minister for Overseas Territories,
Brigitte Girardin
The Minister for Youth, Sports
and Community Life,
Jean-François Lamour
The Secretary of State for Agriculture,
Food, Fisheries
and to rurality,
Nicolas Forissier
(1) Law n ° 2005-157.
– Community directives: Council
Directive 2002/89 / EC of 28 November 2002 amending Directive 2000/29 / EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;
Council Directive 2003/85 / EC of September 29, 2003 establishing Community measures for the control of foot-and-mouth disease, repealing Directive 85/511 / EEC and Decisions 84/531 / EEC and 91/665 / EEC and amending Directive 92 / 46 / EEC;
Directive 2003/99 / EEC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424 / EEC and repealing Council Directive 92/117 / EEC.
– Preparatory work:
National Assembly:
Bill n ° 1058;
Report by MM. Yves Coussain, Francis Saint-Léger and Jean-Claude Lemoine, on behalf of the Committee on Economic Affairs, n ° 1333;
Discussion on January 15, 21 to 23 and 27 to 30, 2004 and adoption on January 30, 2004.
Senate:
Bill, adopted by the National Assembly, n ° 192 (2003-2004);
Report by MM. Jean-Paul Emorine and Ladislas Poniatowski, on behalf of the Committee on Economic Affairs, n ° 251 (2003-2004);
Opinion of Mr. Joël Bourdin, on behalf of the finance committee, n ° 264 (2003-2004);
Opinion of Mr Pierre Martin, on behalf of the Committee on Cultural Affairs, n ° 265 (2003-2004);
Discussion on April 28, May 4 to 6, 12 and 13, 2004 and adoption on May 18, 2004.
National Assembly:
Bill, modified by the Senate, n ° 1614;
Report by MM. Yves Coussain, Jean-Claude Lemoine and Francis Saint-Léger, on behalf of the Committee on Economic Affairs, n ° 1828;
Discussion on October 6, 7 and 12 to 14, 2004 and adoption on October 14, 2004.
Senate:
Bill, adopted with modifications by the National Assembly at second reading, n ° 27 (2004-2005);
Report by MM. Jean-Paul Emorine and Ladislas Poniatowski, on behalf of the committee, n ° 138 (2004-2005);
Discussion on January 18 to 20 and 25 to 27, 2005 and adoption on January 27, 2005.
National Assembly:
Bill, modified by the Senate in second reading, n ° 2047;
Report by MM. Yves Coussain, Jean-Claude Lemoine and Francis Saint-Léger, on behalf of the joint committee, n ° 2057;
Discussion and adoption on February 10, 2005.
Senate:
Report by MM. Jean-Paul Emorine and Ladislas Poniatowski, on behalf of the joint committee, n ° 175 (2004-2005);
Discussion and adoption February 10, 2005
