Order Of 20 February 2004 Heritage Code
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Order Of 20 February 2004 Heritage Code

Decrees, orders, circulars
General texts
Ministry of Culture and Communication

Ordinance n ° 2004-178 of February 20, 2004 relating to the legislative part of the

NOR heritage code : MCCX0300157R


The President of the Republic,

On the report of the Prime Minister and the Minister of Culture and Communication,

Having regard to the Constitution, in particular Articles 38, 74 and 77;

Having regard to the code of criminal procedure;

Having regard to the general code of local authorities;

Having regard to the environmental code;

Having regard to the film industry code;

Considering the law n ° 2003-591 of July 2, 2003 empowering the Government to simplify the law, in particular its articles 33, 35 and 36;

Having regard to the opinions of the Superior Codification Commission dated July 9, 2002 and February 13, 2003;

Considering the opinion of the general council of the territorial collectivity of Saint-Pierre-et-Miquelon dated November 13, 2003;

Having regard to the opinion of the Congress of New Caledonia dated November 14, 2003;

Having regard to the opinion of the Council of Ministers of French Polynesia dated November 19, 2003;

Having regard to the referral to the general council of the local authority of Mayotte on October 7, 2003;

Having regard to the referral to the government of New Caledonia on October 10, 2003;

Having regard to the referral to the Territorial Assembly of French Polynesia on October 3, 2003;

Having regard to the referral to the Territorial Assembly of the Wallis and Futuna Islands on October 13, 2003;

The Council of State heard; Having

heard the Council of Ministers,

Orders:

Article 1


The provisions annexed to this ordinance constitute the legislative part of the heritage code.

Article 2


The provisions of the legislative part of the Heritage Code which cite by reproducing articles from other codes are automatically modified by the effect of subsequent modifications of these articles. The same applies to the provisions of the heritage code which mention, without reproducing them, the provisions of the general tax code.

Article 3


Any reference to provisions repealed by Article 7 of this Ordinance is replaced by references to the corresponding provisions of the Heritage Code.

Article 4


The legislative part of the general code of local authorities is thus amended:

I. – Chapter I of Title II of Book IV of Part One is replaced by the following provisions:


“Chapter I


“Cultural services of local authorities


“Section 1


“Archives


“Art. L. 1421-1. – The general rules relating to the archives of local authorities are set by the provisions of Articles L. 212-6 to L. 212-10 and L. 212-33 of the Heritage Code.

“Art. L. 1421-2. – The rules relating to the deposit of municipal archives are set by the provisions of Articles L. 212-11 to L. 212-14 of the Heritage Code.

“Art. L. 1421-3. – The rules relating to the right of pre-emption over private archives exercised by the State on behalf and at the request of local authorities are set by the provisions of Articles L. 212-34 to L. 212-36 of the Heritage Code. “

II. – Chapter II of Title II of Book IV of Part One is replaced by the following provisions:


“Section 2


“Libraries


“Art. L. 1421-4. – The rules relating to municipal libraries are set by the provisions of Articles L. 310-1 to L. 310-6 of the Heritage Code.

“Art. L. 1421-5. – The rules relating to departmental and regional libraries are set by the provisions of Articles L. 320-1 to L. 320-4 of the Heritage Code.


“Section 3


“Museums


“Art. L. 1421-6. – The rules relating to local authority museums are set by the provisions of Articles L. 410-2 to L. 410-4 of the Heritage Code.


“Section 4


“Archeology


“Art. L. 1421-7. – The rules relating to the archaeological services of local authorities are set by the provisions of Articles L. 522-8 to L. 522-10 of the Heritage Code.


“Section 5


” Historical monuments


“Art. L. 1421-8. – The rules relating to the custody and conservation of movable objects classified as historical monuments of which the local authorities and their public establishments or public utility establishments are owners, agents or custodians are laid down by the provisions of article L 622-9 of the heritage code. “

II. – Chapters II and III of Title II of Book IV of Part One are repealed.

III. – In article L. 1614-10, the words: “under article L. 1422-1” are replaced by the words: “under article L. 310-1 of the heritage code “.

IV. – In article L. 1614-14, the words: “under article L. 1422-7” are replaced by the words: “under article L. 320-2 of the heritage code “And the words:” by virtue of article L. 1422-1 “, are replaced by the words:” by virtue of article L. 310-1 of the heritage code “.

V. – In article L. 2541-1, the words: “, with the exception of those of articles L. 1422-2 and L. 1422-3” are deleted.

VI. – In 26 ° of article L. 2321-2, the reference to “article 25 of the law of 31 December 1913 on historic monuments” is replaced by the reference to “article L. 622-9 of the heritage code ”.

VII. – In the first paragraph of article L. 4421-4, the reference to “article 1 of law n ° 97-179 of February 28, 1997 relating to the instruction of work authorizations in the field of view of buildings classified or registered and in the safeguarded sectors ”, is replaced by the reference to“ article L. 612-1 of the heritage code ”.

VIII. – 1 ° In the first paragraph of II of article L. 4424-7, the reference: “of the law of December 31, 1913 on historic monuments”, is replaced by the reference: “of book VI of the heritage code” ;

2 ° In the third paragraph of II of article L. 4424-7, the references: “of the law of September 27, 1941 regulating archaeological excavations and of the law n ° 2001-44 of January 17, 2001 relating to preventive archeology ”, are replaced by the reference:“ of book V of the heritage code ”and the reference:“ Title I of the aforementioned law of September 27, 1941 ”, is replaced by the reference:“ section 1 of chapter I of Title III of Book V of the Heritage Code ”.

IX. – In the last paragraph of article L. 4433-27, the reference to “law n ° 97-179 of February 28, 1997” is replaced by the reference to “article L. 612-1 of the heritage code “.

Article 5


An article 2-21 written as follows is added after article 2-20 of the code of criminal procedure:

“Art. 2-21. – Any approved association declared for at least three years, with the aim of archaeological study and protection, can exercise the rights recognized to the civil party with regard to the facts repressed by 3 ° and 4 ° of article 322 -2 of the penal code and causing direct or indirect damage to the collective interests that it aims to defend.

“A decree in the Council of State sets the conditions under which the associations mentioned in the preceding paragraph can be approved. “

Article 6


The legislative part of the environment code is thus amended:

I. – An article L. 300-3 is added after article L. 300-2 as follows:

“Art. L. 300-3. – The provisions relating to the Heritage Foundation for its contribution to safeguarding the remarkable elements of natural or landscaped areas threatened with degradation, disappearance or dispersion are set out in article L. 143-2 of the heritage code below. reproduced:

“Art. L. 143-2. – The “Heritage Foundation aims to promote knowledge, conservation and enhancement of national heritage. It is concerned with the identification, preservation and enhancement of unprotected heritage.

“It contributes to the protection of monuments, buildings, furniture sets or remarkable elements of natural or landscaped wrecks threatened with degradation, disappearance or dispersion. It thus contributes to employment, integration, training and the transmission of know-how in the sectors of restoration and promotion of heritage and sites.

“It provides assistance to public or private persons, in particular through subsidies, for the acquisition, maintenance, management and presentation to the public of these goods, whether or not they have been the subject of protective measures. provided for by this code.

“It may also acquire the goods mentioned in the third paragraph when this acquisition is necessary for the safeguard actions that

“It can award a label to unprotected heritage and sites. This label may be taken into account for the granting of the authorization provided for in 1 ° ter of II of article 156 of the general tax code. “

II. – Article L. 350-2 is replaced by the following provisions:

“Art. L. 350-2. – The provisions relating to the protection zones of the architectural, urban and landscape heritage are set out in Articles L. 642-1 and L. 642-2 of the Heritage Code reproduced below:

“Art. L. 642-1. – On a proposal or after agreement by the municipal council of the municipalities concerned, zones for the protection of the architectural, urban and landscape heritage may be established around historical monuments and in the districts, sites and spaces to be protected or enhanced for reasons of aesthetic, historical or cultural order.

“Art. L. 642-2. – Specific architectural and landscape prescriptions are instituted within these zones or parts of zones for the works mentioned in article L. 642-3.

“After public inquiry, opinion of the regional heritage and sites commission set up by article L. 612-1 and agreement of the municipal council of the municipality concerned, the protection zone is created by decree of the representative of the State in the region.

“The competent minister can discuss any protection zone project.

“The provisions of the protection zone are annexed to the local town planning plan, under the conditions provided for in article L. 126-1 of the town planning code. “

III. – In 3 ° of II of article L. 341-19, the words: “of the third paragraph of article 72 of law n ° 83-8 of January 7, 1983 relating to the distribution of powers between the municipalities, departments, regions and the State “are replaced by the words:” of Article L.

IV. – In article L. 653-1, after the words: “the articles”, the words: “L. 300-3,” are added.

Article 7


The following are repealed, subject to the provisions of Articles 8 and 9:

1 ° Article 2-1 of the Film Industry Code;

2 ° Article L. 1752-1 of the general code of local authorities;

3 ° The law of December 31, 1913 on historical monuments;

4 ° The law of July 10, 1914 establishing a National Fund for Historical and Prehistoric Monuments;

5 ° Articles 37 and 38 of the law of December 31, 1921 fixing the general budget for the financial year 1922;

6 ° The law of September 27, 1941 regulating archaeological excavations;

7 ° Law n ° 79-18 of January 3, 1979 on archives;

8 ° Law n ° 80-532 of July 15, 1980 relating to the protection of public collections against malicious acts;

9 ° Articles 70 to 72 of Law n ° 83-8 of January 7, 1983 relating to the distribution of powers between municipalities, departments, regions and the State;

10 ° Article 66 of the law n ° 83-663 of July 22, 1983 supplementing the law n ° 83-8 of January 7, 1983 relating to the distribution of competences between the communes, the departments and the regions;

11 ° The law n ° 85-699 of July 11, 1985 tending to the constitution of audiovisual archives of justice;

12 ° Paragraph 7 of article 49 of law n ° 86-1067 of September 30, 1986 relating to freedom of communication;

13 ° Article 11 of Law No. 87-571 of 23 July 1987 on the development of sponsorship;

14 ° Law n ° 89-874 of December 1, 1989 relating to maritime cultural property;

15 ° Law n ° 89-900 of December 18, 1989 relating to the use of metal detectors, with the exception of the second paragraph of article 7;

16 ° Article 15-II of law n ° 90-615 of July 13, 1990 tending to suppress any racist, anti-Semitic or xenophobic act;

17 ° Articles 4 to 14 of Law No. 92-1477 of December 31, 1992 relating to products subject to certain circulation restrictions and to the complementarity between the police services;

18 ° Law n ° 92-546 of June 20, 1992 relating to legal deposit;

19 ° Law n ° 95-877 of 3 August 1995 transposing Directive 93/7 of 15 March 1993 of the Council of the European Communities relating to the return of cultural property which has illegally left the territory of a Member State;

20 ° Law n ° 96-590 of 2 July 1996 relating to the “Heritage Foundation”;

21 ° Law n ° 97-179 of February 28, 1997 relating to the instruction of work authorizations in the field of view of classified or registered buildings and in protected sectors;

22 ° Law n ° 2001-44 of January 17, 2001 relating to preventive archeology, with the exception of its article 14;

23 ° Law n ° 2002-5 of 4 January 2002 relating to museums in France, with the exception of articles 19 and 30;

24 ° Article 8 of Law No. 2003-517 of June 18, 2003 relating to remuneration for library loans and strengthening the social protection of authors.

Article 8


I. – The repeal of the provisions provided for in 1 °, 3 °, 6 °, 7 °, 11 °, 12 °, 14 °, 18 °, 20 °, 21 °, 22 ° and 23 ° of article 7 will only take effect from the publication of the regulatory provisions of the Heritage Code with regard to the following articles, paragraphs, sentences, words or deadlines:

1 ° Article 2-1 of the film industry code;

2 ° With regard to the law of December 31, 1913 on historic monuments:

a) The eighth and ninth paragraphs of article 1;

b) The third paragraph of article 2;

c) In the fourth paragraph of article 2, the following words: “by order of the regional prefect, or, when registration is proposed by the Higher Commission for Historic Monuments, by order of the Minister responsible for cultural affairs, on an inventory additional. “;

d) The second and third sentences of the fifth paragraph of article 2;

e) The second paragraph of article 3;

f) The fifth paragraph of article 8;

g) The second sentence of the first paragraph of article 9;

h) The fourth paragraph of article 9;

(i) The second sentence of article 13;

j) The time limit mentioned in the third paragraph of article 13 ter;

k) The second sentence of the second paragraph of article 15 in so far as it concerns classification decisions relating to movable objects belonging to the State;

(l) Article 17;

m) The second paragraph of article 22;

n) In the second paragraph of article 24 bis, the following words: “after consultation with a departmental commission for movable objects or the higher commission for historic monuments. “And in the fourth paragraph of the same article, the words:” and in particular the composition and functioning of the departmental commissions of movable objects “;

o) The provisions of the second paragraph of article 26 establishing the composition of an advisory commission;

p) The time limit mentioned in the second paragraph of article 27;

q) The second paragraph of article 37;

3 ° The period mentioned in the third paragraph of article 1 of the law of September 27, 1941 regulating archaeological excavations;

4 ° With regard to law n ° 79-18 of January 3, 1979 on archives:

a) The last two paragraphs of article 25;

b) Article 27 as it concerns its application to State services;

5 ° With regard to the law n ° 85-699 of July 11, 1985 tending to the constitution of audiovisual archives of justice:

a) In the second paragraph of article 3, the following words: “, as well as the opinion of the advisory commission for audiovisual justice archives. »And the last paragraph of the same article;

(b) Articles 4 and 5;

6 ° The seventh paragraph of article 49 of law n ° 86-1067 of September 30, 1986 relating to freedom of communication;

7 ° The third paragraph of article 7 of law n ° 89-874 of December 1, 1989 relating to maritime cultural property;

8 ° With regard to law n ° 92-546 of 20 June 1992 relating to legal deposit:

a) The last sentence of 4 ° of article 3;

b) The first paragraph of article 6 and, in the second paragraph of the same article, the following sentences and words: “He is responsible for ensuring the scientific consistency and the unity of legal deposit procedures. It can give opinions and make recommendations on all questions relating to legal deposit. It is associated with the definition of the terms of exercise of ”;

9 ° The last paragraph of article 6 of law n ° 96-590 of 2 July 1996 relating to the Heritage Foundation;

10 ° Paragraph 1, in the fifth paragraph, the provisions relating to the number of representatives of each of the categories of members of the section and the fifth sentence of the fifth paragraph of article 1 of law n ° 97-179 of 28 February 1997 relating to the examination of certain work authorizations in the field of view of classified or registered buildings and in protected sectors;

11 ° With regard to the law n ° 2001-44 of January 17, 2001 relating to preventive archeology:

a) The fifth paragraph of article 2;

b) The last paragraph of article 3-1;

c) In the fourth paragraph of article 9-2, the provisions relating to the number of representatives of each of the categories of members of the commission responsible for defining the criteria for the award of grants;

12 ° With regard to the law n ° 2002-5 of January 4, 2002 relating to the museums of France:

a) In article 3, the provisions relating to the number of representatives of each of the categories of members of the High Council of Museums of France and paragraph 7;

b) The first paragraph of article 5;

c) The second sentence of the first paragraph of article 7;

(d) Articles 8 and 9;

e) Article 14.

II. – The repeal of provisions provided for in article 7, insofar as these provisions relate to the designation of the competent administrative authority, will only take effect from the publication of the regulatory provisions of the heritage code.

Article 9


Book VII of the legislative part of the Heritage Code as well as this ordinance are applicable to Mayotte, New Caledonia, French Polynesia, the Wallis and Futuna Islands and to the territory of the French Southern and Antarctic Lands, with the exception of the repeals listed in article 7 relating to provisions which come under the jurisdiction of New Caledonia or French Polynesia on the date of publication of this ordinance.

Article 10


The Prime Minister, the Minister of the Interior, Internal Security and Local Freedoms, the Keeper of the Seals, Minister of Justice, the Minister of Ecology and Sustainable Development, the Minister of Culture and Communication and the Minister of Overseas Territories are responsible, each as far as he is concerned, for the application of this ordinance, which will be published in the Official Journal of the French Republic.


Done in Paris, February 20, 2004.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

The Minister of Culture

and Communication,

Jean-Jacques Aillagon

The Minister of the Interior,

Internal Security

and Local Freedoms,

Nicolas Sarkozy

The Keeper of the Seals, Minister of Justice,

Dominique Perben

The Minister of Ecology

and Sustainable Development,

Roselyne Bachelot-Narquin

The Minister of Overseas Territories,

Brigitte Girardin


HERITAGE CODE

Legislative part

Annex to ordinance n ° of February 20, 2004

TABLE OF CONTENTS

Preliminary article

BOOK Ist. – Provisions common

to all cultural heritage


TITLE I. – Protection of cultural property.

Chapter 1. – Regime for the circulation of cultural goods.

Chapter 2. – Restitution of cultural property.

Section 1. – Cultural property located in France and unlawfully removed from the territory of another Member State of the European Community.

Sub-section 1. – Scope.

Sub-section 2. – Administrative procedure.

Sub-section 3. – Conservatory measures.

Sub-section 4. – Legal proceedings.

Section 2. – Cultural property located in the territory of another Member State of the European Community and illegally removed from French territory.

Sub-section 1. – Scope.

Sub-section 2. – Procedure for the return of cultural property.

Sub-section 3. – Conditions for the return of goods.

Section 3. – Miscellaneous provisions.

Chapter 3. – Loans and deposits.

Chapter 4. – Criminal provisions.

TITLE II. – Acquisition of cultural goods.

Chapter 1. – Acquisition of cultural goods presenting the character of national treasure and subject to a refusal of an export certificate.

Chapter 2. – Tax provisions.

Section 1. – Dation in payment.

Section 2. – Donation.

Section 3. – Sponsorship.

Section 4. – Miscellaneous provisions.

Chapter 3. – Preemption of works of art.

TITLE III. – Legal Deposit.

Chapter 1. – Objectives and scope of legal deposit.

Chapter 2. – Modalities and organization of legal deposit.

Chapter 3. – Criminal provisions.

TITLE IV. – Institutions relating to cultural heritage.

Chapter 1. – Center of national monuments.

Chapter 2. – City of architecture and heritage.

Chapter 3. – Heritage Foundation.

Chapter 4. – National Commission for the general inventory of artistic wealth in France.


BOOK II. – Archives


TITLE I. – General system of archives.

Chapter 1. – General provisions.

Chapter 2. – Collection, conservation and protection.

Section 1. – Public Archives.

Sub-section 1. – General provisions.

Sub-section 2. – Archives of local authorities.

Paragraph 1. – General provisions.

Paragraph 2. – Deposit of municipal archives.

Paragraph 3. – Departmental and regional archives and of the territorial collectivity of Corsica.

Section 2. – Private archives.

Sub-section 1. – Classification as historical archives.

Sub-section 2. – Right of reproduction before exportation.

Sub-section 3. – Right of pre-emption.

Chapter 3. – Communication regime.

Chapter 4. – Criminal provisions.

TITLE II. – Audiovisual archives of justice.

Chapter 1. – Constitution.

Chapter 2. – Communication and reproduction.


BOOK III. – Libraries


TITLE I. – Municipal libraries.

TITLE II. – Departmental and regional libraries and the local authority of Corsica.

TITLE III. – Institutions.


BOOK IV. – Museums


TITLE I. – General provisions.

TITLE II. – National museums.

TITLE III. – High Council of Museums of France.

TITLE IV. – Regime of museums in France.

Chapter 1. – Definition and missions.

Chapter 2. – Appellation “Musée de France”.

Section 1. – Conditions for granting and withdrawing the name “Musée de France”.

Section 2. – Criminal provisions.

Section 3. – General provisions related to the name “Musée de France”.

Sub-section 1. – Provisions relating to the reception of the public.

Sub-section 2. – Staff qualifications.

Sub-section 3. – Networks and conventions.

Sub-section 4. – Scientific and technical control.

TITLE V. – Collections of museums in France.

Chapter 1. – Status of collections.

Section 1. – Acquisitions.

Section 2. – Assignment and ownership of collections.

Sub-section 1. – General provisions.

Sub-section 2. – Public collections.

Sub-section 3. – Private collections.

Section 3. – Loans and deposits.

Chapter 2. – Conservation and restoration.


BOOK V. – Archeology


TITLE I. – Definition of archaeological heritage.

TITLE II. – Preventive archeology.

Chapter 1. – Definition.

Chapter 2. – Distribution of powers: State and local authorities.

Section 1. – Role of the State.

Section 2. – Role of local authorities.

Chapter 3. – Implementation of preventive archeology operations.

Chapter 4. – Financing of preventive archeology.

TITLE III. – Scheduled archaeological excavations and fortuitous discoveries.

Chapter 1. – Terrestrial and underwater archeology.

Section 1. – Authorization of excavations by the State.

Section 2. – Execution of excavations by the State.

Section 3. – Fortuitous discoveries.

Section 4. – Objects and remains.

Chapter 2. – Maritime cultural property.

TITLE IV. – Miscellaneous.

Chapter 1. – Regime of ownership of immovable remains.

Chapter 2. – Use of metal detectors.

Chapter 3. – Tax provisions.

Chapter 4. – Criminal provisions.

Section 1. – Provisions relating to terrestrial and underwater archeology.

Section 2. – Provisions relating to maritime cultural property.

Section 3. – Common provisions.


BOOK VI. – Historical monuments,

sites and protected areas


TITLE I. – Institutions.

Chapter 1. – National institutions.

Chapter 2. – Local institutions.

TITLE II. – Historical monuments.

Chapter 1. – Buildings.

Section 1. – Classification of buildings.

Section 2. – Registration on the supplementary inventory of historic monuments.

Section 3. – Provisions relating to buildings neither classified nor registered subject to the legislation on historic monuments.

Section 4. – Miscellaneous provisions.

Chapter 2. – Movable objects.

Section 1. – Classification of movable objects.

Section 2. – Registration on the supplementary inventory of historic monuments.

Chapter 3. – Tax provisions.

Chapter 4. – Criminal provisions.

TITLE III. – Site (s.

TITLE IV. – Protected areas.

Chapter 1. – Sectors safeguarded.

Chapter 2. – Protection zones for the architectural, urban and landscape heritage.

Chapter 3. – Tax provisions.


BOOK VII. – Overseas provisions


TITLE I. – Special provisions for overseas departments.

TITLE II. – Special provisions for Saint-Pierre-et-Miquelon.

TITLE III. – Provisions applicable to Mayotte.

TITLE IV. – Provisions applicable in New Caledonia.

TITLE V. – Provisions applicable in French Polynesia.

TITLE VI. – Provisions applicable in the Wallis and Futuna Islands.

TITLE VII. – Provisions applicable to the territory of the French Southern and Antarctic Territories.

L. 1

Heritage means, within the meaning of this code, all property, immovable or movable, belonging to public or private property, which is of historical, artistic, archaeological, aesthetic, scientific or technical interest.


BOOK I

PROVISIONS COMMON

TO ALL OF THE CULTURAL HERITAGE

TITLE I

PROTECTION OF CULTURAL PROPERTY

Chapter 1

Regime for the movement of cultural property


L. 111-1

Property belonging to public collections and museum collections in France, property classified in application of the provisions relating to historical monuments and archives, as well as other property which is of major interest for the national heritage at point view of history, art or archeology are considered national treasures.

L. 111-2

Temporary or definitive export outside the customs territory of cultural goods, other than national treasures, which are of historical, artistic or archaeological interest and fall into one of the categories defined by decree of the Council of State is subject to obtaining a certificate issued by the administrative authority.

This certificate permanently attests that the property does not have the character of a national treasure. However, for goods whose seniority does not exceed one hundred years, the certificate is issued for a renewable period of twenty years.

The export of cultural goods which have been temporarily imported into the customs territory is not subject to obtaining the certificate provided for in the first paragraph.

By way of exception and subject to the compulsory return of cultural goods to the customs territory, the certificate may not be requested when the temporary export of cultural goods is for the purpose of restoration, expertise or participation in an exhibition.

In this case, temporary exportation is subject to the issuance by the administrative authority of a temporary exit authorization issued under the conditions provided for in Article L. 111-7.

L. 111-3

On the occasion of the exit from the customs territory of a cultural object referred to in article L. 111-2, the certificate or authorization for temporary exit must be presented to any request by customs officials. .

L. 111-4

The certificate can only be refused for cultural goods having the character of national treasure. No compensation is due due to the refusal to issue the certificate.

It is granted to cultural goods lawfully imported into the customs territory for less than fifty years.

If there are serious and consistent presumptions of illegal importation, the administrative authority may require proof of the lawfulness of the importation of the goods and, in the absence of proof, refuse to issue the certificate.

Refusal to issue the certificate can only take place after a reasoned opinion from a committee composed equally of representatives of the State and of qualified personalities and chaired by a member of the Council of State. A Council of State decree fixes the terms of appointment of its members and the conditions of publication of its opinions.

The decision to refuse to issue the certificate is reasoned. It includes, in writing, the statement of the legal and factual considerations which constitute its basis. It is communicated to the commission mentioned in the previous paragraph and published under conditions set by decree of the Council of State.

L. 111-5

The conditions for examining the application and issuing the certificate are set by decree of the Council of State.

The examination of the certificate request may include the obligation to physically present the goods to the competent authorities.

L. 111-6

In the event of refusal of the certificate, any new request for the same item is inadmissible for a period of thirty months from the date of the refusal.

After this period, the refusal to issue the certificate can only be renewed in the case provided for the purchase offer procedure in the sixth paragraph of Article L. 121-1, without prejudice to the possibility of classification of the property. in application of the provisions relating to historical monuments or archives, or of its claim by the State in application of the provisions relating to archaeological excavations or maritime cultural property.

Certificate requests are also inadmissible in the event of an offer to purchase the property by the State under the conditions provided for in Article L. 121-1, until the expiry of the periods provided for in the fifth, sixth and seventh paragraphs of the same article.

L. 111-7

The export of national treasures outside the customs territory may be authorized, on a temporary basis, by the administrative authority, for the purposes of restoration, expertise, participation in a cultural event or deposit in a public collection.

This authorization is issued for a period proportionate to the subject of the request.

When leaving the customs territory of a national treasury mentioned in article L. 111-1, the temporary exit authorization must be presented upon request by customs officials.

As soon as the authorization expires, the owner or holder of the property is required to present it at the request of agents authorized by the State.

A decree in the Council of State fixes the modalities of


Chapter 2

Restitution of cultural property

Section 1


Cultural property located in France and unlawfully removed from the territory of another Member State of the European Community


Sub-section 1

Scope


L. 112-1

For the purposes of this section, cultural property is considered to have been unlawfully removed from the territory of another Member State of the European Community when, in violation of the legislation of that Member State on the protection of national treasures or in violation of Regulation (EEC) No. 3911/92 of December 9, 1992, it left it after December 31, 1992.

L. 112-2

The provisions of this section apply to cultural property which constitutes, by virtue of rules in force in another Member State, national treasures within the meaning of Article 36 now Article 30 of the Treaty establishing the European Community, whether this qualification was given to them before or after leaving the territory of that State.

These goods must also:

1 ° Either belong to one of the categories specified by decree of the Council of State;

2 ° Or be part of:

a) Public collections appearing in the inventories of museums, archives and library conservation funds;

b) Or inventories of ecclesiastical institutions.


Sub-section 2

Administrative procedure


L. 112-3

When it can be presumed that a cultural property located on French territory falls within the scope of articles L. 112-1 and L. 112-2, the administrative authority shall inform the Member State concerned.

L. 112-4

At the precise and detailed request of a Member State, the administrative authority searches for or has searched on French territory a specific cultural property falling within the scope of Articles L. 112-1 and L. 112- 2, as well as the identity of the owner, possessor or holder of the property in question.


Sub-section 3

Protective measures


L. 112-5

Even before the initiation of the action referred to in article L. 112-6 for the return of cultural property to another Member State, the administrative authority may ask the president of the tribunal de grande authority to order any necessary precautionary measure when the material conservation of the property is in question or the property risks being withdrawn from the return procedure in the State of origin.

Conservatory measures are notified to the owner, possessor or holder of the cultural property.

Without being able to obstruct the ordinary means of appeal, the precautionary measures cease to have effect if the legal action defined in the first paragraph of article L. 112-6 has not been brought within one year. from the date on which the Member State became aware of the place where the cultural object is located and of the identity of its possessor or holder, whether following the information provided for in Article L. 112-3 or the communication by the administrative authority of the results of the research carried out in accordance with article L. 112-4.

They also cease to have effect if the requesting Member State, informed in accordance with Article L. 112-3, has not verified the property’s status as national treasury or has not communicated the results of this verification within two months of the notification of the provisional measures.


Sub-section 4

Legal proceedings


L. 112-6

The action for the return of the property is brought by the requesting Member State to the tribunal de grande instance against the person who physically holds the property for his own account or the person who holds it for the account of others. .

It is inadmissible if the exit from the territory of the requesting Member State is no longer unlawful on the date on which the action is brought.

This action is exercised without prejudice to other actions, civil or criminal, available, where applicable, to the Member State concerned and the owner.

L. 112-7

The initiation of the action mentioned in the first paragraph of article L. 112-6, aimed at returning cultural property to the territory of a Member State,

L. 112-8

If it is established that the cultural property falls within the scope of Articles L. 112-1 and L. 112-2, the court shall order that it be returned to the requesting Member State to the purposes of ensuring the return of the property to its territory.

The court grants, taking into account the circumstances of the case, to the possessor in good faith who exercised the required diligence during the acquisition of the property fair compensation intended to repair his damage and which is charged to the Requesting Member State.

In the event of a gift or inheritance, the possessor may not benefit from more favorable rights than those which the person who has transferred the property to him can avail himself.

L. 112-9

The return of the cultural property takes place upon payment, by the requesting Member State, of the compensation fixed by a decision which has become res judicata under Article L. 112-8 as well as the costs incurred, of a on the one hand, by the execution of the decision ordering the return of the property and, on the other hand, by the implementation of the precautionary measures mentioned in article L. 112-5.

In the absence of payment of these sums within three years from the notification of the decision ordering the return, the requesting Member State is deemed to have waived the benefit of this decision.

L. 112-10

The action for the return of cultural property is time-barred at the expiration of a period of one year from the date on which the Member State became aware of the place where this property is located and of the identity of its owner, possessor or holder.

In any case, the action is prescribed within a period of thirty years from the date on which the cultural property illegally left the territory of the requesting Member State. However, the action is prescribed within a period of seventy-five years or remains imprescriptible, if the legislation of the Member State so provides, for goods inventoried in public collections, as well as for goods appearing in the inventories of the authorities. ecclesiastics, when the law of


Section 2


Cultural property located in the territory of another Member State of the European Community and unlawfully removed from French territory


Sub-section 1

Scope


L. 112-11 The

following are considered as cultural property for the application of this section:

1 ° Cultural property which, falling within the categories defined by decree of the Council of State, is:

a) Either classified as historical monuments or historical archives in application of this code;

b) Or considered as national treasures by the State after opinion of the committee provided for in article L. 111-4;

2 ° Cultural property which belongs to a public entity and which:

a) Either appears on the inventories of the collections of museums in France and other museums or organizations which fulfill similar heritage missions, archives or library conservation funds ;

b) Either are classified as historical monuments or historical archives in application of this code;

3 ° Cultural property which, preserved in buildings used for the public exercise of worship or their dependencies, regardless of their owner, or in buildings used by religious communities, are classified as historical monuments or archives or are considered as national treasures by the State after opinion of the commission provided for in article L. 111-4;

4 ° Cultural goods appearing in the inventory of the collections of a museum in France under a non-profit-making private law legal person.

L. 112-12

The provisions of this section are applicable to goods of historical, artistic or archaeological interest which left the national territory after December 31, 1992:

a) Without the temporary exit authorization provided for by the provisions relating to the export of cultural goods has been issued or when the conditions of this authorization have not been respected, in the case of a national treasure;

b) Or without the certificate provided for in Article L. 111-2 or the temporary exit authorization provided for by the provisions of this title having been granted or when the conditions of the temporary exit authorization have not been granted. respected, when it is not a national treasure.


Sub-section 2

Procedure for the return of cultural property


L. 112-13

The administrative authority:

a) Asks other Member States to search their territory for cultural property falling within the scope of Articles L. 112-11 and L. 112-12;

b) Indicate to the Member State which notified it of the presence on its territory of a cultural object presumed to have been illegally removed from French territory if this good falls within the scope of the same articles.

L. 112-14

The action for the return of cultural property to French territory is brought by the State to the competent court of the Member State on whose territory the cultural property is located. This action is exercised without prejudice to other actions, civil or criminal, available to the State and the owner, if applicable.

The introduction of an action for the return of cultural property to the national territory is brought to the attention of the public by the administrative authority. The decision rendered by the court of the Member State seized of this action is also brought to the attention of the public.

L. 112-16

When the return of the cultural property is ordered and compensation is awarded to the possessor, the latter receives it from the State.

L. 112-17

The State becomes depositary of the returned good until it is handed over to its owner after, where applicable, a decision has been taken on the ownership of the good.

The State may designate another depositary.

This property can be exhibited for the duration of the deposit.


Sub-section 3

Conditions for the return of goods


L. 112-18

Cultural property whose return has been ordered reverts as of right to its owner, provided that the latter has complied with the provisions of article L. 112-19.

L. 112-19

When there is no identity between the owner of the property and the compensated possessor, the State asks the owner for reimbursement of the compensation provided for in article L. 112-16 and the costs incurred. by the precautionary measures, by the execution of the decision ordering the restitution and by the deposit mentioned in article L. 112-17. He can grant debt relief.

L. 112-20

Ownership of the cultural property devolves to the State when the owner of the property remains unknown after a period of five years from the date on which the administrative authority informed the public of the decision ordering the return. good.

L. 112-21

When the owner is a public person, the administrative authority may require, before returning the property to him, that the measures necessary for the conservation and security of the property be taken. Failing that, after formal notice not followed by effect within a period fixed by decree in the Council of State, it may decide to place the property in a place offering the necessary guarantees.


Section 3

Miscellaneous provisions


L. 112-22

The customs administration may implement the provisions of articles 60, 61, 63, 65 and 322 bis of the customs code for the application of the provisions of section 1.

L. 112-23

Property cultural property which has been the subject of a return procedure on the territory of a Member State is governed by the legislation of the requesting State.

L. 112-24

The State is authorized to resort to arbitration to implement the procedure for the return of cultural property, provided that the owner, possessor or holder has given his consent.

L. 112-25

A Council of State decree sets the conditions for the application of this chapter.


Chapter 3

loans and deposits


This chapter does not include legislation.


Chapter 4

Criminal provisions


L. 114-1

The fact, for any person, of exporting or attempting to export:

a) Definitely, a cultural object mentioned in section L. 114-1 is punished with two years’ imprisonment and a fine of 450,000 EUR . article L. 111-1;

b) Temporarily, cultural property mentioned in article L. 111-1 without having obtained the authorization provided for in article L. 111-7 or without complying with the conditions set by it;

c) Definitely, cultural property mentioned in article L. 111-2 without having obtained the certificate provided for in the same article;

d) Temporarily, cultural property mentioned in article L. 111-2 without having obtained either the certificate or the temporary exit authorization provided for in the same article.

L. 114-2

Offenses relating to destruction, degradation and deterioration of heritage are punishable by the provisions of articles 322-1 and 322-2 of the penal code reproduced below:

“Art. 322-1. – The destruction, degradation or deterioration of property belonging to others is punishable by two years’ imprisonment and a fine of EUR 30,000, unless this resulted in only slight damage.

“Tracing inscriptions, signs or drawings, without prior authorization, on facades, vehicles, public roads or street furniture is punished with a fine of 3,750 EUR when this only resulted in ‘slight damage. “

“Art. 322-2. – The offense defined in the first paragraph of article 322-1 is punishable by three years’ imprisonment and a fine of EUR 45,000 and that defined in the second paragraph of the same article of a EUR 7,500 fine, when the property destroyed, degraded or deteriorated is:

“1 ° Intended for public utility or decoration and belongs to a public person or charged with a public service mission;

“2 ° A register, a minute or an original act of public authority;

“3 ° A building or a movable object classified or registered, an archaeological discovery made during excavations or fortuitously, a site containing archaeological remains or an object preserved or deposited in the museums of France or in the museums, libraries or archives belonging to to a public person, in charge of a public service or recognized as being of public utility;

“4 ° An object presented during an exhibition of a historical, cultural or scientific nature, organized by a public person, in charge of a public service or recognized as being of public utility.

“In the case provided for by point 3 of this article, the offense is also constituted if its author is the owner of the destroyed, degraded or damaged property. “

L. 114-3

If necessary, access to places or establishments designated in 3 ° and 4 ° of article 322-2 of the penal code may be closed and the exit of users and visitors controlled until the arrival of a police officer. federal police.

L. 114-4

Without prejudice to the application of Articles 16, 20 and 21 of the Code of Criminal Procedure, may be empowered to make any findings for the application of 3 ° and 4 ° of Article 322-2 of penal code and texts having for object the protection of public collections:

a) the officials and agents in charge of the conservation or the surveillance of the objects or documents mentioned in 3 ° and 4 ° of article 322-2 of the penal code;

b) The caretakers of buildings or

These officials, agents and guards must be specially sworn in and commissioned for the purposes mentioned in the preceding paragraphs under conditions set by decree of the Council of State.

L. 114-5

The reports drawn up by the officials, agents and guards designated in article L. 114-4 are handed or sent to the public prosecutor at the court in which the offense was committed. This delivery or sending takes place, on pain of nullity, within four days of the day of the discovery of the infringement.

L. 114-6

The provisions relating to the exercise of the rights granted to the civil party by an approved cultural heritage association are provided for by article 2-21 of the Code of Criminal Procedure reproduced below:

“Art. 2-21. – Any approved association, declared for at least three years and having as its aim the study and protection of the archaeological heritage, can exercise the rights recognized to the civil party with regard to the facts repressed by the 3 ° and 4 ° of the article 322-2 of the penal code and causing direct or indirect damage to the collective interests that it aims to defend.

“A decree in the Council of State fixes the modalities of the approval of the associations mentioned in the preceding paragraph. “


TITLE II

ACQUISITION OF CULTURAL PROPERTY

Chapter 1


Acquisition of cultural property presenting the character of a national treasure and subject to a refusal of an export certificate

L. 121-1

Within the period of thirty months provided for in article L. 111-6, the administrative authority may, in the interest of public collections, make an offer to purchase. This offer takes into account the prices on the international market.

If the owner of the property does not accept the purchase offer within three months, the administrative authority may have an expert appraised to fix the price of the property under the conditions set out in the third and fourth paragraphs.

The administrative authority and the owner of the property appoint, each at their own expense, an expert. In the event of failure, the president of the tribunal de grande instance, deciding in summary proceedings, makes the appointment. These experts submit a joint report within three months of their appointment.

In the event of any discrepancies between these experts, the price of the property is set by an expert appointed jointly by the administrative authority and the owner of the property or, in the absence of agreement, by the president of the tribunal de grande instance ruling in the form of referred. This expert, half of whose remuneration is borne by each of the parties, submits his report within three months of his appointment.

The administrative authority has a period of two months from the submission of the appraisal report fixing the price of the property to send the owner an offer to purchase at appraised value. At the end of this period, in the absence of a purchase offer presented by the State, the certificate mentioned in article L. 111-2 can no longer be refused.

If, within two months of the offer to purchase, the owner refuses it or has not made it known that he accepts it, the refusal to issue the certificate is renewed. No compensation is due in this respect.

If the owner of the property accepts the offer to purchase, payment must be made within six months of the owner’s agreement, on pain of termination of the sale.

In the event of renewal of the refusal to issue the certificate, the offer to purchase and expertise procedure remains applicable.

The administrative authority may also present a purchase offer under the conditions provided for in the first paragraph on behalf of any public entity.

A Council of State decree sets the conditions for the application of this article.

L. 121-2

The purchaser, donee, co-partitioner, heir or legatee of cultural property recognized as a national treasure and not classified under the provisions relating to historic monuments and archives must, within three month following the date of the transfer, partition or declaration of inheritance, notify the State that it has become the owner.

Any owner who alienates a cultural property mentioned in article L. 121-2 is required, on pain of nullity of the sale, to inform the purchaser of the existence of the refusal to issue the certificate, mentioned in article L. 111-4 and, where applicable, the offers to purchase sent under the conditions provided for in Article L. 121-1.

L. 121-4

Any alienation of the property granted by the owner or his successors in title after having accepted a purchase offer sent by the administrative authority under the conditions provided for in Article L. 121-1 is null.

The nullity action is prescribed by six months from the day on which the administrative authority became aware of the sale. It can only be exercised by the administrative authority.


Chapter 2

Tax provisions

Section 1

Dation in payment


L. 122-1

The rules relating to the payment of transfer rights free of charge or the right of sharing through the delivery of works of art, books or collectibles, documents of high artistic or historical value are set out in article 1716 bis of the general tax code.


Section 2

Donation


L. 122-2

Tax rules applicable to donations and bequests of works of art, monuments or objects of a historical nature, books, printed matter or manuscripts, intended to appear in a public collection and granted establishments with legal personality, other than those mentioned in I of article 794 of the general tax code, are set out in 1 ° of article 795 of the general tax code.

L. 122-3

Tax rules applicable to a donation made to the State by the purchaser, donee, heir or legatee of a work of art, books, collectibles or documents of high artistic or historical value are set out in article 1131 of the general tax code.


Section 3

Sponsorship


L. 122-4

The tax rules relating to donations and payments made by individuals for the benefit of works or organizations of a cultural nature are set out in article 200 of the general tax code.

L. 122-5

The tax rules relating to payments made by companies for the benefit of works or organizations of a cultural nature are set out in article 238 bis of the general tax code.

L. 122-6

The tax rules relating to payments made by companies allowing the State to acquire national treasures are laid down in article 238 bis-0 A of the general tax code.

L. 122-7

The tax rules applicable to the purchase by a company of national treasures are set out in article 238 bis-0 AB of the general tax code.

L. 122-8

The tax rules applicable to acquisitions of works by living artists by companies are set out in article 238 bis AB of the general tax code.


Section 4

Miscellaneous provisions


L. 122-9

The rules relating to the tax on the sales of precious metals, jewelry and works of art, collectors’ items and antiques are laid down by articles 150 V bis to 150 V sexies of the general tax code.

L. 122-10

The tax rules applicable to antiques, art or collectibles for the solidarity tax on wealth are set out in article 885-I of the general tax code.


Chapter 3

Preemption of works of art


L. 123-1

The State may exercise, on any public sale of works of art or on any private sale of works of art carried out under the conditions provided for by Article L. 321-9 of Commercial Code, a right of pre-emption by the effect of which it is subrogated to the successful tenderer or the buyer.

The declaration, made by the administrative authority, that it possibly intends to use its right of pre-emption, is formulated, at the end of the sale, in the hands of the public or ministerial officer directing the auctions or of the company. empowered to organize the public sale or the sale by mutual agreement.

The public or ministerial officer responsible for carrying out the public sale of the goods mentioned in the first paragraph or the company authorized to organize such a sale gives notice to the administrative authority at least fifteen days in advance, with all useful information concerning said goods. At the same time, the public or ministerial officer or the company informs the administrative authority of the day, time and place of the sale. Sending a catalog with mention of the purpose of this sending may take the place of notice. The company authorized to proceed with the sale by mutual agreement of the goods mentioned in the first paragraph shall immediately notify the transaction to the administrative authority, with all useful information concerning said goods.

The administrative authority’s decision must be made within fifteen days after the public sale or after notification of the over-the-counter transaction.

L. 123-2

The State can also exercise this right of pre-emption at the request and on behalf of a local authority or of a non-profit-making private law legal person that owns collections assigned to a museum in France.

L. 123-3

The conditions of application of articles L. 123-1 and L. 123-2 are fixed by decree of the Council of State.


TITLE III

LEGAL DEPOSIT

Chapter 1

Objectives and scope of

legal deposit


L. 131-1

Legal deposit is organized in order to allow:

a) The collection and conservation of the documents mentioned in article L. 131-2;

b) The constitution and distribution of national bibliographies;

c) The consultation of the documents mentioned in article L. 131-2, subject to secrets protected by law, under the conditions in accordance with the legislation on intellectual property and compatible with their conservation.

L. 131-2

Printed, graphic, photographic, sound, audiovisual, multimedia documents, whatever their technical production, editing or distribution process, are subject to compulsory deposit, called legal deposit, from when they are made available to the public.

Software packages, databases, expert systems and other artificial intelligence products are subject to the obligation of legal deposit when they are made available to the public by the distribution of a material medium, whatever the nature of this support.


Chapter 2

Modalities and organization of legal deposit


L. 132-1

Legal deposit consists of handing over the document to the depositary body or sending it free of postage, in a limited number of copies.

A Council of State decree fixes:

a) The conditions under which the obligation of legal deposit can be satisfied by other means, in particular by recording broadcasts that are the subject of sound broadcasting or ‘a television broadcast;

b) The terms of application specific to each category of persons mentioned in Article L. 132-2, as well as the conditions under which some of these persons may be exempted from the obligation of legal deposit;

c) Exceptions to the filing obligation for categories of documents whose collection and conservation are not of sufficient interest with regard to the objectives defined in Article L. 131-1;

d) The procedures according to which a selection of documents to be filed can be made when the objectives defined in Article L. 131-1 can be achieved without the collection and conservation of all the documents being necessary.

L. 132-2

The filing obligation mentioned in article L. 131-2 is incumbent on the following persons:

a) Those who edit or import printed, graphic or photographic documents;

b) Those who print the documents mentioned in a above;

c) Those which publish or, in the absence of a publisher, those which produce and those which import software packages, databases, expert systems or other products of artificial intelligence;

(d) Those which publish or, in the absence of a publisher, those which produce or order and those which import phonograms;

(e) Those which produce cinematographic documents and, with regard to imported cinematographic documents, those which distribute them, as well as those which edit and import cinematographic documents fixed on a medium other than photochemical;

f) National program companies, the company mentioned in article 45 of law n ° 86-1067 of September 30, 1986 relating to freedom of communication, persons holding an authorization or a concession relating to a sound or television broadcasting service, persons who have signed an agreement in application of article 34-1 of law n ° 86-1067 of September 30, 1986 relating to freedom of communication as well as the European economic interest grouping responsible for the European cultural channel resulting from the treaty signed on October 2, 1990;

g) People who edit or, in the absence of a publisher, those who produce or order and those who import videograms other than those mentioned in e above and those which are broadcast without being otherwise from commercial exploitation;

h) Those who edit or, in the absence of a publisher, those who produce and those who import multimedia documents.

Within the meaning of this article, importers are deemed to be those who introduce into the national territory documents edited or produced outside this territory.

L. 132-3

The following are responsible for legal deposit, which they manage on behalf of the State, under conditions determined by decree of the Council of State: the National Library of France, the National Center for Cinematography, the National Institute of audiovisual service and the department responsible for legal deposit of the Ministry of the Interior.

This decree may entrust the responsibility of legal deposit to other establishments or public services, national or local, on the condition that they present the statutory guarantees and have the means, in particular scientific, suitable for ensuring compliance with the objectives defined in the Article L. 131-1.

L. 132-4

The consultation of the deposited documents, provided for in article L. 131-1, is done in the double respect of the principles defined by the code of the intellectual property and those inherent in the right, for the researcher, of access on an individual basis. , as part of its research and within the confines of the depository body, to the documents kept.


Chapter 3

Criminal provisions


L. 133-1

The fact, for any person mentioned in article L. 132-2, of voluntarily evading the obligation of legal deposit is punishable by a fine of 75,000 EUR. The criminal court may, after having declared the defendant guilty, postpone the pronouncement of the sentence by ordering him, under penalty if necessary, to comply, within a fixed period, with the prescriptions that it determines and which are intended to make cease the unlawful act and repair the consequences.

In the event that the criminal court attaches a penalty to the postponement, it must provide for the rate and the date from which this penalty will begin to run. The adjournment, which can only take place once,

The judge can order the provisional execution of the injunction decision.

At the referral hearing, which must take place no later than one year from the adjournment decision, the court rules on the penalty and liquidates the fine if necessary. It can, if necessary, eliminate the latter or reduce the amount. The penalty is collected by the Treasury accountant as a criminal fine. It cannot give rise to constraint by body.


TITLE IV

INSTITUTIONS RELATING

TO CULTURAL HERITAGE

Chapter 1

Center of National Monuments


L. 141-1

The National Monuments Center is a national public administrative establishment.

Its mission is to present to the public the national monuments as well as their collections, of which it is responsible, to develop attendance and to promote knowledge of them.

It is administered by a board of directors and headed by a president appointed by decree. The board of directors is made up of representatives of the State, in particular members of the Council of State and of the Court of Auditors, qualified individuals, including local elected officials and elected staff representatives.

The resources of the establishment include in particular the endowments of any public or private person, the product of entrance fees and conference visits to national monuments, the receipts collected on the occasion of exhibitions and artistic and cultural events, income from filming and photography rights, royalties for services rendered, donations and bequests and any other income from the exercise of its activities.

A decree in Council of State determines the conditions of application of this article.


Chapter 2

City of Architecture and Heritage


L. 142-1

The City of Architecture and Heritage is a national public industrial and commercial establishment.

Its mission is to promote knowledge of heritage and architecture, their history and their integration into the territories, as well as the dissemination of architectural creation both in France and abroad. It participates in the promotion of research and the training of public officials and heritage and architecture professionals.

It is administered by a board of directors and headed by a president appointed by decree. The board of directors is made up of representatives of the State, elected representatives of the personnel and qualified personalities appointed by the minister responsible for culture.

A decree in Council of State determines the conditions of application of this article.


Chapter 3

Heritage Foundation


L. 143-1

The “Heritage Foundation” is a non-profit legal entity governed by private law, subject to the rules relating to foundations recognized as being of public utility, subject to the provisions of this chapter.

L. 143-2

The aim of the “Heritage Foundation” is to promote knowledge, conservation and enhancement of the national heritage.

It focuses on the identification, preservation and enhancement of unprotected heritage.

It contributes to the safeguard of monuments, buildings, furniture sets or remarkable elements of natural or landscaped spaces threatened with degradation, disappearance or dispersion. It thus contributes to employment, integration, training and the transmission of know-how in the sectors of restoration and promotion of heritage and sites.

It provides assistance to public or private persons, in particular through grants, for the acquisition, maintenance, management and presentation to the public of these assets, whether or not they have been the subject of planned protection measures. by this code.

It may also acquire the goods mentioned in the third paragraph when this acquisition is necessary for the safeguard actions it implements.

It can award a label to unprotected heritage and sites. This label may be taken into account for the granting of the authorization provided for in 1 ° ter of II of article 156 of the general tax code.

L. 143-3

The “Heritage Foundation” is initially created with contributions the amounts of which appear in the articles of association approved by the decree of the Council of State provided for in article L. 143-11.

These initial contributions may be supplemented by additional contributions, the amounts of which are approved by decree.

The admission of new founders under the conditions provided for by the statutes may be pronounced by a decree indicating the amount of their contributions.

The public or private persons designated in the decrees mentioned above are called founders.

The rights of the founders cannot be transferred or exchanged, except special authorization given in the same forms. In the event of the disappearance of one of them, his rights are distributed among the other founders according to the terms provided for by the articles of association.

Natural or legal persons, public or private, may join the “Heritage Foundation” under the conditions provided for by the statutes, on condition that they pay an annual contribution, the amount of which is determined by the board of directors. This membership gives rise to the right to the advantages provided for by the statutes.

L. 143-4

The founders are liable for the debts of the “Heritage Foundation” within the limit of their contributions.

The creditors of the “Heritage Foundation” can only sue the founders for the payment of its debts after having previously and in vain sued the foundation.

L. 143-5

The property mentioned in the fifth paragraph of article L. 143-2, of which the “Heritage Foundation” is the owner, cannot be seized by its creditors. This provision does not affect the rights of creditors of the previous owner of property when they have been the subject of regular publicity.

L. 143-6

The “Heritage Foundation” is administered by a board of directors, which elects its chairman.

The board of directors is made up of:

a) A representative of each of the founders, having a number of votes determined in proportion to their share in the contributions, within the limit of one third of the total number of votes;

b) A senator, appointed by the president of the Senate, and a deputy, appointed by the president of the National Assembly;

c) Qualified personalities appointed by the State;

d) Representatives of local authorities;

e) Elected representatives of the adherent members of the “Heritage Foundation”.

The representatives of the founders must together have an absolute majority of votes on the board of directors.

The articles of association determine the conditions for the appointment and renewal of the members of the board. They perform their duties free of charge.

L. 143-7

The resources of the “Heritage Foundation” include payments from the founders, income from its property, income from the investment of its funds, contributions, public subsidies, donations and bequests and, generally, all income from its activity.

When it owns units or shares in companies owned or controlled by the founders, the “Heritage Foundation” cannot exercise the voting rights attached to these shares.

L. 143-8

Under the conditions provided for by the code of expropriation for public utility, can be carried out by the State, on request or with the agreement of the “Heritage Foundation”, for the benefit and at the expense of the latter. here, the expropriation procedure provided for by article L. 621-18 and by the provisions of the environment code reproduced in article L. 630-1, as well as the pre-emption procedure provided for by articles L. 123-1 to L. 123-3.

The “Heritage Foundation” manages the property mentioned in the previous paragraph for the purposes and under the conditions defined by a specification. It can sell them by mutual agreement to public or private persons under the conditions provided for in Article L. 621-21.

The provisions of the first paragraph of Article L. 621-22 are applicable to the alienation of classified buildings acquired by the “Heritage Foundation” in application of this article.

L. 143-9

The “Heritage Foundation” may receive, with a view to carrying out a non-profit work of general interest related to its missions, the irrevocable allocation of property, rights or resources that it manages directly without the creation of a new legal person. This assignment can be called a foundation.

L. 143-10

The provisions of the general tax code applicable to foundations recognized as being of public utility are applicable to the “Heritage Foundation”.

L. 143-11

The recognition of public utility of the “Heritage Foundation” is pronounced by the decree of the Council of State which approves its statutes.

The “Heritage Foundation” has legal personality from the date of publication of this decree in the Official Journal. The recognition can be withdrawn, in the same forms, if the foundation does not meet the conditions necessary for the achievement of its object.

L. 143-12

The administrative authority ensures the regularity of the functioning of the “Heritage Foundation”. To this end, it may have any document communicated to it and carry out any useful investigation. Each year, the “Heritage Foundation” sends the administrative authority an activity report to which the annual accounts are attached.

The State appoints one or more government commissioners who attend the meetings of the board of directors of the “Heritage Foundation” in an advisory capacity. They can ask for a second deliberation which cannot be refused. In this case, the board of directors decides by a two-thirds majority.

L. 143-13

The control of the “Heritage Foundation” by the Court of Auditors is provided for in Article L. 111-8-1 of the Code of Financial Jurisdictions reproduced below:

“Art. L. 111-8-1. – The “Heritage Foundation is subject to control by the Court of Auditors.”

L. 143-14

The “Heritage Foundation” alone may use this name.

The fact of violating the provisions of this article is punishable by


Chapter 4

National Commission for the General Inventory

of the Artistic Riches of France


This chapter does not include legislation.


BOOK II

ARCHIVES

TITLE I

GENERAL REGIME OF ARCHIVES

Chapter 1

General provisions


L. 211-1

Archives are all documents, whatever their date, form and material support, produced or received by any natural or legal person and by any public or private service or body in the exercise of their activity.

L. 211-2

The conservation of archives is organized in the public interest both for the needs of the management and the justification of the rights of natural or legal persons, public or private, and for the historical documentation of research.

L. 211-3

Any official or agent responsible for the collection or conservation of archives in application of the provisions of this title is bound by professional secrecy with regard to any document which cannot be legally made available to the public.

L. 211-4

Public archives are:

a) Documents resulting from the activity of the State, local authorities, public establishments and enterprises;

b) Documents resulting from the activity of bodies governed by private law responsible for the management of public services or of a public service mission;

c) The minutes and repertoires of public or ministerial officers.

L. 211-5

Private archives are all the documents defined in article L. 211-1 which do not come within the scope of article L. 211-4.

L. 211-6

The terms of application of this chapter are set by decree of the Council of State.


Chapter 2

Collection, conservation and protection

Section 1

Public archives

Sub-section 1

General provisions


L. 212-1

Public archives, regardless of who owns it, are not subject to limitation.

L. 212-2

The conditions for the conservation of public archives are determined by decree of the Council of State.

This decree determines the cases where the archives administration leaves the care of the conservation of archival documents produced or received by certain administrations or certain bodies to the competent services of these administrations or bodies. It sets the conditions for cooperation between the archives administration and these administrations or organizations.

L. 212-3

At the end of their period of current use by the services, establishments and organizations that produced or received them, the documents mentioned in Article L. 211-4 and other than those mentioned in Article L. 212- 4 are sorted to separate the documents to be kept and the documents of no administrative and historical interest, intended for disposal.

The list of documents intended for elimination as well as the conditions for their elimination are fixed by agreement between the authority which produced or received them and the archives administration.

L. 212-4

When the documents mentioned in Article L. 211-4 contain personal information collected in the context of automated processing governed by Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, these information is subject, at the end of the period provided for in Article 28 of the said law, to a sorting to determine the information intended to be kept and that, of no scientific, statistical or historical interest, intended for be destroyed.

The categories of information intended for destruction as well as the conditions for their destruction are fixed by agreement between the authority which produced or received them and the archives administration.

L. 212-5

When the existence of a ministry, service, establishment or body holding public archives is terminated, these must be, in the absence of a different allocation determined by the act of deletion, paid to the administration of archives.


Sub-section 2

Archives of local authorities

Paragraph 1

General provisions


L. 212-6

Local authorities are the owners of their archives. They themselves ensure its conservation and development. However, the regions and the local authority of Corsica may also entrust the conservation of their archives, by convention, respectively to the archives service of the department where the capital of the region or of the local authority of Corsica is located.

L. 212-7

The local authorities continue to benefit, for the conservation and the development of their archives, from the financial assistance of the State under the conditions in force on January 1, 1986.

L. 212-8.

Departmental archival services are funded by the department. They are required to receive and manage the archives of the decentralized services of the State having their seat in the department. They are required to pay them there. The same applies to other public archives set up in their area as well as archives that the municipalities are required or decide to deposit in the departmental archives. Departmental archives services can also receive private archives.

L. 212-9

By way of derogation from article 41 of law n ° 84-16 of January 11, 1984 on statutory provisions relating to the civil service of the State, scientific and documentation personnel of the State may be made available to the department for exercise their functions in the departmental archives services.

L. 212-10

The conservation and development of archives belonging to local authorities, as well as those managed by departmental archives services in application of articles L. 212-6 and L. 212-8 are ensured in accordance with the applicable legislation in the matter under the scientific and technical control of the State.

A decree in Council of State sets the conditions for the application of this article, and in particular the conditions under which the archival custodians, belonging to the scientific staff of the State, made available to the president of the general or regional council or, in Corsica, the chairman of the executive council, may ensure the scientific and technical control provided for in the previous paragraph.


Paragraph 2

Deposit of municipal archives


L. 212-11

Civil status documents over 150 years old, cadastral plans and registers having ceased to be in service for at least 30 years and other archival documents over 100 years old dated, kept in the archives of municipalities with less than 2,000 inhabitants, must be deposited in the archives of the department, unless an exemption is granted by the prefect at the mayor’s request.

L. 212-12

The documents mentioned in article L. 212-11, kept in the archives of municipalities with 2,000 inhabitants or more, may be deposited by the mayor, after deliberation by the municipal council, in the archives of the department.

This deposit is prescribed ex officio by the prefect, after a formal notice has remained ineffective, when it is established that the preservation of the archives of a municipality is not properly ensured.

L. 212-13

When it comes to documents of unquestionable historical interest and for which it is established that the conditions of their conservation put them in danger, the prefect may give notice to the municipality to take any measures he lists. .

If the municipality does not take these measures, the prefect can prescribe the automatic filing of these documents in the archives of the department, regardless of the size of the municipality and the date of the documents.

L. 212-14

The documents mentioned in Articles L. 212-11 to L. 212-13, filed by the mayor,

The conservation, classification and communication of deposited municipal archival documents are ensured under the conditions provided for the departmental archives themselves.

In the municipal archives deposited in the archives of the department, no disposal is carried out without the authorization of the municipal council.


Paragraph 3

Departmental and regional archives

and of the territorial collectivity of Corsica


This paragraph does not include legislative provisions.


Section 2

Private archives

Sub-section 1

Classification as historical archives


L. 212-15

Private archives which are of public interest for historical reasons may be classified as historical archives, on a proposal from the archives administration, by decision of the administrative authority.

L. 212-16

The classification of documents as historical archives does not imply transfer to the State of the property of the classified documents.

L. 212-17

In the absence of the owner’s consent, the classification of private archives may be declared ex officio by decree issued on the assent of the Council of State.

L. 212-18

The archives administration immediately notifies the owner of the opening of the classification procedure.

From this notification, all the effects of the classification apply automatically.

They cease to apply if a classification decision has not been made within six months of the date on which the owner acknowledges receipt of the notification.

L. 212-19

Classification may give rise to the payment of compensation representing the damage that may result, for the owner, from the automatic classification easement. The request for compensation is produced within six months from the notification of the classification decree. In the absence of an amicable agreement, the compensation is fixed by the courts of the judicial order.

L. 212-20

Archives classified as historical archives are imprescriptible.

L. 212-21

The effects of classification follow the archives, in a few hands that they pass.

L. 212-22

The owners or possessors of classified archives are required, when required, to present them to agents accredited for this purpose under conditions set by decree of the Council of State.

L. 212-23

The owner of classified archives who intends to dispose of them is required to notify his intention to the archives administration.

L. 212-24

Any owner of classified archives who transfers them is required to inform the purchaser of the existence of the classification.

L. 212-25

Unless authorized by the archives administration, classified archives may not be subjected to any operation likely to modify or alter them.

L. 212-26

The declassification of classified archives can be pronounced either at the request of the owner, or at the initiative of the Archives de France management. The downgrading decision is taken in the same forms as the classification decision.

L. 212-27

Any destruction of classified or pending archives is prohibited.

However, when it appears, during the initial inventory of the fund, that certain documents are of no historical interest, they may be deleted under the conditions provided for in the second paragraph of Article L. 212-3, in agreement between the owner of the fund and the archives administration.

L. 212-28

The export of classified archives is prohibited, without prejudice to the provisions relating to temporary export provided for in article L. 111-7.


Sub-section 2

Right of reproduction before export


L. 212-29

The State may make the issuance of the certificate provided for in article L. 111-2 conditional on the total or partial reproduction, at its expense, of the unclassified private archives which are the subject, in application of the same article, of the certificate request.

Reproduction operations may not exceed a period of six months from the said request.


Sub-section 3

Right of pre-emption


L. 212-30

The archives regime in the event of judicial liquidation of a company is set out in Article L. 622-19 of the Commercial Code reproduced below:

“Art. L. 622-19. – Before any sale or destruction of the debtor’s archives, the liquidator informs the administrative authority competent for the conservation of the archives. This authority has a right of pre-emption. “

L. 212-31

Any public or ministerial officer responsible for carrying out the public sale of private archives that may or may not have been the subject of a classification decision under historical archives or any company authorized to organize such a sale, must give notice to the administration of the archives at least fifteen days in advance and accompanies this notice with all useful information on these documents. This notice specifies the time and place of the sale. The sending of a catalog with mention of the purpose of this sending will take the place of notice.

In the event of a judicial sale, if the time limit set in the preceding paragraph cannot be observed, the public or ministerial officer, as soon as he is appointed to proceed with the sale, sends the archives administration the following information. above spelled out.

If it considers it necessary for the protection of the archival heritage, the State exercises, over any private archival document put up for public sale, a right of pre-emption by the effect of which it is subrogated to the purchaser. .

L. 212-33

The State also exercises the right of pre-emption provided for in article L. 212-32 at the request and on behalf of local authorities and foundations recognized as being of public utility. The same right is exercised by the National Library of France on its own behalf.

In the event of competing requests, the administrative authority determines the beneficiary.

L. 212-34

The municipal council can express wishes tending to use by the State, for the benefit of the municipality, of the right of pre-emption established by the law on classified and unclassified archival documents.

He can delegate the exercise of this competence to the mayor under the conditions provided for in article L. 2122-23 of the general code of local authorities.

L. 212-35

The General Council decides on the exercise of the right of pre-emption provided for by the legislation on archives.

L. 212-36

The regional council and the territorial assembly of Corsica or, outside their sessions, their standing committee, decide on the advisability of making play for the benefit of the region or the local authority of Corsica the right of preemption provided for by the archives legislation.

L. 212-37

The terms of application of articles L. 212-1 to L. 212-5, L. 212-15 to L. 212-29 and L. 212-31 to L. 212-33 are laid down by decree in Council of State.


Chapter 3

Communication Regime


L. 213-1

Documents whose communication was free before their deposit in the public archives will continue to be communicated without restriction of any kind to any person who requests them.

The documents mentioned in article 1 of law n ° 78-753 of July 17, 1978 on various measures to improve relations between the administration and the public and various administrative, social and fiscal provisions remain available in the conditions set by this law.

All other public archival documents may be freely consulted after the expiration of a period of thirty years or the special periods provided for in article L. 213-2.

L. 213-2

The period beyond which public archival documents may be freely consulted is increased to:

a) 150 years from the date of birth for documents containing individual information of a medical nature;

b) 120 years from the date of birth for personnel files;

c) One hundred years from the date of the act or the closing of the file for documents relating to cases brought before the courts, including decisions of pardon, for the minutes and directories of notaries as well as for the registers of civil status and registration;

d) One hundred years from the date of the census or survey, for documents containing individual information relating to personal and family life and, in general, to facts and behavior of a private nature, collected within the framework of statistical surveys of public services;

e) Sixty years from the date of the act for documents which contain information calling into question private life or of interest to State security or national defense and the list of which is fixed by decree in the Council of State.

L. 213-3

Subject to the provisions of article 23 of the law of 25 Ventôse year XI, with regard to the minutes of notaries, the archives administration may authorize the consultation of public archival documents before the expiry of the prescribed time limits. in the third paragraph of Article L. 213-1 and in Article L. 213-2.

This consultation is unrestricted, except as expressly provided in the administrative decision authorizing it.

By way of derogation from the provisions of the first paragraph of this article, no authorization may be granted for the purpose of allowing the communication, before the expiry of the legal period of one hundred years, of the information mentioned in d of article L. 213-2.

L. 213-4

Any administration holding public or private archives is required to justify any refusal it opposes to a request for communication of archival documents.

L. 213-5

The provisions of Articles L. 213-1 to L. 213-3, L. 213-6 and L. 213-7 are displayed very clearly in the premises open to the public of the archives administration and the services of local authorities which hold public archives in application of the second paragraph of article L. 212-2.

L. 213-6

When the State and local authorities receive private archives as a gift, bequest, transfer, revocable deposit or donation within the meaning of article 1131 and of I of article 1716 bis of the general tax code , depositary administrations are required to respect the conditions to which the conservation and communication of these archives may be subject at the request of the owners.

L. 213-7

A decree in the Council of State determines the conditions under which the shipments and authentic extracts of archival documents are issued.

This decree fixes the tariff of the rights of forwarding or of authentic extract of the parts preserved in the services of archives of the State, the departments and the communes.

L. 213-8

The terms of application of this chapter are set by decree of the Council of State.


Chapter 4

Criminal provisions


L. 214-1

Any person violating the requirements of article L. 211-3 is liable to the penalties provided for in articles 226-13 and 226-31 of the penal code.

L. 214-2

Without prejudice to the application of articles 314-1 and 432-15 of the penal code, the fact, for any official or agent responsible for the collection or conservation of archives, of violating the conditions of conservation or communication provided for in Article L. 213-6 is punished by a one-year prison sentence and a fine of EUR 15,000 or one of these two penalties.

L. 214-3

Without prejudice to the application of articles 322-2 and 432-15 of the penal code, the fact, for any person, at the time of the termination of his functions, of diverting, even without fraudulent intention, of the public archives of which he is the holder to because of these functions, is punished with a prison sentence of one year and a fine of EUR 3,750 or one of these two penalties.

L. 214-4 The following

is punishable by a fine of 4,500 EUR, which may be increased to double the value of the alienated or destroyed archives:

a) The destruction of private archives classified by their owner in violation of the provisions of the Article L. 212-27;

b) The alienation of private archives classified by their owner in violation of the provisions of Article L. 212-23;

c) The sale of private archives in violation of the provisions of Article L. 212-31.

L. 214-5 The following are

punishable by a fine of EUR 3,750:

a) The alienation of classified archives without informing the purchaser of the existence of the classification under the conditions provided for in article L. 212-24 ;

b) Carrying out, without the administrative authorization provided for in Article L. 212-25, of any operation likely to modify or alter classified archives;

c) Refusal to present classified archives to the agents mentioned in article L. 212-22.


TITLE II

AUDIOVISUAL ARCHIVES OF THE JUSTICE

Chapter 1

Constitution


L. 221-1

Public hearings before administrative or judicial courts may be the subject of an audiovisual or sound recording under the conditions provided for by this title when this recording is of interest for the constitution of archives. history of justice. Subject to the provisions of Article L. 221-4, the registration is complete.

L. 221-2

The competent authority to decide on the recording of the hearing is:

a) For the conflict tribunal, the vice-president;

b) For administrative jurisdictions, the vice-president for the Council of State and, for any other jurisdiction, the president thereof;

c) For the courts of the judicial order, the first president for the Court of Cassation; for the court of appeal and for any other jurisdiction within his jurisdiction, the first president of the court of appeal.

L. 221-3

The decision provided for in article L. 221-2 is taken either ex officio or at the request of one of the parties or their representatives or the public prosecutor. Except in an emergency, any request is presented, on pain of inadmissibility, at the latest eight days before the date fixed for the hearing whose recording is requested.

Before any decision, the competent authority collects the observations of the parties or their representatives, of the presiding judge of the hearing whose registration is envisaged and of the public prosecutor. It sets the time limit within which observations must be presented and the opinion must be provided.

L. 221-4

Recordings are made under conditions that do not affect the smooth running of the proceedings or the free exercise of the rights of the defense. They are made from fixed points.

When the provisions of the first paragraph are not respected, the president of the hearing may, in the exercise of his police power, oppose the recordings or temporarily interrupt them.

L. 221-5

The recordings are sent to the Archives de France administration, responsible for their conservation, by the chairman of the hearings, who reports, if applicable, any incident that occurred during their making.


Chapter 2

Communication and reproduction


L. 222-1

During the twenty years following the end of the trial, full or partial consultation of the audiovisual or sound recording, for historical or scientific purposes, may be authorized by the administrative authority.

At the end of this period, consultation is free. The reproduction or distribution, in whole or in part, of the audiovisual or sound recording is subject to an authorization granted, after any person showing an interest in acting has been enabled to assert his rights, by the chairman of the tribunal de grande instance de Paris or by the judge delegated for this purpose. However, the reproduction or distribution, in whole or in part, of the recording of the hearings of a trial for crimes against humanity may be authorized as soon as this trial has ended by a decision which has become final.

After fifty years, the reproduction and distribution of audiovisual or sound recordings are free.

L. 222-2

Trials whose recording was authorized before July 13, 1990 may be reproduced or broadcast by following the procedure provided for in article L. 222-1.

L. 222-3

A Council of State decree determines the methods of application of articles L. 221-1 to L. 221-5 and of article L. 222-1, in particular with regard to the means of appeals that may be exercised against the decisions provided for in Articles L. 221-2 and L. 222-1.


BOOK III

LIBRARIES

TITLE I

MUNICIPAL LIBRARIES


L. 310-1

Municipal libraries are organized and financed by the municipalities. Their activity is subject to state technical control.

L. 310-2

The public libraries of the municipalities are classified into three categories:

a) 1st category: so-called classified libraries;

b) 2nd category: libraries subject to regular and permanent technical control;

c) 3rd category: libraries which may be subject to inspections prescribed by the higher authority.

L. 310-3

The list of 1st category libraries, said to be classified, and the distribution of other libraries between 2nd and 3rd categories are fixed by decree of the Council of State.

L. 310-4

The classification of a library cannot be modified without prior consultation with the municipality concerned.

L. 310-5

A municipal library with a regional vocation is an establishment which is located on the territory of a municipality of at least 100,000 inhabitants or capital of a region or of a group of municipalities of at least 100,000 inhabitants and which meets in particular the conditions of surface area, size of the fund and diversity of documentary media, aptitude for networking and use of modern means of communication set by decree in the Council of State .

L. 310-6

The provisions of articles L. 310-2 and L. 310-3 are not applicable to the municipalities of the departments of Moselle, Bas-Rhin and Haut-Rhin.


TITLE II


DEPARTMENTAL AND REGIONAL LIBRARIES AND OF THE TERRITORIAL AUTHORITY OF CORSICA

L. 320-1

The rules of organization and operation governing municipal libraries are applicable to the libraries of the departments, regions and the territorial community of Corsica, with the exception of departmental lending libraries.

L. 320-2

The central lending libraries are transferred to the departments. They are called departmental lending libraries.

L. 320-3

The technical activity of departmental lending libraries is subject to State control.

L. 320-4

A decree determines the equipment program for departmental lending libraries which will be executed by the State.


TITLE III

INSTITUTIONS


This title does not include legislative provisions.


BOOK IV

MUSEUMS

TITLE I

GENERAL PROVISIONS


L. 410-1 For

the purposes of this book, any permanent collection made up of goods whose conservation and presentation is of public interest and organized for the knowledge, education and enjoyment of the public is considered to be a museum.

L. 410-2

Museums of regional authorities or their groups are organized and financed by the authority to which they belong.

The museums of local authorities or their groups to which the designation “Musée de France” has been attributed are governed by Articles L. 441-1 et seq. And subject to scientific and technical control by the State under the conditions provided for by the same articles.

L. 410-3

Local authorities continue to benefit, for the conservation and enhancement of their museum collections, from financial assistance from the State under the conditions in force on January 1, 1986.

L. 410-4

Departmental or municipal museums may be with legal personality, at the request of the departments or municipalities which own them, by decree of the Council of State.


TITLE II

NATIONAL MUSEUMS


This title does not include legislative provisions.


TITLE III

HIGH COUNCIL OF MUSEUMS OF FRANCE


L. 430-1

The High Council of Museums of France, placed under the Minister responsible for culture, is made up, in addition to its president:

a) A deputy and a senator appointed by their respective assembly,

and, in number equal:

b) Representatives of the State;

c) Representatives of local authorities;

d) Representatives of the personnel mentioned in Articles L. 442-8 and L. 452-1;

e) Qualified personalities.

The High Council of Museums of France is consulted in the cases provided for in Articles L. 442-1, L. 442-3, L. 451-8 to L. 451-10, L. 452-2 and L. 452-3 .

L. 430-2

The composition and the terms of appointment of the members of the High Council of Museums of France, its operating conditions and the conditions of publication of its opinions are fixed by decree of the Council of State.


TITLE IV

REGIME OF THE MUSEUMS OF FRANCE

Chapter 1

Definition and missions


L. 441-1

The name “Musée de France” may be granted to museums belonging to the State, to another legal person governed by public law or to a non-profit legal person governed by private law.

L. 441-2

The museums of France have the permanent missions of:

a) Preserving, restoring, studying and enriching their collections;

b) Make their collections accessible to the widest possible public;

c) Design and implement education and dissemination actions aimed at ensuring equal access to culture for all;

d) Contribute to the progress of knowledge and research as well as to their dissemination.


Chapter 2

“Musée de France” designation

Section 1

Conditions for granting and withdrawing

the designation “Musée de France”


L. 442-1

The name “Musée de France” is attributed at the request of the legal person (s) who own the collections, by decision of the administrative authority after consulting the High Council of Museums of France.

When the request comes from a private non-profit legal person, the attribution of this designation is subject to the presentation of an inventory of the goods making up the collections, to the justification of the absence of real securities encumbering these property and the presence, in the statutes of the person in question, of a clause providing for the irrevocable allocation of property acquired by donations and bequests or with the assistance of the State or a local authority for presentation to the public , in accordance with article L. 451-10. The decision assigning the name as well as the inventory attached to the application are subject to publicity measures defined by decree of the Council of State.

L. 442-2

As of January 5, 2002, the name “Musée de France” is attributed to national museums, to museums classified in application of the laws and regulations in force prior to that same date and to State museums whose status is set by decree.

L. 442-3

When the conservation and presentation to the public of the collections cease to be of public interest, the designation “Musée de France” may be withdrawn by decision of the administrative authority, after the assent of the High Council of Museums of France.

At the expiration of a period of four years from the decision granting it, the name “Musée de France” is withdrawn at the request of the legal person who owns the collections by the administrative authority. However, when the museum has benefited from financial support from the State or a local authority, the administrative authority can withdraw the name only after the assent of the High Council of Museums of France. The withdrawal of the name takes effect when the legal person who owns the collections has transferred to another museum in France the ownership of the goods that have been the subject of a transfer of ownership in application of articles L. 451-8 to L. 451-10 or acquired with public assistance or after exercise of the right of pre-emption provided for in Articles L.

L. 442-4

In the event that the agreement provided for in article L. 442-10 is not concluded at the expiration of a period of four years after the attribution of the name “Musée de France” , this can be withdrawn under the conditions provided for in the first paragraph of Article L. 442-3.


Section 2

Criminal provisions


L. 442-5

The fact, for the founder or manager, de jure or de facto, of an institution that does not benefit from the name “Musée de France”, to use or allow this name to be used in the interest of this institution is punishable by a fine of EUR 15,000.

Legal persons can be declared criminally responsible for the offense provided for in the previous paragraph under the conditions provided for in articles 121-2 and 131-38 of the penal code.


Section 3

General provisions

relating to the name “Musée de France”

Sub-section 1

Provisions relating to the reception of the public


L. 442-6

Entrance fees to museums in France are set in such a way as to promote access to these museums to the broadest public.

L. 442-7

Each museum in France has a department responsible for welcoming the public, dissemination, animation and cultural mediation. Where appropriate, this service may be common to several museums.


Sub-section 2

Staff qualifications


L. 442-8

The scientific activities of museums in France are carried out under the responsibility of professionals with qualifications defined by decree of the Council of State.

L. 442-9

The public reception, dissemination, animation and cultural mediation actions provided for in article L. 442-7 are carried out by qualified personnel.


Sub-section 3

Networks and conventions


L. 442-10

Agreements concluded between the State and the museums of France whose collections do not belong to the State or to one of its public establishments may specify the conditions for carrying out the missions set out in article L. 441-2 and for the implementation of the provisions of this book.


Sub-section 4

Scientific and technical control


L. 442-11

Museums in France are subject to state scientific and technical control under the conditions provided for in this book.

The State can initiate study and inspection missions in order to verify the conditions under which these museums carry out the missions entrusted to them by law.


TITLE V

COLLECTIONS OF THE MUSEUMS OF FRANCE

Chapter 1

Status of the collections

Section 1

Acquisitions


L. 451-1

Any acquisition, for consideration or free of charge, of property intended to enrich the collections of a museum in France is subject to the opinion of scientific bodies whose composition and operating procedures are determined by decree.


Section 2

Allocation and ownership of collections

Sub-section 1

General provisions


L. 451-2

The collections of museums in France are listed in an inventory. They are proofed every ten years.

L. 451-3

The collections of the museums of France are imprescriptible.

L. 451-4

Any transfer of all or part of a collection of a museum in France made in violation of the provisions of this section is void. Actions for invalidity or claims may be exercised at any time, both by the State and by the legal person who owns the collections.


Sub-section 2

Public collections


L. 451-5

The goods constituting the collections of the museums of France belonging to a public entity form part of their public domain and are, as such, inalienable.

Any decision to downgrade one of these assets can only be taken after the assent of a scientific commission whose composition and operating procedures are set by decree.

L. 451-6

When the owner of the collections of a museum in France not under the jurisdiction of the State or of one of its public establishments sells a declassified good, he notifies the administrative authority of his intention to sell in him indicating the price he is asking for.

The administrative authority has a period of two months to express its will or its refusal to

In the absence of an amicable agreement, the price is fixed by the competent court in matters of expropriation.

In the event of acquisition, the price is settled within six months after notification of the decision to acquire the property at the asking price or after the decision has become final.

In the event of refusal or lack of response within the two-month period set in the second paragraph, the owner recovers the free disposal of the property.

L. 451-7

Assets incorporated into public collections by donations and bequests or, for collections that do not fall under the State, those acquired with State aid cannot be downgraded.

L. 451-8

A public body may transfer, free of charge, the ownership of all or part of its collections to another public body if the latter undertakes to maintain its assignment to a museum in France. The transfer of ownership is approved by decision of the administrative authority, after consultation with the High Council of Museums of France. The provisions of this article are not applicable to property handed over to the State in application of articles 1131 and 1716 bis of the general tax code.

L. 451-9

The goods of the national collections entrusted by the State, in any form whatsoever, to a local authority before October 7, 1910 and kept, on January 5, 2002, in a museum classified or controlled in application of the ordinance n ° 45 -1546 of July 13, 1945 on the provisional organization of fine arts museums and falling within this community become, after verification, the property of the latter and enter the collections of the museum, unless the local authority objects or if the he name “museum of France” is not attributed to this museum.

However, if, on January 5, 2002, the property in question is kept in a museum classified or controlled in application of the aforementioned ordinance n ° 45-1546 of July 13, 1945 under a territorial authority other than that initially designated by the ‘State, the local authority to which the ownership of the property is transferred is appointed after consultation with the High Council of Museums of France.

The provisions of the preceding paragraphs do not apply to property donated or bequeathed to the State.


Subsection 3

Private collections


L. 451-10

Property in the collections of museums in France belonging to non-profit private legal entities acquired by donations and bequests or with the assistance of the State or of a local authority cannot be transferred, as such. free or onerous, only to public persons or to non-profit legal entities governed by private law who have previously undertaken to maintain the allocation of these goods to a museum in France. The transfer can only take place after approval by the administrative authority after consulting the High Council of Museums of France.

The collections mentioned in the previous paragraph are exempt from seizure from the completion of the publicity measures provided for in Article L. 442-1.


Section 3

Loans and deposits


L. 451-11

Museums in France may receive on deposit for the purpose of public exhibition works of art or collection objects belonging to private persons.

The terms of the deposit and its duration, which may not be less than five years, are defined by contract between the museum and the private person under conditions set by decree of the Council of State.


Chapter 2

Conservation and restoration


L. 452-1

Any restoration of property forming part of a collection of a museum in France is preceded by consultation with the scientific authorities provided for in article L. 451-1.

It is carried out by specialists with qualifications or professional experience defined by decree under the responsibility of the professionals mentioned in article L. 442-8.

L. 452-2

When the conservation or security of property forming part of a collection of a museum in France is endangered and the owner of this collection is unwilling or unable to immediately take the measures deemed necessary by the State, The administrative authority may, by reasoned decision, taken after consulting the High Council of Museums of France, give notice to the owner to take all measures to remedy this situation. If the owner refrains from following up on this formal notice, the administrative authority may, under the same conditions, order the necessary protective measures and in particular the temporary transfer of the property to a place offering the required guarantees.

In an emergency, the formal notice and the conservatory measures can be decided without the opinion of the High Council of Museums of France. The latter is informed without delay of the decisions taken.

L. 452-3

When the provisional transfer of an asset to a place offering the guarantees of security and conservation deemed necessary by the State has been decided, the owner of the asset may, at any time, obtain the reinstatement of the asset. this in the Musée de France where it was located, if it justifies, after consulting the High Council of Museums of France, that the conditions imposed have been met.

L. 452-4

The owner and the State contribute to the costs incurred by the implementation of the measures taken under Articles L. 452-2 and L. 452-3, without the State contribution being able to exceed 50% of their amount.


BOOK V

ARCHEOLOGY

TITLE I

DEFINITION OF ARCHAEOLOGICAL HERITAGE


L. 510-1

All the vestiges and other traces of the existence of humanity constitute elements of the archaeological heritage, the preservation and study of which, in particular by excavations or discoveries, allow the development of the history of mankind and its relationship with the natural environment.


TITLE II

PREVENTIVE ARCHEOLOGY

Chapter 1

Definition


L. 521-1

Preventive archeology, which comes under public service missions, is an integral part of archeology. It is governed by the principles applicable to all scientific research. Its purpose is to ensure, on land and under water, within appropriate timeframes, the detection, conservation or safeguarding by scientific study of elements of the archaeological heritage affected or likely to be affected by public works or private sector contributing to the development. It also aims to interpret and disseminate the results obtained.


Chapter 2

Distribution of powers:

State and local authorities

Section 1

Role of the State


L. 522-1

The State sees to the reconciliation of the respective requirements of scientific research, heritage conservation and economic and social development. It prescribes the measures aimed at the detection, conservation or safeguarding by scientific study of the archaeological heritage, designates the scientific manager of any preventive archeology operation and ensures the control and evaluation missions of these operations.

L. 522-2

State prescriptions concerning diagnoses and preventive archaeological excavation operations are justified. Diagnostic prescriptions are issued within one month of receipt of the file. This period is extended to two months when the planned developments, structures or works are subject to an impact study in application of the environmental code. The excavation prescriptions are issued within three months of receipt of the diagnostic report. In the absence of prescriptions within the time limits, the State is deemed to have renounced to enact them.

L. 522-3

State prescriptions may apply to operations not subject to the royalty provided for in article L. 524-2.

When the interest of the remains requires their conservation, the administrative authority notifies the owner of a classification authority for all or part of the land under the conditions provided for by the provisions relating to historic monuments.

L. 522-4

Outside the archaeological zones defined in application of Article L. 522-5, persons who plan to carry out improvements, structures or works can apply to the State to examine whether their project is likely to give rise to prescriptions. of archaeological diagnosis. In the absence of a response within two months or in the event of a negative response, the State is deemed to renounce, for a period of five years, prescribing a diagnosis, unless there is a substantial modification of the project or of the State’s archaeological knowledge on the subject. the territory of the municipality.

If the State has made known the need for a diagnosis, the developer can request that it be carried out in advance by the public establishment established by Article L. 523-1 or a territorial service. In this case, he is liable for the fee provided for in article L. 524-2.

L. 522-5

With the assistance of public establishments carrying out archaeological research activities and local authorities, the State draws up and updates the national archaeological map. This map collects and organizes the available archaeological data for the whole of the national territory.

As part of the establishment of the archaeological map, the State may define areas where development projects affecting the subsoil are presumed to be the subject of archaeological prescriptions prior to their realization.

L. 522-6

The authorities competent to issue work authorizations shall communicate extracts from the national archaeological map and may communicate them to any person who requests them. A decree determines the conditions of communication of these extracts as well as the methods of communication of the archaeological map by the State, subject to the requirements related to the preservation of the archaeological heritage, to any person who requests it.


Section 2

Role of local authorities


L. 522-7

The archaeological services of local authorities are organized and financed by them.

These services are subject to state scientific and technical control.

L. 522-8 In

order to be able to carry out diagnostic operations and preventive archaeological excavations in accordance with the procedures provided for in Articles L. 523-4, L. 523-5 and L. 523-7 to L. 523-10, the services mentioned in article L. 522-7 must have been approved beforehand.

The approval is granted, at the request of the local authority or of the grouping of local authorities to which the service belongs, by the administrative authority. In the absence of a response within three months of receipt of the request from the local authority or the grouping of local authorities, the approval is deemed to have been granted.


Chapter 3

Implementation

of preventive archeology operations


L. 523-1

Subject to the cases provided for in Article L. 523-4, preventive archeology diagnoses are entrusted to a national public administrative establishment which carries them out in accordance with the decisions issued and the prescriptions imposed by the State and under the supervision of its representatives, in application of the provisions of this book.

The public establishment carries out preventive archaeological excavations under the conditions defined in Articles L. 523-8 to L. 523-10.

The public establishment ensures the scientific exploitation of preventive archeology operations and the dissemination of their results. It contributes to education, cultural dissemination and the promotion of archeology.

For the performance of its missions, the public establishment may join forces, by agreement, with other legal persons endowed with archaeological research services.

L. 523-2

The public establishment mentioned in article L. 523-1 is administered by a board of directors. The chairman of the board of directors is appointed by decree.

The board of directors includes, in addition to its chairman, representatives of the State, qualified individuals, representatives of public research and higher education bodies and establishments in the field of archaeological research, representatives of local authorities and public and private persons whose activity is affected by preventive archeology or who work in this field, as well as elected staff representatives. The powers and mode of operation of the public establishment as well as the composition of its board of directors are specified by decree.

The board of directors is assisted by a scientific council.

L. 523-3

Permanent posts in the public establishment are filled by contract agents. The status of the staff of the public establishment is governed by the decree in the Council of State taken in application of article 7 of law n ° 84-16 of January 11, 1984 on statutory provisions relating to the civil service of the State and by a particular decree.

The property, rights and obligations of the association called “Association for National Archaeological Excavations” devolve to the public establishment under conditions set by decree.

L. 523-4

The archaeological services which depend on a local authority or a group of local authorities establish, by decision of the deliberative body of the collectivity or group, under the same conditions as the public establishment, the diagnoses of preventive archeology. relating to:

a) Either a development or works operation carried out on the territory of the local authority or of the grouping of local authorities;

b) Or, for a minimum period of three years, all the development operations or works carried out on the territory of the local authority or group of local authorities.

When its deliberative body has so decided, a local authority or a group of local authorities, endowed with an archaeological service, is competent to carry out the operations mentioned in this article on its territory even though the latter would be included in the jurisdiction. from another local authority also endowed with an archaeological service.

L. 523-5

The carrying out, by a territorial archaeological service, of a diagnosis prescribed on the occasion of work carried out on behalf of another community, another group or the State is subject to the agreement of this community, this group or the State.

L. 523-6

The local authorities may recruit for the needs of their archaeological services, as non-tenured agents, the agents of the public establishment mentioned in article L. 523-1 who benefit from an indefinite contract. The agents thus recruited retain, on their request, the benefit of the stipulations of their previous contract relating to its indefinite duration, to the remuneration they received and to their supplementary retirement and provident plan. They also retain the benefit of the provisions of their previous contract which do not derogate from the legislative and regulatory provisions applicable to non-incumbent civil servants.

L. 523-7

An agreement, concluded between the person planning to carry out the work and the public establishment or the local authority or the group of local authorities on which the territorial archaeological service responsible for establishing the preventive archeology diagnosis depends, defines the completion deadlines. diagnostics and conditions of access to land and supply of materials, equipment and means necessary for carrying out the diagnostics. The deadlines run from the provision of the land under conditions allowing archaeological operations to be carried out. Subject to the provisions of the third paragraph applicable in the event of a time limit attributable to the operator, the agreement determines the consequences for the parties of the time limit being exceeded.

In the absence of an agreement between the parties on the deadlines for carrying out the diagnostics, these deadlines are set, at the request of the most diligent party, by the State.

When, because of the operator, the diagnosis is not completed within the period fixed by the agreement, the diagnosis prescription is deemed to lapse at the expiration of a period fixed by regulation. In this case, the provisions of Articles L. 531-14 to L. 531-16 are applicable to discoveries made on the basis of the operation. The measures useful for their conservation or their safeguard are prescribed in accordance with the provisions of this title.

The conclusions of the diagnosis are transmitted to the person planning to carry out the work and to the owner of the land.

L. 523-8

The carrying out of the preventive archaeological excavations mentioned in article L. 522-1 is the responsibility of the person planning to carry out the work that gave rise to the prescription. For their implementation, this appeals either to the public establishment mentioned in Article L. 523-1, or to a territorial archaeological service, or, as soon as its scientific competence is guaranteed by an accreditation issued. by the State, to any other person governed by public or private law.

When the person planning to carry out the work is a private person, the excavation operator cannot be controlled, directly or indirectly, either by this person or by one of its shareholders.

For a subdivision or a concerted development zone, the public or private person who carries out or has carried out the development project ensures the excavation operations for the entire development project.

L. 523-9

The contract between the person planning to carry out the work and the person responsible for carrying out the excavations fixes, in particular, the price and the time limits for carrying out these excavations as well as the compensation due in the event of exceeding of these deadlines.

The State authorizes the excavations after having checked the conformity of the contract mentioned in the second paragraph with the excavation prescriptions issued in application of article L. 522-2.

The operator carries out the excavations in accordance with the decisions taken and the prescriptions imposed by the State and under the supervision of its representatives, in application of the provisions of this book.

L. 523-10

When no other operator has applied or meets the conditions for carrying out the excavations, the public establishment mentioned in Article L. 523-1 is required to carry out the excavation at the request of the person planning to perform the work. In the event of disagreement between the parties on the conditions for carrying out or on the financing of the excavations, the dispute is settled according to an arbitration procedure organized by decree in the Council of State.

L. 523-11

The conditions for the scientific exploitation of the results of preventive archeology operations are defined by decree of the Council of State.

When preventive archaeological excavation operations are carried out by an operator other than the public establishment mentioned in Article L. 523-1, this operator is required to provide the State and the public establishment with a copy of the excavation report. The author of the report cannot oppose its use by the State, by the public establishment or by legal entities endowed with archaeological research services with which he is associated in application of the fourth paragraph of article L. 523-1 or by research organizations and higher education establishments, for the purposes of scientific study and dissemination to the exclusion of any commercial exploitation. This report

The documentation relating to the operation is given to the State.

L. 523-12

The archaeological material resulting from preventive archeology operations is entrusted, under the control of the State services, to the preventive archeology operator for the time necessary for the drafting of the operation report. This period cannot exceed two years. The provisions of article L. 523-14 are then applied.

L. 523-13

In the event of the excavation operator’s activity ceasing or his authorization withdrawn, the archaeological material resulting from preventive archeology operations and the documentation that he held shall be returned to the public establishment mentioned. to Article L. 523-1, so that it can complete its scientific study.

L.

Ownership of archaeological material resulting from preventive archeology operations is shared equally between the State and the owner of the land.

If, at the end of a period of one year from receipt of the excavation report mentioned in Article L. 523-11, the owner has not expressed a contrary intention, he is deemed to have waived to the ownership of the vestiges which had fallen to him by the partition. The ownership of these remains is then transferred free of charge to the State.

The State can however transfer free of charge the ownership of these remains to the municipality on the territory of which they were discovered, as soon as it requests it and undertakes to ensure their proper conservation.

In the event that the owner has not renounced his right to property, the State may exercise the right of reclamation provided for in article L. 531-16.


Chapter 4

Financing of preventive archeology


L. 524-1

The financing of the public establishment mentioned in article L. 523-1 is ensured in particular:

a) By the preventive archeology fee provided for in article L. 524-2;

b) By subsidies from the State or any other public or private person;

c) By the remuneration he receives in return for the excavation operations he carries out.

L. 524-2

A preventive archeology fee is established due by public or private persons planning to carry out, on land with an area equal to or greater than 3,000 m², works affecting the subsoil which are subject to an authorization or to a prior declaration in application of the town planning code or give rise to an impact study in application of the environmental code or, in the case of other scour work, which is subject to prior administrative declaration according to the terms set by decree of the Council of State. In the event of a fractional construction, the land area to be used is that of the general work program.

L. 524-3

Work relating to rental housing built or improved with the financial assistance of the State in application of 3 ° and 5 ° of article L. 351-2 and articles L. 472-1 and L. 472-1-1 of the Construction and Housing Code, in proportion to the net floor space effectively intended for this use, as well as the construction of housing carried out by a natural person for it- even and scouring made necessary for the performance of agricultural or forestry work.

L. 524-4

The chargeable event for the preventive archeology fee is:

a) For work subject to authorization or prior declaration in application of the Town Planning Code, the issuance of this authorization or non-opposition to the work;

b) For works other than those mentioned in a and giving rise to an impact study, the act which decides, possibly after public inquiry, the implementation of the project and determines its scope;

c) For other scour work, the filing of the prior administrative declaration.

In the event that the developer wishes the diagnosis to be carried out before the issuance of the prior authorization or the non-opposition to the work mentioned in a or before the enactment of the act mentioned in b, the event giving rise to the fee is the filing of the request to perform the diagnosis.

For a subdivision or a concerted development zone, the public or private person who carries out or has the development project carried out is liable, for the entire development project, of the preventive archeology fee. It benefits from the exemptions provided for in Article L. 524-3 for rental accommodation built or improved with the assistance of the State.

L. 524-6

The preventive archeology fee can only be collected once for the same land. It is not due when it has already been the subject of an operation aimed at the detection, conservation or safeguarding by scientific study of the archaeological heritage, carried out under conditions set by decree in Council. of state.

L.

The amount of the preventive archeology fee is equal to 0.32 EUR per square meter. This amount is indexed to the construction cost index.

The area taken into account is, as the case may be:

a) Areas included in the perimeters making up the zone for concerted development zones;

b) The surface area of ​​the land for the operation which is the subject of an authorization or a declaration in application of the town planning code;

c) The floor area of ​​the installations authorized for the installations and works exempted from planning authorization and subject to administrative authorization which must be preceded by an impact study in application of article L. 122-1 of the code of the environment ;

d) The floor area of ​​facilities and structures exempt from planning permission and not subject to administrative authorization which must be preceded by an impact study in application of article L. 122-1 of the code of environment, on the basis of the file sent for possible diagnostic prescription in application of Articles L. 522-1 et seq. of this code;

e) The surface area of ​​the area covered by the request for the detection of the archaeological heritage provided for in the fifth paragraph of Article L. 524-4;

f) The footprint of the construction, when the object of the operation is the construction of an agricultural building.

L. 524-8

In view of the elements transmitted by the competent authority to issue the authorizations or receive the declarations or requests mentioned in Articles L. 524-2 and L. 524-4, the amount of the preventive archeology fee is settled and authorized by the representative of the State in the department or, in the cases provided for by article 255 A of the book of tax procedures, by the mayor when the a of article L. 524-4 is applied and by the representative of the State in the region when b or c or the fifth paragraph of article L. 524-4 are applied.

The representative of the State in the department and the representative of the State in the region may delegate their signature respectively to the departmental director of equipment or to the regional director of cultural affairs territorially competent for all acts necessary for the liquidation or the ordering of the preventive archeology fee. These authorities may subdelegate their signature to their subordinates for these powers.

When it appears that the area declared by the developer in the context of a request made in accordance with the fifth paragraph of Article L. 524-4 is incorrect or inaccurate, the department responsible for the liquidation corrects the declaration and informs it. the taxpayer, before liquidating the royalty. In this case, the procedure provided for in Articles L. 55 et seq. Of the Book of Tax Procedures is applicable.

The issuance of the revenue certificate is prescribed at the end of the fourth year following that of the occurrence of the chargeable event. However, when the administrative authorization is granted for a period exceeding four years, the issuance of the revenue certificate is prescribed at the end of the year following the year of expiry of the administrative authorization.

The preventive archeology fee is paid in a single payment to the accountant of the competent Treasury appointed by decision of the administrative authority. However, when the fee relates to an operation other than those mentioned in a of Article L. 524-4 which is carried out in work phases, the liquidator service splits the issuance of the revenue certificate at the start of the period. each of the stages provided for in the administrative authorization.

L. 524-9

The preventive archeology fee is payable immediately on the date of authorization of the revenue title. The payment deadline is the last day of the month following the date of this payment.

When the deadline for handing over the securities to the accountant is more than three days, the date on which the securities are taken over by the accountant constitutes the starting point for the application of the payment deadline.

When the fee has not been paid by the payment deadline, it is subject to the 10% increase provided for in Article 1761 of the General Tax Code. A reminder letter is sent to the taxpayer.

L. 524-10

The revenue document established by the authorizing officer includes the accounts for the liquidation and distribution of the revenue from the fee and indicates the identity of the third parties jointly and severally liable for the payment of the fee.

The royalty is collected by Treasury accountants under the conditions set out in Title IV of the Book of Tax Procedures. It is guaranteed by the privilege provided for in I of article 1929 of the general tax code. Credit institutions or mutual guarantee companies that are responsible for the completion of the development or works operation, as well as successive developers, whose identity is specified in the contract provided for, are jointly and severally liable for the payment of the fee. in Article L. 523-9.

L. 524-11

After receipt of the fee, the Treasury accountant pays the proceeds to the public establishment mentioned in article L. 523-1 or, in the case mentioned in b of article L. 523-4, to the community. or to the grouping of local authorities after deduction of the assessment and collection costs and after deduction of the percentage of the proceeds of the royalty feeding the National Fund for preventive archeology provided for in article L. 524-14. The repayment takes place at the latest at the end of the month following the month of collection.

However, when the public establishment carries out a prescribed diagnosis during development work carried out on behalf of a local authority or a group of local authorities which, in the case provided for in the fourth paragraph of article L. 523-4, did not agree to the intervention of the archaeological service of the local authority mentioned in b of article L. 523-4, the latter pays the public establishment the amount of the fee of preventive archeology perceived as part of this work.

In the event that a local authority or a group of local authorities provides a full diagnosis in application of a of article L. 523-4, the fee is paid to it by the public establishment, the local authority or the grouping of local authorities which received it.

L. 524-12

The reductions are pronounced by the service which proceeded with the initial settlement of the fee in view of the prior and compliant decisions adopted by the public establishment or the beneficiary community and by the administrative authority.

Discharges are pronounced when the work defined in Article L. 521-1 has not been carried out by the taxpayer and the diagnostic operation has not been initiated.

The deductions and discharges are charged to the securities issued under the conditions set by decree of the Council of State.

When the royalty which is the subject of a reduction or a discharge has been paid by the taxpayer and distributed among the beneficiaries, the accountant collects the income beforehand from these beneficiaries on the basis of their own decisions. When he does not obtain the spontaneous reimbursement, the accountant can proceed by way of compensation with the product of the royalty which he distributes elsewhere.

After having obtained the reimbursement from the initial beneficiaries, the accountant pays the taxpayer listed on the title the amount of the fee except for the assessment and recovery costs.

L. 524-13

The collection of the royalty is prescribed four years after the issue of the title.

The non-value admission of the royalty is pronounced as in the case of direct taxes. When the fee benefits a local authority, the public accountant submits the proposal for admission to write-off to this authority. The local authority can refuse the write-off as soon as it is able to justify to the public accountant the elements allowing the recovery of the debt.

In the absence of a decision, the non-value is automatically admitted after a period of six months following the request made by the public accountant.

L. 524-14

A national fund for preventive archeology is created in the accounts of the public establishment mentioned in article L. 523-1.

The fund’s revenue is made up of a deduction from the proceeds of the preventive archeology fee provided for in article L. 524-2. The share of the royalty income allocated to it may not be less than 30%. It is set each year by decision of the administrative authority.

This fund finances the subsidies granted by the State to persons planning to carry out work which has given rise to the issuance of a preventive archaeological excavation prescription in accordance with the provisions of article L. 522-2. The interventions of this fund aim to facilitate the reconciliation between the preservation of the archaeological heritage and the development of territories, in particular rural ones.

The subsidies are allocated by decision of the administrative authority, in accordance with the criteria defined by a commission comprising a deputy and a senator appointed by their respective assembly and, in equal numbers, representatives of the State, representatives of local authorities, representatives of the persons mentioned in article L. 524-2 and of qualified persons. The commission elects its president from among its members.

Archaeological excavation work induced by the construction of rental housing built or improved with the financial assistance of the State in application of 3 ° and 5 ° of article L. 351-2 and articles L. 472-1 and L. 472-1-1 of the Construction and Housing Code, in proportion to the net floor space effectively intended for this use, as well as the construction of housing carried out by a natural person for himself, including included when these constructions are carried out within the framework of a subdivision or a concerted development zone, are financially supported by the aforementioned fund under conditions fixed by decree of the Council of State.

L. 524-15

Disputes relating to the preventive archeology fee fall under the jurisdiction of the administrative courts. Complaints relating to the basis of the fee are addressed to the liquidator service, those relating to recovery and prosecution are addressed to the competent accountant appointed by the administrative authority. They are presented and examined according to the rules of titles III and IV of the book of tax procedures.

L. 524-16

A decree of the Council of State fixes the terms of application of this title.


TITLE III

SCHEDULED ARCHAEOLOGICAL EXCAVATIONS

AND INCIDENTAL DISCOVERIES

Chapter 1

Terrestrial and underwater archeology

Section 1

Authorization of excavations by the State


L. 531-1

No one may carry out excavations or surveys on land belonging to him or to another person for the purpose of researching monuments or objects that may be of interest to prehistory, history, art or culture. archeology, without having previously obtained authorization.

The authorization request must be addressed to the administrative authority; it indicates the exact location, general scope and approximate duration of the work to be undertaken.

Within the period, fixed by regulation, which follows this request and after opinion of the competent scientific advisory body, the administrative authority grants, if necessary, the authorization to excavate. At the same time, it fixes the prescriptions according to which the research must be carried out.

L. 531-2

When excavations must be carried out on land that does not belong to the author of the authorization request, the latter must attach to his request the written consent of the owner of the land and, if applicable, of any other claimant.

This consent as well as the stipulations of contracts concluded in order to obtain it must take into account the provisions of this section and may not stand in the way of the exercise of the rights it confers on the State. Nor can they be opposed to the State or lead to its questioning in the event of subsequent difficulties between the author of the request for authorization and third parties.

L. 531-3

Excavations must be carried out by the person who requested and obtained the

They are carried out in accordance with the requirements imposed by the authorization decision mentioned in Article L. 531-1 and under the supervision of a representative of the administrative authority.

Any discovery of a real or movable nature must be kept and immediately declared to this representative.

L. 531-4

The administrative authority decides on the final measures to be taken with regard to discoveries of an immovable nature made during excavations. For this purpose, it may open a classification body for these remains in accordance with the provisions of Article L. 621-7.

L. 531-5

The administrative authority may, in the name of the State and in the sole interest of the public collections, claim the items from the excavations authorized under article L. 531-1 under the conditions set out in article L. 531 -16 for the claim of fortuitous discoveries.

L. 531-6

The administrative authority competent for issuing the authorization may pronounce, by decree issued on the assent of the competent scientific advisory body, the withdrawal of the excavation authorization previously granted:

a) If the requirements imposed for the performance of research or for the conservation of discoveries made are not observed;

b) If, because of the importance of these discoveries, the administrative authority considers it necessary to continue carrying out the excavations itself or to acquire the land.

From the day on which the administration notifies its intention to cause the authorization to be withdrawn, the searches must be suspended. They may be resumed under the conditions set by the authorization order if the administrative authority competent to issue the authorization has not pronounced its withdrawal within six months from the notification.

During this period of time, the sites where the excavations were carried out are considered as classified as historical monuments and all the effects of the classification are applicable to them.

L. 531-7

In the event of withdrawal of authorization for failure to comply with the requirements imposed for carrying out the excavations, the author of the research cannot claim any compensation for his eviction or the expenses he incurred.

He may, however, obtain reimbursement of the price of works or installations that may be used for the continuation of the excavations if these are continued by the State.

L. 531-8

If the authorization for excavations is withdrawn to allow the State to continue these under its direction or to acquire the land, the allocation of objects discovered before the suspension of excavations remains governed by the provisions of article L. 531-5.

The author of the research is entitled to full reimbursement of the expenses incurred by him. He may, moreover, obtain as compensation for his eviction a special indemnity, the amount of which is fixed by the competent administrative authority for the issue of the authorization on the proposal of the competent scientific advisory body.


Section 2

Execution of searches by the State


L. 531-9

The State is authorized to proceed ex officio with the execution of excavations or surveys that may be of interest to prehistory, history, art or archeology on land not belonging to it, to the However, with the exception of land adjoining buildings that are built and enclosed by walls or equivalent fences.

In the absence of an amicable agreement with the owner, the execution of the excavations or surveys is declared of public utility by decision of the administrative authority, which authorizes the temporary occupation of the land.

This occupation is ordered by a decision of the administrative authority which determines the extent of the land to be occupied as well as the date and probable duration of the occupation. The duration may be extended, if necessary, by new decrees without in any case being able to exceed five years.

L. 531-10

At the time of the occupation, a contradictory statement of the inventory is made. These must be restored, at the end of the excavations, in the same state, unless the administrative authority continues the classification of the land among the historic monuments or their acquisition.

The temporary occupation for carrying out excavations gives rise, for the damage resulting from the temporary deprivation of use of the land and possibly if the places cannot be restored to their previous state, for the damage caused to the surface of the ground, to compensation. the amount of which is fixed, in the absence of an amicable agreement, in accordance with the provisions of the law of 29 December 1892 relating to damage caused to private property by the execution of public works.

L. 531-11

The archaeological material resulting from the excavations carried out by the State is entrusted to it for the period necessary for its scientific study. At the end of this period, which cannot exceed five years, the ownership of movable discoveries made during excavations is shared between the State and the owner of the land according to the rules of common law. The State can always exercise the right of reclamation provided for in Articles L. 531-5 and L. 531-16 on lost property.

L. 531-12

Buildings that may be expropriated include those whose acquisition is necessary either to gain access to buildings subject to the main expropriation, or to isolate or clear monuments or remains discovered during excavations.

L. 531-13

From the day on which the administrative authority notifies the owner of a building of its intention to continue expropriating it, this building is considered to be classified as a historical monument and all the effects of the classification apply to it as of right. These cease to apply if the declaration of public utility does not intervene within six months of the notification.

After the declaration of public utility, the building can be classified without formalities by decision of the administrative authority.

In determining the eviction indemnity due to the owner, the value of monuments or objects which may subsequently be discovered in the expropriated buildings will not be taken into account.


Section 3

Fortuitous discoveries


L. 531-14

When, as a result of work or any event whatsoever, monuments, ruins, substructures, mosaics, elements of ancient pipes, remains of old habitation or burial, inscriptions or generally objects that may be of interest prehistory, history, art, archeology or numismatics are brought to light, the inventor of these remains or objects and the owner of the building where they were discovered are required to declare them immediately to the mayor of the municipality, who must send it without delay to the prefect. The latter notifies the administrative authority competent in archeology.

If found objects have been placed in the custody of a third party, the latter must make the same declaration.

The owner of the building is responsible for the provisional conservation of monuments, substructures or vestiges of immovable character discovered on his land. The custodian of the objects assumes the same responsibility for them.

The administrative authority can show the places where the discoveries were made as well as the premises where the objects were deposited and prescribe all the useful measures for their conservation.

L. 531-15

If the continuation of research presents from the point of view of prehistory, history, art or archeology a public interest, the excavations can be continued only by the State or after State authorization, under the conditions provided for in this chapter.

As a provisional measure, the administrative authority may order the suspension of searches for a period of six months from the date of notification.

During this time, the lands where the discoveries were made are considered as classified and all the effects of the classification are applicable to them.

L. 531-16

The administrative authority decides on the final measures to be taken with regard to discoveries of a real estate character made accidentally. For this purpose, it may open a classification body for these remains in accordance with the legislation on historic monuments.

Discoveries of a movable nature made fortuitously are entrusted to the State for the period necessary for their scientific study. At the end of this period, which cannot exceed five years, their ownership remains regulated by article 716 of the Civil Code. However, the State can claim these discoveries for an indemnity fixed amicably or according to experts. The amount of the compensation is divided between the inventor and the owner, according to the rules of common law, the expertise costs being charged to it.

Within two months of setting the value of the object, the State may renounce the purchase. In this case, the costs of the expertise remain liable.


Section 4

Objects and remains


L. 531-17

The right of reclamation provided for by articles L. 531-5, L. 531-11 and L. 531-16 cannot be exercised with regard to discoveries of a movable nature consisting of coins or coins. objects of precious metal without an artistic character.

L. 531-18

From the day of their discovery and until their final attribution, all objects giving rise to sharing are considered as provisionally classified among historical monuments and all the effects of classification apply to them as of right.

L. 531-19

The terms of application of this chapter are set by decree of the Council of State.


Chapter 2

Maritime cultural property


L. 532-1

Maritime cultural property means deposits, wrecks, remains or generally any property which, of prehistoric, archaeological or historical interest, is located in the maritime public domain or at the bottom of the sea in the contiguous zone.

L. 532-2

Maritime cultural property located in the public maritime domain, the owner of which is not likely to be traced, belongs to the State.

Those whose owner could not be found, at the expiration of a period of three years following the date on which their discovery was made public, belong to the State. The conditions of this publicity are fixed by decree of the Council of State.

L. 532-3

Anyone who discovers maritime cultural property is required to leave it in place and not to damage it.

It must, within forty-eight hours of discovery or arrival at the first port, make a declaration to the administrative authority.

L. 532-4

Anyone who has fortuitously removed maritime cultural property from the maritime public domain as a result of works or any other public or private activity must not part with it. This asset must be declared to the administrative authority within the time limit set by article L. 532-3. It must be deposited with the latter within the same time limit or kept at its disposal.

L. 532-5

In the event of successive declarants, the benefit of the discovery is recognized to the first of them.

L. 532-6

Anyone who has discovered and declared maritime cultural property whose ownership is attributed to the State in application of Article L. 532-2 may benefit from a reward, the nature or amount of which is determined by the administrative authority. .

L. 532-7

No one may carry out surveys using specialized equipment making it possible to establish the location of a maritime cultural property, or carry out excavations or soundings without having obtained prior authorization. administrative issued according to the qualification of the applicant as well as the nature and methods of the research.

Any movement of a good or any withdrawal from it is subject, under the same conditions, to the prior obtaining of an administrative authorization.

Excavations, surveys, prospecting, movements and samples must be carried out under the effective direction of the person who requested and obtained the authorization mentioned in article L. 532-7.

L. 532-9

When the owner of a maritime cultural property is known, his written consent must be obtained before any intervention on this property.

L. 532-10

When the conservation of maritime cultural property is compromised, the administrative authority, after having given notice to the owner, if he is known, may automatically take the precautionary measures required by this situation.

L. 532-11

The administrative authority may, after having enabled the owner to present his observations, declare of public utility the acquisition by the State of maritime cultural property situated in the maritime public domain. In the absence of the owner’s agreement, the public utility is declared by decree in the Council of State.

The transfer of ownership is pronounced by the common law courts in return for compensation paid prior to taking possession. This compensation must cover all direct, material and certain damage. In the absence of an amicable agreement, the compensation is fixed by the court.

L. 532-12

Articles L. 532-3 to L. 532-5 and L. 532-7 to L. 532-9 are applicable to maritime cultural property located in a contiguous zone between twelve and twenty-four nautical miles measured from the lines base of the territorial sea, subject to delimitation agreements with neighboring States.

L. 532-13

Anyone who has discovered and declared maritime cultural property belonging to the State and located in the contiguous zone will be able to benefit from a reward, the amount of which is fixed by the administrative authority.

L. 532-14

A decree of the Council of State sets the conditions for the application of this chapter.


TITLE IV

MISCELLANEOUS PROVISIONS

Chapter 1 Property

regime for immovable remains


L. 541-1

The provisions of Article 552 of the Civil Code relating to the rights of the landowner are not applicable to immovable archaeological remains.

The State pays the owner of the land where the vestige is located an indemnity intended to compensate for the damage which may be caused to him to gain access to said vestige. In the absence of an amicable agreement, the action for compensation is brought before the judicial judge.

When the vestige is discovered by chance and gives rise to exploitation, the person who ensures this exploitation pays the inventor a lump sum compensation or, failing this, interests the latter in the result of the exploitation of the vestige. The fixed indemnity and profit-sharing are calculated in relation to the archaeological interest of the discovery and within limits and according to methods fixed by decree of the Council of State.

L. 541-2

The terms of application of this chapter are set by decree of the Council of State.


Chapter 2

Using Metal Detectors


L. 542-1

No one may use equipment allowing the detection of metallic objects, for the purpose of researching monuments and objects that may be of interest to prehistory, history, art or archeology, without having , beforehand, obtained an administrative authorization issued according to the qualification of the applicant as well as the nature and the methods of the research.

L. 542-2

All advertising or instructions for use concerning metal detectors must include a reminder of the prohibition mentioned in article L. 542-1, the penal sanctions incurred as well as the reasons for this regulation.

L. 542-3

A Council of State decree sets the conditions for the application of this chapter.


Chapter 3

Tax provisions


L. 543-1

The tax rules applicable to expenses incurred during preliminary archaeological studies or archaeological operations are set out in article 236 ter of the general tax code.


Chapter 4

Penal provisions

Section 1

Provisions relating to

terrestrial and underwater archeology


L. 544-1

Is punished by a fine of 7,500 EUR the fact, for any person, of carrying out, on land belonging to him or belonging to others, excavations or surveys for the purpose of searches for monuments or monuments. object which may be of interest to prehistory, history, art or archeology:

a) Without having obtained the authorization provided for in Articles L. 531-1 or L. 531-15;

b) Without complying with the requirements of this authorization;

c) Despite the withdrawal of the excavation authorization in application of the provisions of article L. 531-6.

L. 544-2

The failure to carry out excavations or surveys himself, in violation of article L. 531-3, is punishable by a fine of 7,500 EUR. or to infringe the obligation of declaration and conservation provided for in this same article.

L. 544-3

Any person violating the reporting obligation provided for in article L. 531-14 or making a false declaration is punishable by a fine of EUR 3,750.

L. 544-4

The fact, for any person, of alienating or acquiring any object discovered in violation of Articles L. 531-1, L. 531-6 and L. 531-15 or concealed in violation of Articles L. 531-3 and L. 531-14 is punished by imprisonment for two years and a fine of EUR 4,500. The amount of the fine may be increased to double the price of the sale of the property.

The court may also order the dissemination of its decision under the conditions provided for by article 131-35 of the penal code.


Section 2

Provisions relating to maritime cultural property


L. 544-5

Any person violating the reporting obligations provided for in the second paragraph of Article L. 532-3 or in Article L. 532-4 is punishable by a fine of 3 750 EUR.

The same penalty shall apply to any person having made a false declaration to the public authority as to the location and composition of the deposit on which the declared object was discovered.

L. 544-6

The fact, for any person, of having carried out surveys, soundings, samples or excavations on maritime cultural goods or of having moved or removed these goods from them. ci in breach of the provisions of the first paragraph of article L. 532-3 or articles L. 532-7 and L. 532-8 is punished by

L. 544-7

The fact, for any person, of alienating or acquiring maritime cultural property removed from the maritime public domain or from the seabed in the contiguous zone in violation of the provisions of Articles L. 532-3, L. 532-4, L. 532-7 and L. 532-8 is punishable by imprisonment for two years and a fine of EUR 4,500. The amount of the fine can be increased to double the price of the sale of the property.

The court may also order the dissemination of its decision under the conditions provided for by article 131-35 of the penal code.

L. 544-8

The offenses mentioned in this section are investigated and noted by judicial police officers and agents, assistant judicial police officers, maritime affairs administrators, maritime affairs inspectors, officers of the technical and administrative body of maritime affairs, on-board assistance and surveillance personnel for maritime affairs, customs officers, agents of the minister responsible for culture specially sworn in and commissioned for this purpose under conditions set by decree in the Council of State, commanders, commanders in second or second-in-command of the ships of the navy, the controllers of maritime affairs, the technicians of the control of the fishing establishments, the semaphore lookouts, the trustees of the seafarers and,in addition, in ports, port officers and deputy port officers.

L. 544-9

The reports drawn up by the enforcement officers designated in article L. 544-8 are authentic until proven otherwise. They are transmitted without delay to the public prosecutor.

L. 544-10

The offenses mentioned in this section committed in the territorial sea or in the contiguous zone are judged either by the competent court of the place of the offense, or by that of the residence of the offender. , either by that of the latter’s place of arrest, or, failing that, by the Paris tribunal de grande instance.

L. 544-11

A decree of the Council of State sets the conditions for the application of this section.


Section 3

Common provisions


L. 544-12

Any infringement of the provisions of Articles L. 542-1 and L. 542-2 and of the texts adopted for their application is noted by the officers, judicial police officers and assistant judicial police officers, as well as by the officials, agents and guards mentioned in article L. 114-4.

L. 544-13

The reports drawn up by the various persons designated in article L. 544-12 are authentic until proven otherwise and are delivered or sent without delay to the public prosecutor at the court in whose jurisdiction the offense has been committed.


BOOK VI

HISTORICAL MONUMENTS,

SITES AND PROTECTED AREAS

TITLE I

INSTITUTIONS

Chapter 1

National institutions


L. 611-1

The Higher Commission for Historical Monuments decides in particular in the cases provided for in Articles L. 621-2, L. 621-5, L. 621-6, L. 621-12, L. 622-3 and L. 622-4.

Placed with the Minister in charge of culture, it includes persons holding a national or local elective mandate, State representatives and qualified personalities.

A decree in the Council of State determines the composition and the operating methods of the commission.


Chapter 2

Local institutions


L. 612-1

The regional heritage and sites commission, placed with the representative of the State in the region, is competent in particular in the case provided for in article L. 642-2.

It includes personalities holding a national or local elective mandate, representatives of the State and qualified personalities.

Its composition, powers and mode of operation are specified by decree of the Council of State.

A section of the regional heritage and sites commission is set up to examine the appeals provided for in Articles L. 621-31, L. 641-1 and L. 642-3.

It is chaired by the regional prefect or his representative. It also includes representatives of the State, persons holding an elective mandate and qualified personalities appointed by order of the regional prefect.

The holders of an elective mandate are two members elected by each general council within it and a mayor appointed by each president of the departmental association of mayors. They only sit on the occasion of the examination of cases concerning the department from which they come.

A Council of State decree determines the conditions for appointing its members and its operating procedures.

L. 612-2

A committee, placed with the prefect, is competent in the case provided for in article L. 622-10 in matters of

It includes representatives of the State, holders of a local elective mandate and qualified personalities.

Its composition and mode of operation are specified by decree of the Council of State.

L. 612-3

The rules relating to the advice of Corsican sites are set out in article L. 4421-4 of the general code of local authorities reproduced below:

“Art. L. 4421-4. – The Corsican sites council exercises in Corsica the powers devolved to the regional heritage and sites commission provided for in article L. 612-1 of the heritage code, to the specialized commission for new tourist units provided for in article 7 of the law n ° 85-30 of January 9, 1985 relating to the development and the protection of the mountain and to the departmental commission of the sites, perspectives and landscapes envisaged by the article L. 341-16 of the code of the environment .

“The composition of the Corsican sites council, which includes members appointed half by the representative of the State and half by the president of the executive council, is set by decree in the Council of State.

“The council is co-chaired by the representative of the State and the president of the executive council of Corsica when he sits in the formation of a regional commission for heritage and sites. “


TITLE II

HISTORICAL MONUMENTS

Chapter 1

Buildings

Section 1

Classification of buildings


L. 621-1

Buildings whose conservation is of public interest from a historical or artistic point of view are classified as historical monuments in whole or in part by the administrative authorities.

The following are included among the buildings likely to be classified as historical monuments:

a) Megalithic monuments, land which contains stations or prehistoric sites;

b) Buildings whose classification is necessary to isolate, clear or clean up a building classified as historical monuments or proposed for classification;

c) In general, bare or built buildings located in the field of vision of a building classified as historical monuments or proposed for classification.

L. 621-2

Any other building, bare or built, visible from the first or visible at the same time, is considered, for the application of this title, to be located in the field of vision of a listed building or proposed for classification. than him and located within a perimeter not exceeding 500 meters. Exceptionally, this perimeter can be extended to more than 500 meters. A decree in the Council of State, taken after the opinion of the Higher Commission for Historic Monuments, will determine the monuments to which this extension applies and will delimit the protection perimeter specific to each of them.

During the development or revision of a local urban plan, the perimeter of 500 meters mentioned in the fifth paragraph may, on a proposal from the architect of the Buildings of France and after agreement of the municipality, be modified in a manner to designate groups of buildings and spaces which participate in the environment of the monument in order to preserve its character or help improve its quality. The perimeter is subject to public inquiry in conjunction with the local urban plan. It is annexed to the local town planning plan under the conditions provided for in article L. 126-1 of the town planning code.

L. 621-3 The

following are also classified and subject to the provisions of this title:

a) Buildings appearing on the list published in the Official Journal of April 18, 1914;

b) Buildings that have been the subject of orders or classification decrees, in accordance with the provisions of the law of March 30, 1887.

L. 621-4

Buildings belonging to the State or to a public establishment of the State is classified as historical monuments by decision of the administrative authority.

L. 621-5

The building belonging to a local authority or to one of its public establishments is classified as historical monuments by decision of the administrative authority, if there is consent of the owner.

In the event of disagreement, the classification is pronounced by decree in the Council of State, taken after advice from the Higher Commission for Historical Monuments.

L. 621-6

The building belonging to any person other than those listed in articles L. 621-4 and L. 621-5 is classified as historical monuments by decision of the administrative authority, if there is consent of the owner. The decision determines the conditions of the classification.

In the absence of the owner’s consent, the classification is pronounced by decree in the Council of State, taken after the opinion of the Higher Commission for Historical Monuments, which determines the conditions for classification and in particular the ensuing easements and obligations.

The automatic classification may give the right to compensation for the benefit of the owner if it results from the easements and obligations in question, a modification to the condition or use of the premises determining direct, material and certain damage. . The request for compensation must be produced within six months of the notification of the classification decree. In the absence of an amicable agreement, the compensation is fixed by the expropriation judge.

The Prime Minister may not proceed with the classification ex officio under the conditions thus fixed. He must then, within three months of notification of the judgment, either revoke the classification decree or continue with the expropriation of the building.

L. 621-7

From the day on which the administrative authority notifies the owner of a classification authority for historical monuments, all the effects of the classification automatically apply to the building concerned. They cease to apply if the classification decision is not made within twelve months of this notification.

L. 621-8

The total or partial decommissioning of a listed building is pronounced by decree in the Council of State, either on the proposal of the administrative authority, or at the request of the owner.

L. 621-9

The building classified as historical monuments may not be destroyed or moved, even in part, nor be the subject of any restoration, repair or modification work, if the

The work authorized in application of the first paragraph is carried out under the supervision of the administrative authority.

L. 621-10

The rules applicable to work exempted from a building permit on a building classified as historical monuments are set out in the first paragraph of article L. 422-1, in the first paragraph of article L. 422- 2 and the second and third paragraphs of Article L. 422-4 of the Town Planning Code reproduced below:

“Art. L. 422-1, paragraph 1. – Are exempt from the building permit the constructions or works covered by national defense secrecy, the technical devices necessary for the digital radiocommunication systems of the national police and gendarmerie, renovation works, works on classified buildings. The same applies to work relating to the reconstruction of penitentiary establishments after a mutiny or work carried out inside the walls of these establishments requiring secrecy for security reasons. “

“Art. L. 422-2, paragraph 1. – The constructions or works exempted from the building permit, with the exception of those covered by the secrecy of national defense and those, referred to in the first paragraph of article L. 422-1, meeting the needs of the services of the ministry of the interior or penitentiary establishments, are the subject of a declaration to the mayor of the municipality before the beginning of the works. “

” Art. L. 422-4, paragraphs 2 and 3. – For listed buildings, the declaration provided for in article L. 422-2 does not take the place of the authorization request mentioned in article L. 621-9 of heritage code.

“The provisions of Article L. 422-3 are not applicable to listed buildings. “

L. 621-11

The administrative authority can always carry out by its administration and at the expense of the State, with the possible assistance of the interested parties, the repair or maintenance works which are considered essential for the conservation of the monuments classified under the historical monuments not belonging to the State.

L. 621-12

Independently of the provisions of article L. 621-11, when the conservation of a building classified as historical monuments is seriously compromised by the failure to carry out repair or maintenance work, the administrative authority may, after notice of the Higher Commission for Historic Monuments, give notice to the owner to have the said work carried out, indicating the time limit within which they must be undertaken and the part of the expenditure to be borne by the State, which may not be less at 50%. The formal notice will specify the terms of payment by the State.

The formal notice is notified to the owner. If the latter contests the merits, the administrative court rules on the dispute and may, if necessary, after expertise, order the execution of all or part of the work prescribed by the administration.

The appeal to the administrative court is suspensive.

L. 621-13

Without prejudice to the application of Article L. 621-15, failure by the owner to comply, either with the formal notice if he has not contested it, or with the decision of the administrative court, The administrative authority can either carry out the work ex officio or pursue the expropriation of the building in the name of the State. If the work is carried out automatically, the owner can request the State to initiate the expropriation procedure. The State announces its decision on this request, which does not suspend the execution of the works, within six months at the most and at the end of a procedure fixed by decree of the Council of State. If the administrative authority has decided to pursue the expropriation, the

L. 621-14

In the event of automatic execution, the owner is required to reimburse the State for the cost of the work carried out by it, up to a limit of half of its amount. The debt thus born for the benefit of the State is recovered according to the procedure applicable to the debts of the State foreign to the tax and to the domains, with the deadlines fixed by the administrative authority which can spread them over a period of fifteen years to plus, the sums due bearing interest at the legal rate from the notification of their amount to the owner.

Optionally seized by the owner and taking into account the latter’s financial means, the administrative court may modify, within the same maximum limit, the staggering of payments. However, in the event of transfer of the building for valuable consideration, the totality of the sums remaining due becomes immediately payable unless the administrative authority has accepted the substitution of the purchaser in the obligations of the seller. The rights of the State are guaranteed by a legal hypothec registered on the building at the behest of the State. The owner can always exonerate himself from his debt by giving up his building to the State.

L. 621-15

To ensure the execution of urgent consolidation work in buildings classified as historical monuments or repair or maintenance work failing which the conservation of the buildings would be compromised, the administrative authority, failing agreement with the owners , may, if necessary, authorize the temporary occupation of these buildings or neighboring buildings.

This occupation is ordered by a prefectural decree notified in advance to the owner and its duration may in no case exceed six months.

In the event of damage caused, it gives rise to compensation which is regulated under the conditions provided for by the law of 29 December 1892 relating to damage caused to private property by the execution of public works.

L. 621-16

The legal easements that can cause the degradation of monuments are not applicable to buildings classified as historical monuments.

No easement can be established by agreement on a listed building without the approval of the administrative authority.

L. 621-17

No one may acquire a right by prescription on a building classified as historical monuments.

L. 621-18

The administrative authority can always, by complying with the prescriptions of the code of expropriation for public utility, sue on behalf of the State the expropriation of a building already classified as historical monuments or proposed for the classification, because of the public interest it offers from the point of view of history or art. Local authorities have the same faculty.

The same option is open with regard to buildings whose acquisition is necessary to isolate, clear, clean up or enhance a building classified as historical monuments or proposed for classification or which are located in the field of view. of such a building.

L. 621-19

From the day on which the administrative authority notifies the owner of a building not classified as historical monuments of its intention to pursue the expropriation of it, all the effects of the classification automatically apply to the building concerned. They cease to apply if the declaration of public utility does not intervene within twelve months of this notification.

When the public utility has been declared, the building can be classified as historical monuments without other formalities by decision of the administrative authority. In the absence of a classification decision, the building nevertheless remains provisionally subject to all the effects of the classification, but this subjection automatically ceases if, within three months of the declaration of public utility, the administration does not pursue the obtaining the expropriation judgment.

L. 621-20

No building classified as historical monuments or proposed for classification may be included in an investigation for the purposes of expropriation for public utility purposes until after the administrative authority has been called upon to present its observations.

L. 621-21

The buildings classified as historical monuments, expropriated by application of the provisions of this title, may be sold by mutual agreement to public or private persons. The purchasers undertake to use them for the purposes and under the conditions provided for in the specifications annexed to the deed of sale. Standard specifications are approved by decree of the Council of State. In the event of transfer to a private person, the principle and conditions of the transfer are approved by decree in the Council of State, the former owner having been enabled to present his observations.

The provisions of the first paragraph of Article L. 621-22 are applicable to transfers made to public entities, by virtue of the provisions of the first paragraph of this article.

L. 621-22

The building classified as historical monuments which belongs to the State, to a local authority or to a public establishment, can only be alienated after the competent administrative authority has been called to present its observations. It must present them within two months of notification. The competent administrative authority may, within a period of five years, pronounce the nullity of the alienation granted without the completion of this formality.

L. 621-23

The effects of the classification follow the building classified as historical monuments, in a few hands that it passes.

L. 621-24

Anyone who disposes of a building classified as historical monuments is required to inform the purchaser of the

Any alienation of a building classified as historical monuments must, within fifteen days of its date, be notified to the administrative authority by the person who granted it.


Section 2

Registration on the supplementary inventory

of historic monuments


L. 621-25

Buildings or parts of public or private buildings which, without justifying a request for immediate classification as historical monuments, are of sufficient historical or artistic interest to make their preservation desirable, may at any time, be registered, by decision of the administrative authority, in an additional inventory.

Any bare or built-up building located in the field of view of a building already classified or listed as historical monuments may also be registered under the same conditions.

L. 621-26

Are included among the buildings likely to be registered on the supplementary inventory of historical monuments megalithic monuments, prehistoric stations as well as the grounds which contain fields of excavations which could interest prehistory, history, art or the archeology.

L. 621-27

The registration on the supplementary inventory of historic monuments is notified to the owners and will entail for them the obligation not to make any modification of the building or part of the listed building, without having, four months beforehand, informed the administrative authority of their intention and indicated the work which they propose to carry out.

The administrative authority can only oppose said work by initiating the procedure for classification as historic monuments as provided for by this title.

However, if the said work had the design or effect of breaking up or cutting up the building or part of a building listed in the inventory for the sole purpose of selling all or part of the materials thus detached , the administrative authority has a period of five years to proceed with the classification as historical monuments and may, in the meantime, order that the work in question be suspended.

L. 621-28

The rules applicable to building permits for a building listed on the supplementary inventory of historic monuments are set out in paragraph 1 of article L. 422-4 of the town planning code reproduced below:

“Art . L. 422-4, paragraph 1. – Construction or work carried out on buildings listed in the supplementary inventory of historic monuments cannot be exempted from the building permit pursuant to article L. 422-1. “

L. 621-29

The administrative authority is authorized to subsidize, within the limit of 40% of the actual expenditure, the maintenance and repair work required for the conservation of buildings or parts of buildings listed in the supplementary inventory of historic monuments. The works are carried out under the control of the historical monuments service.


Section 3

Provisions relating to buildings neither classified nor registered

subject to the legislation on historic monuments


L. 621-30

No new construction may be attached to a building classified as historical monuments without a special authorization from the administrative authority.

L. 621-31

When a building is located in the field of vision of a building classified as historical monuments or registered, it cannot be subject, both to private owners and to communities and public establishments. , no new construction, no demolition, no deforestation, any transformation or modification likely to affect its appearance, without prior authorization.

The building permit takes the place of the authorization provided for in the previous paragraph if it is endorsed by the visa of the architect of the Buildings of France.

In the event of disagreement either of the mayor or of the administrative authority competent to issue the authorization or the building permit, or of the petitioner with the opinion issued by the architect of the Buildings of France, the representative of the State in the region issues, after consultation with the section of the regional heritage and sites commission, an opinion which replaces that of the architect of the Buildings of France. The petitioner’s appeal is exercised on the occasion of the refusal of a work permit. If the representative of the State denies the opinion of the Architect of Buildings of France, the mayor or the competent administrative authority is entitled to issue the authorization or the building permit initially refused.

The Minister in charge of culture may raise any file referred to the architect of the Buildings of France or the representative of the State in the region in application of this article. The authorization or the building permit can therefore only be issued with his agreement.

In the territorial collectivity of Corsica, the powers devolved to the regional prefect by this article are exercised by the prefect of Corsica.

L. 621-32

When they do not concern work for which the building permit, the demolition permit or the authorization mentioned in Article L. 442-1 of the Town Planning Code is required, the authorization request provided for in he article L. 621-31 is addressed to the administrative authority. This statue after having obtained the opinion of the architect of the Buildings of France. However, if the minister responsible for culture has decided to discuss the matter, the authorization can only be issued with his express consent.

If the administrative authority has not notified the interested parties of its response within forty days of filing their request or if this response does not satisfy them, they can file a hierarchical appeal, within two months of the request. notification of the prefect’s response or the expiration of the forty-day period allotted to the prefect to proceed with said notification.

The administrative authority rules. If its decision has not been notified to the interested parties within a time limit set by regulation from the receipt of their request, this request is considered rejected.

Applicants are required to comply with the requirements imposed on them for the protection of the building classified or registered by the administrative authority in the case provided for in the 2nd paragraph of Article L. 621-31 and in the cases provided for in the 1st, 2nd and 3rd paragraphs of this article.


Section 4

Miscellaneous provisions


L. 621-33

When a building or part of a building has been parceled out or dismembered in violation of this title, the administrative authority may have the building or parts of the detached building searched wherever they are. and order their reinstatement, under the direction and supervision of the administration, at the expense of delinquent sellers and buyers taken jointly and severally.

L. 621-34

The rules applicable to permits to demolish a building listed or located in front of a historic monument are set out in Article L. 430-8 of the Town Planning Code reproduced below:

“Art. L. 430-8. – The demolition permit takes the place of the authorizations provided for by article L. 621-31 of the heritage code, by article L. 341-7 of the environment code and by article L. 313-2. In each of these cases, as well as when the planned demolition concerns a building or part of a building listed in the supplementary inventory of historic monuments or protected under Article L. 341-1 of the Environment Code, it is issued after the express or tacit agreement of the Minister responsible for historic monuments and sites or his delegate, who may make this agreement subject to compliance with certain conditions. “


Chapter 2

Movable objects

Section 1

Classification of movable objects


L. 622-1

Movable objects, either movable properly speaking or immovable by destination, the conservation of which, from the point of view of history, art, science or technology, is in the public interest may be classified as historical monuments by decision of the administrative authority.

The effects of classification remain with regard to buildings by destination classified as historical monuments which again become actual furniture.

L. 622-2

Movable objects belonging to the State or to a State public establishment are classified as historical monuments by decision of the administrative authority.

L. 622-3

Movable objects belonging to a local authority or to one of its public establishments are classified as historical monuments by decision of the administrative authority, if there is the consent of the owner. In case of disagreement, the classification is pronounced by decree in Council of State after opinion of the higher commission of historical monuments.

L. 622-4

Movable objects belonging to a private person may be classified as historical monuments, with the consent of the owner, by decision of the administrative authority.

In the absence of the owner’s consent, the classification is pronounced by a decree in the Council of State taken after the opinion of the higher commission of historical monuments.

Classification may give rise to the payment of compensation representing the damage resulting for the owner from the application of the automatic classification easement. The request for compensation must be produced within six months of the notification of the classification decree. In the absence of an amicable agreement, the compensation is fixed by the district court.

L. 622-5

From the day on which the administrative authority notifies the owner of a classification authority for historical monuments, all the effects of the classification automatically apply to the movable object in question. They cease to apply if the classification decision is not made within twelve months of this notification.

L. 622-6

The downgrading of a movable object classified as historical monuments may be pronounced by the administrative authority either ex officio or at the request of the owner. It is notified to the interested parties.

L. 622-7

Objects classified as historical monuments may not be modified, repaired or restored without the authorization of the competent administrative authority or without its supervision.

L. 622-8 An inventory

of movable objects classified as historical monuments is carried out by the administrative authority at least every five years.

In addition, the owners or holders of these objects are required, when required, to present them to agents accredited by the administrative authority.

L. 622-9

The various State services, local authorities and public establishments or of public utility are required to ensure the custody and conservation of movable objects classified as historical monuments of which they are owners, agents or custodians and to take for this purpose the necessary measures.

The expenses necessitated by these measures are, with the exception of the costs of construction or reconstruction of the premises, compulsory for the local authorities.

In the absence of a local authority to take the measures recognized as necessary by the administrative authority, it can be done ex officio, after a formal notice has remained ineffective, by decision of the same authority.

Due to the costs incurred by them for the execution of these measures, the local authorities may be authorized to establish a right of visit, the amount of which will be fixed by the administrative authority.

L. 622-10

When the administrative authority considers that the conservation or security of an object classified as historical monuments, belonging to a local authority or to a public establishment is endangered and when the owner, beneficiary or custodian authority does not or does not want to may not immediately take the measures deemed necessary by the administration, to remedy this state of affairs, the administrative authority can urgently order, by reasoned decree, at the expense of the administration, the useful protective measures and, likewise , in case of duly demonstrated need, the provisional transfer of the object to a cathedral treasury, if it is used for worship, and, if it is not, in a museum or other public place of the State or a local authority,offering the necessary guarantees of security and, as far as possible, located in the vicinity of its original location.

Within three months of this provisional transfer, the conditions necessary for the custody and conservation of the object in its original location must be determined by the commission mentioned in article L. 612-2.

L. 622-11

The owner, beneficiary or custodian community may, at any time, obtain the reintegration of the object in its original location, if it can justify that the required conditions are now fulfilled there.

L. 622-12

The caretakers of buildings or objects classified as historical monuments belonging to local authorities or public establishments must be approved and commissioned by the administrative authority.

The administrative authority is required to make known its approval or its refusal to approve within a time limit set by regulation. If the public person concerned fails to present a guard for the approval of the administrative authority, the latter may appoint one ex officio.

The salary amount of the guards must be approved by the administrative authority.

The guards can only be dismissed by the administrative authority. They must be sworn in.

L. 622-13

All movable objects classified as historical monuments are imprescriptible.

L. 622-14

Objects classified as historical monuments belonging to the State are inalienable.

Objects classified as historical monuments belonging to a local authority or to a public establishment or of public utility may only be alienated with the agreement of the administrative authority and in the forms provided for by laws and regulations. Ownership can only be transferred to the State, to a public entity or to a public utility establishment.

L. 622-15

The effects of classifying a movable object as historical monuments follow the object, in a few hands that it passes.

L. 622-16

Any individual who disposes of an object classified as historical monuments is required to inform the purchaser of the existence of the classification.

Any alienation must, within fifteen days of the date of its completion, be notified to the administrative authority by the person who granted it.

L. 622-17

The acquisition made in violation of article L. 622-14 is null. Actions for nullity or reclamation may be exercised at any time both by the administrative authority and by the original owner. They are exercised without prejudice to claims for damages which may be directed either against the contracting parties jointly and severally liable, or against the public official who provided assistance in the alienation. When the illicit alienation has been granted by a public entity or a public utility establishment, this action for damages is brought by the administrative authority in the name and for the benefit of the State.

The purchaser or sub-purchaser in good faith, in whose hands the object is claimed, is entitled to reimbursement of its purchase price. If the claim is made by the administrative authority, the latter will have recourse against the original seller for the full amount of the compensation that he will have had to pay to the purchaser or sub-purchaser.

The provisions of this article are applicable to lost or stolen items.

L. 622-18

The export from France of objects classified as historical monuments is prohibited, without prejudice to the provisions relating to temporary export provided for in article L. 111-7.

L. 622-19

The provisions of this title are applicable to all movable objects, either real movable property or immovable by destination, regularly classified as historical monuments before January 4, 1914.


Section 2

Registration on the supplementary inventory

of historic monuments


L. 622-20

Movable objects, either movable properly speaking or immovable by destination, belonging to the State, to local authorities and to public establishments or to religious associations and which, without justifying a request for immediate classification, present, at the point of view of history, art, science or technology, an interest sufficient to make its preservation desirable, may, at any time, be entered in an inventory supplementing the list of classified movable objects under historical monuments.

L. 622-21

This registration is pronounced by decision of the administrative authority.

It is notified to the owners, managers, holders, assignees and custodians and entails for them the obligation, except in the event of peril, not to proceed to any transfer of the object from one place to another without having informed, one month in advance, the administration of their intention and the obligation not to carry out any free or expensive transfer, modification, repair or restoration of the object, without having informed, two months to the advance, the administration of their intention.

A decree in Council of State determines the conditions of application of this article.


Chapter 3

Tax provisions


L. 623-1

The tax rules applicable to movable and immovable property covered by this title are set out in a of 2 of article 32, 1 and 4 of article 39, 3 ° of I and 1 ° ter of II of article 156 and article 795 A of the general tax code.


Chapter 4

Criminal provisions


additional inventory to the list of movable objects classified as historical monuments. L. 624-2

Anyone who violates the provisions of Article L. 621-7 relating to the effects of the proposed classification as historic monuments of a building, of article L. 621-19 relating to the effects of the notification of an expropriation request, article L. 621-9 relating to modifications to a building classified as historical monuments, articles L. 621 -16 and L. 621-30 relating to new constructions and easements or article L. 622-7 relating to the modification of a movable object classified as historical monuments, without prejudice to the action for damages- interests which may be exercised against those who have ordered the work carried out or the measures taken in violation of said articles.

In addition, the Minister responsible for culture or his delegate may order the restoration of the premises at the expense of the offenders. He can also ask to prescribe the said restoration to the competent court, which can possibly either fix a penalty, or order the execution ex officio by the administration at the expense of the offenders.

L. 624-3 The

penalties provided for in article L. 480-4 of the town planning code are punishable by:

1 ° Carrying out , without the authorization provided for in article L. 621-31, of any such as to affect the appearance of a building located in the field of vision of a building classified or registered among historical monuments;

2 ° Breaches of the prescriptions referred to in article L. 621-32 imposed for the protection of the classified or registered building.

The provisions of Articles L. 480-1, L. 480-2, L. 480-3 and L. 480-5 to L. 480-9 of the Town Planning Code are applicable to the offenses provided for in the previous paragraphs, under the only subject to the following conditions:

a) Infractions are further noted by the officials and agents commissioned for this purpose by the Minister responsible for culture and sworn in;

b) For the application of article L. 480-5 of the town planning code, the court decides either on the compliance of the places with the prescriptions formulated by the minister in charge of culture, or on their reestablishment in the previous state;

c) The right of visit provided for in Article L. 460-1 of the Town Planning Code is open to representatives of the Minister responsible for culture; Article L. 480-12 of the Town Planning Code is applicable.

L. 624-4

The fact, for any person, of alienating or acquiring a movable object classified as historical monuments, in violation of article L. 622-13, of article L. 622-14 or article L. 622-18, is punished by a fine of EUR 6,000 and imprisonment for three months without prejudice to the actions for damages provided for in article L. 622-17.

L. 624-5

The infringements provided for in Articles L. 624-1 to L. 624-4 are noted at the behest of the Minister responsible for culture. They can be made by reports drawn up by the curators or the caretakers of buildings or movable objects classified as historical monuments duly sworn for this purpose.

L. 624-6

The fact, for any conservator or guardian, as a result of serious negligence, to allow destroying, knocking down, mutilating, degrading or removing either a building or a movable object classified as historical monuments is punishable by a penalty. imprisonment for three months and a fine of EUR 3,750.

L. 624-7

A Council of State decree determines the conditions of application of this title, with the exception of Articles L. 621-26, L. 621-28, L. 621-34 and L. 623-1. It defines in particular the conditions under which is drawn up periodically, in each region and in the local authority of Corsica, a progress report on the examination of the authorization requests provided for in article L. 621-9.


TITLE III

SITES


L. 630-1

The rules relating to the protection of natural monuments and sites are laid down by articles L. 341-1 to L. 341-22 of the environment code reproduced below:


“Section 1


“Inventory and classification


“Art. L. 341-1. – A list of natural monuments and sites whose conservation or preservation is of general interest from an artistic, historical, scientific, legendary or picturesque point of view is drawn up in each department.

“The departmental commission of sites, perspectives and landscapes takes the initiative of the inscriptions which it considers useful and gives its opinion on the proposals for inscription which are submitted to it, after having informed the municipal council of the concerned commune and having obtained his opinion.

“The inscription on the list is pronounced by order of the minister in charge of the sites. A decree in Council of State fixes the procedure according to which this registration is notified to the owners or is the subject of an advertisement. Advertising can only be substituted for notification in cases where the latter is made impossible due to the high number of owners of the same site or natural monument, or the impossibility for the administration to know the identity or the home of the owner.

“Registration entails, on the land included within the limits fixed by the decree, the obligation for the interested parties not to carry out work other than those of current exploitation with regard to rural funds and maintenance. normal as regards constructions without having notified, four months in advance, the administration of their intention. “

” Art. L. 341-2. – The natural monuments and the sites registered or not on the list drawn up by the departmental commission can be classified under the conditions and according to the distinctions established by this section.

“The departmental commission for sites, perspectives and landscapes takes the initiative for the classifications it deems useful and gives its opinion on the classification proposals submitted to it.

“When the Higher Commission for Sites, Perspectives and Landscapes receives a request for classification directly, it is referred to the departmental commission for the purposes of instruction and, where appropriate, a proposal for classification. In an emergency, the minister responsible for sites sets a deadline for the departmental commission to issue its opinion. If it fails to make a decision within this period, the Minister consults the higher commission and gives the request the follow-up that it entails. “

” Art. L. 341-3. – When a natural monument or a site belonging in whole or in part to persons other than those listed in Articles L. 341-4 and L. 341-5 is the subject of a classification project, interested parties are invited to present their observations according to a procedure set by decree in the Council of State. “

“Art. L. 341-4. – The natural monument or the site included in the public or private domain of the State is classified by order of the minister in charge of sites, in the event of agreement with the minister in whose attributions the natural monument or the site is thus placed than with the minister in charge of the domain.

“It is the same whenever it comes to classifying a lake or a watercourse capable of producing a permanent power of 50 kilowatts of electrical energy.

“Otherwise, the classification is pronounced by decree in the Council of State. “

“Art. L. 341-5. – The natural monument or the site included in the public or private domain of a department or a municipality or belonging to a public establishment is classified by order of the minister in charge of sites if there is consent of the public owner.

“Otherwise, the classification is pronounced, after opinion of the Superior Commission of sites, perspectives and landscapes, by decree in Council of State. “

” Art. L. 341-6. – The natural monument or the site belonging to any person other than those listed in articles L. 341-4 and L. 341-5 is classified by order of the minister in charge of sites, after opinion of the departmental commission of sites, perspectives and landscapes , if there is consent of the owner. The decree determines the conditions for classification.

“In the absence of the owner’s consent, the classification is pronounced, after opinion of the higher commission, by decree in Council of State. The classification can give right to compensation for the benefit of the owner if it involves a modification to the state or to the use of the places determining a direct, material and certain damage.

“The request for compensation must be produced within six months from the date of the formal notice given to the owner to modify the condition or use of the premises in application of the specific prescriptions of the classification decision. In the absence of an amicable agreement, the compensation is fixed by the expropriation judge.

“If the Government intends not to follow up the classification ex officio under the conditions thus fixed, it may, at any time during the procedure and at the latest within the period of three months from the notification of the judicial decision, abrogate the classification decree.

“The classification of a lake or a watercourse capable of producing a permanent electrical energy of at least 50 kilowatts can only be pronounced after the opinion of the ministers concerned. This opinion must be formulated within three months, at the end of which it can be overridden.

“In case of agreement with the ministers concerned, the classification can be pronounced by order of the minister in charge of sites. Otherwise, it is pronounced by decree of the Council of State. “

“Art. L. 341-7. – From the day on which the administration in charge of the sites notifies the owner of a natural monument or a site of its intention to continue its classification, no modification can be made to the inventory or to their appearance. during a period of twelve months, except special authorization and subject to the current exploitation of the rural funds and the normal maintenance of constructions.

“When the identity or the domicile of the owner are unknown, the notification is validly made to the mayor, who ensures the display, and, if necessary, to the occupant of the premises. “

” Art. L. 341-8. – Any order or decree pronouncing a classification is published, by the care of the administration in charge of the sites,

“This publication, which does not give rise to any collection for the benefit of the Treasury, is made in the forms and in the manner prescribed by the laws and regulations concerning land registration. “

” Art. L. 341-9. – The effects of the classification follow the natural monument or the classified site, in a few hands that it passes.

“Anyone who alienates a natural monument or a classified site is required to inform the purchaser of the existence of this classification.

“Any alienation of a natural monument or a classified site must, within fifteen days of its date, be notified to the minister in charge of sites by the person who consented to it. “

” Art. L. 341-10. – Natural monuments or classified sites cannot be destroyed or modified in their condition or appearance without special authorization. “

“Art. L. 341-11. – On the territory of a site classified under this chapter, it is compulsory to bury electrical or telephone networks or, for electrical lines with a voltage of less than 19,000 volts, to use network techniques. twisted in front of house, during the creation of new electric lines or new telephone networks.

“When imperative technical requirements or topographical constraints make burying impossible, or when the impacts of this burying are deemed to be greater than those of laying an overhead line, this prohibition may be exceptionally waived by joint decree the minister responsible for energy or telecommunications and the minister responsible for environment. “

“Art. L. 341-12. – From the day on which the administration in charge of the sites notifies the owner of a natural monument or an unclassified site of its intention to pursue the expropriation thereof, all the effects of the classification apply automatically to this natural monument or to this site. They cease to apply if the declaration of public utility does not intervene within twelve months of this notification. When the public utility has been declared, the building can be classified without further formality by order of the minister responsible for sites. “

“Art. L. 341-13. – The total or partial downgrading of a monument or a classified site is pronounced, after opinion of the departmental or higher commissions, by decree of the Council of State. The downgrading is notified to the interested parties and published to the mortgage office of the situation of the goods, under the same conditions as the classification.

“The decommissioning decree determines, on the assent of the Council of State, whether or not there is a need for the return of the compensation provided for in article L. 341-6. “

” Art. L. 341-14. – No natural monument or site classified or proposed for classification can be included in an investigation for the purposes of expropriation for public utility purposes until after the Minister responsible for sites has been called upon to present his observations.

“No one may acquire by prescription, on a natural monument or on a classified site, any right likely to modify its character or to change the appearance of the place.

“No easement can be established by agreement on a natural monument or a listed site without the approval of the minister responsible for sites. “

” Art. L. 341-15. – The list of classified natural sites and monuments is kept up to date. During the first quarter of each year, the nomenclature of natural monuments and sites classified or protected during the previous year is published in the Official Journal. “


“Section 2


“Organizations


“Art. L. 341-16. – A commission of sites, perspectives and landscapes sits in each department.

“This commission, chaired by the prefect, is made up of representatives of the State, elected representatives of local authorities and personalities qualified in the protection of sites, the living environment and the natural sciences. “

” Art. L. 341-17. – A higher commission of sites, perspectives and landscapes is placed with the minister in charge of sites.

“This commission, chaired by the minister responsible for sites, is made up of representatives of the ministers concerned, deputies and senators appointed by each of the assemblies, personalities qualified in the protection of sites, the living environment and the sciences of the nature designated by the minister responsible for sites. “

” Art. L. 341-18. – A Council of State decree sets the conditions for the application of this chapter, in particular the composition, the method of appointment and the operating methods of the committees provided for in Articles L. 341-16 and L. 341-17. “


“Section 3


“Criminal provisions


“Art. L. 341-19. – I. – Is punished by a fine of EUR 9,000:

“1 ° Carrying out work on a natural monument or a registered site without notifying the administration under the conditions provided for in article L. 341 -1, paragraph 4;

“2 ° The fact of alienating a natural monument or a classified site without informing the purchaser of the existence of the classification or without notifying this alienation to the administration under the conditions provided for in article L. 341-9;

“3 ° The fact of establishing an easement on a natural monument or a classified site without the approval of the administration under the conditions provided for in article L. 341-14.

“II. – Is punished by the penalties provided for in Article L. 480-4 of the Town Planning Code:

“1 ° The fact of making changes to a natural monument or a site pending classification in violation of the provisions of Article L. 341-7;

“2 ° The fact of destroying or modifying in its condition or appearance a natural monument or a listed site without the authorization provided for in article L. 341-10;

3 ° Failure to comply with the requirements set by a decree creating a protection zone taken in application of article 19 of the law of May 2, 1930, the object of which is to reorganize the protection of natural monuments and sites of an artistic, historical, scientific, legendary or picturesque character and continuing to produce their effects in application of the third paragraph of article L. 642-6 of the heritage code.

“III. – The provisions of Articles L. 480-1, L. 480-2, L. 480-3 and L. 480-5 to L. 480-9 of the Town Planning Code are applicable to infringements of paragraph 4 of Article L. 341-1 of this code and the provisions referred to in the previous paragraph, subject only to the following conditions:

“1 ° Infractions are further noted by officials and agents commissioned for this purpose by the minister responsible sites and by officials and agents commissioned and sworn in to ascertain forest, hunting and fishing offenses;

“2 ° For the application of Article L. 480-5 of the Town Planning Code, the court rules either on the compliance of the premises with the prescriptions formulated by the Minister in charge of the sites, or on their reestablishment in their previous state;

“3 ° The right of visit provided for in Article L. 460-1 of the Town Planning Code is open to representatives of the Minister responsible for sites; Article L. 480-12 of the same code is applicable. “

” Art. L. 341-20. – Destroying, mutilating or degrading a natural monument or a listed or classified site is punishable by the penalties provided for in article 322-2 of the penal code, without prejudice to any damages. “

“Art. L. 341-21. – The officers responsible for recording the offenses mentioned in Articles L. 341-19 and L. 341-20 may seize the object of the offense as well as the instruments and vehicles used to commit the offense.

“The costs of transport, maintenance and custody of the seized objects are borne by the accused.

“The judgment of conviction can pronounce the confiscation of the object of the offense as well as the instruments and vehicles having been used to commit the offense. “

” Art. L. 341-22. – The provisions of this chapter are applicable to natural monuments and sites regularly classified before May 2, 1930 in accordance with the provisions of the law of April 21, 1906 organizing the protection of natural sites and monuments of an artistic nature. “


TITLE IV

PROTECTED AREAS

Chapter 1

Safeguarded areas


L. 641-1

The rules relating to protected areas are set out in Articles L. 313-1 to L. 313-3 and L. 313-11 to L. 313-15 of the Town Planning Code, reproduced below:

“Art. L. 313-1. – Sectors known as “safeguarded sectors, when these have a historical, aesthetic or nature to justify the conservation, restoration and enhancement of all or part of a set of buildings, whether built or not, can be created and delimited:

“a) By decision of the administrative authority on a favorable opinion or on a proposal from the municipality

(ies) concerned; ” b) By decree of the Council of State, in the event of an unfavorable opinion from the common interested parties.

“the

“In the protected areas, a safeguard and enhancement plan is established to which the legal regime of local town planning plans is applicable, with the exception of the second paragraph of article L. 123-1, of articles L. 123-6 to L. 123-16 and the second, third and fourth paragraphs of article L. 130-1. The safeguard and enhancement plan is approved by decree of the Council of State, after consultation with the National Commission for Safeguarded Sectors and a public inquiry. In the event of a favorable opinion from the municipal council, the local commission for the safeguarded sector and the commissioner of inquiry or the commission of inquiry, the safeguard and enhancement plan may be approved by decree of the competent ministers, after opinion of the the national commission.

“The plan includes in particular the indication of buildings or parts of buildings whose demolition, removal or alteration is prohibited and whose modification is subject to special conditions, as well as the indication of buildings or parts of buildings whose demolition or modification may be imposed by the administrative authority on the occasion of public or private development operations.

“The revision of the safeguarding and enhancement plans takes place in the forms provided for their establishment.

“Provided that its general economy is not harmed, the safeguard and enhancement plan may be modified by the administrative authority, at the request or, after consulting the municipal council, after consulting the Commission. national safeguarded sectors and public inquiry. “

” Art. L. 313-2. – From the administrative decision or the decree of the Council of State delimiting a protected area, any work having the effect of modifying the condition of the buildings is subject either to authorization under the conditions and forms provided for the building permit, or with special authorization for work that does not come under the building permit. This authorization can only be issued if the work is compatible with the safeguard and enhancement plan.

“During the period between the delimitation of the protected area and the intervention of the act making public a safeguard and enhancement plan, the works of the nature of those indicated above may be subject to ” a stay of proceedings under the conditions and timeframe provided for in Article L. 111-8.

“The authorization sets out the requirements with which the owner must comply.

“In the event of disagreement between, on the one hand, the architect of the Buildings of France and, on the other hand, either the mayor or the authority competent to issue the authorization, or the petitioner, on the compatibility of the work with the safeguard and enhancement plan or on the prescriptions imposed on the owner, the representative of the State in the region issues, after consultation with the section of the regional heritage and sites commission, an opinion which replaces that by the architect of the Buildings of France. The petitioner’s appeal is exercised on the occasion of the refusal of a work permit. The time limits for referral to the regional prefect and those given to the section and to the prefect to rule are set by decree in the Council of State.

“The Minister in charge of culture can raise any file which the architect of the Buildings of France or the representative of the State in the region is seized in application of this article. The authorization can then be issued only with his agreement.

“Art. L. 313-2-1. – Buildings located within the perimeter of a protected area for which the safeguard and enhancement plan has been approved are not subject to public utility easements established in application of 3 ° of Article L. 621-1 , Articles L. 621-32 and L. 621-33 of the Heritage Code and Article L. 341-1 of the Environment Code.

“Art. L. 313-3. – The operations of conservation, restoration and enhancement of the safeguarded sectors can be carried out either on the initiative of the public collectivities, or on the initiative of one or more owners, grouped or not in a trade union association. In the latter case, this or these owner (s) are specially authorized to do so under the conditions set by a decree in the Council of State which specifies in particular the commitments required of them as to the nature and extent of the work. “

” Art. L. 313-11. – In the event of an infringement of the provisions of this chapter, Articles L. 480-2 to L. 480-9 are applicable.

“Art. L. 313-12. – Breaches of the provisions of this chapter are noted, on the one hand, by the persons referred to in Article L. 480-1 (first paragraph), and, on the other hand, by officials and agents commissioned for this effect by the minister responsible for historic monuments and sites, and sworn.

“The reports drawn up by these people are authentic until proven otherwise.

“Art. L. 313-14. – The provisions of this chapter, articles 3 and 12 of law n ° 48-1360 of 1 September 1948 as amended, articles L. 145-6, L. 145-7, L. 145-18, L. 145- 28, L. 145-29 and L. 145-30 of the Commercial Code are applicable to public authorities, whether they are owners or tenants of buildings located in the sectors and perimeters referred to in Articles L. 313-3 and L. 313 -4.

“Art. L. 313-15. – A decree in Council of State sets the conditions for the application of this chapter and, in particular, the conditions under which the legislative provisions of the heritage code relating to historic monuments and the legislative provisions of the environment code relating to apply. to sites, in the event that buildings falling under one or other of these legislations are included in the protected sectors.

“This regulation sets the specific conditions for the preparation and early application of the provisions currently being drawn up of a safeguard and enhancement plan after review and modification of the safeguard and enhancement plan. “

L. 641-2

The rules relating to penalties set by Article L. 480-1 of the Town Planning Code are applicable to this title and reproduced below:

“Art. L. 480-1. – Breaches of the provisions of Titles I, II, III, IV and VI of this book are noted by all officers or agents of the judicial police as well as by all civil servants and agents of the State and of public collectivities commissioned for this purpose by the mayor or the minister responsible for town planning according to the authority to which they report and are sworn in. The reports drawn up by these agents are authentic until proven otherwise.

“The offenses referred to in Article L. 480-4 may be noted by agents commissioned for this purpose by the Minister responsible for historic monuments and sites, and sworn in, when they affect buildings included in a protected or subject area. the legislative provisions of the heritage code relating to historic monuments or the legislative provisions of the environmental code relating to sites and that they consist either in the lack of a building permit or in the non-compliance of the construction or work to the granted building permit. The same applies to breaches of the prescriptions established in application of Articles L. 522-1 to L. 522-3 of the Heritage Code.

“When the administrative authority and, if it is competent to issue the authorizations, the mayor or the president of the competent public inter-municipal cooperation establishment becomes aware of an offense of the nature of those provided for in Articles L. 160-1 and L. 480-4, they are required to have a report drawn up.

“A copy of the official report of an offense is sent to the public prosecutor without delay.

“Any association approved for the protection of the environment in application of the provisions of Article L. 141-1 of the Environment Code may exercise the rights granted to the civil party with regard to the facts constituting an infringement of the paragraph 1 of this article and causing direct or indirect damage to the collective interests that it aims to defend.

“The municipality may exercise the rights granted to the civil party, with regard to acts committed on its territory and constituting an infringement of paragraph 1 of this article. “


Chapter 2

Protection zones for the

architectural, urban and landscape heritage


L. 642-1

On the proposal or after agreement of the municipal council of the municipalities concerned, zones for the protection of the architectural, urban and landscape heritage may be established around historic monuments and in districts, sites and spaces to be protected or enhanced. for aesthetic, historical or cultural reasons.

L. 642-2

Special architectural and landscape prescriptions are instituted within these zones or parts of zones for the works mentioned in article L. 642-3.

After public inquiry, opinion of the regional heritage and sites commission set up by article L. 612-1 and agreement of the municipal council of the municipality concerned, the protection zone is created by decision of the administrative authority.

The competent minister can discuss any protection zone project.

The provisions of the protection zone are annexed to the local town planning plan, under the conditions provided for in article L. 126-1 of the town planning code.

L. 642-3

Construction, demolition, deforestation, transformation and modification of the appearance of buildings included in the perimeter of the protection zone established by virtue of article L. 642-2 are subject to special authorization, granted by the administrative authority competent in matters of building permits after obtaining the assent of the architect of the Buildings of France. The building permit and other land use authorizations provided for by the town planning code take their place subject to this assent, if they are endorsed by the architect of the Buildings of France.

In the event of disagreement either of the mayor or of the administrative authority competent to issue the building permit, or of the petitioner, with the opinion issued by the Architect of Buildings of France, the representative of the State in the region issues, after opinion of the section of the regional heritage and sites commission, an opinion which replaces that of the architect of the Buildings of France. The petitioner’s appeal is exercised on the occasion of the refusal of a work permit. The time limits for referral to the regional prefect and those given to the section of the regional heritage and sites commission and to the regional prefect to rule are set by decree in the Council of State.

The competent minister may raise any file referred to the architect of the Buildings of France or the representative of the State in the region in application of this article.

In the territorial collectivity of Corsica, the powers devolved to the regional prefect by this article are exercised by the prefect of Corsica.

L. 642-4

Any person who violates the provisions of the first paragraph of article L. 642-3 of this code is punishable by the penalties provided for in article L. 480-4 of the code of town planning.

The provisions of Articles L. 480-1 to L. 480-3 and L. 480-5 to L. 480-9 of the Town Planning Code are applicable to the offenses mentioned in Article L. 642-3 and to ‘previous paragraph subject to the following adaptations:

a) Infringements are further noted by officials and agents sworn in and commissioned for this purpose by the competent minister;

b) The right of visit provided for in Article L. 460-1 of the Town Planning Code is open to the persons mentioned in a;

c) Article L. 480-12 of the Town Planning Code is applicable;

d) Pursuant to article L. 480-5, the court rules either on bringing the place into conformity with the prescriptions formulated by the competent minister, or on their restoration to the previous state.

L. 642-5

When a historic monument is located in a zone of protection of the architectural, urban and landscape heritage, the public utility easements instituted for the protection of its field of vision, in application of articles L. 621-1, L. 621- 31 and L. 621-32, are not applicable.

Buildings located in an architectural, urban and landscape heritage protection zone are not subject to public utility easements established in application of Articles L. 621-1, L. 621-31, L. 621-32 and L. 630-1.

L. 642-6

The protection zones created in application of articles 17 to 20 and 28 of the law of May 2, 1930, the object of which is to reorganize the protection of natural monuments and sites of artistic, historical, scientific, legendary or picturesque character continue to produce their effects. until they are removed or replaced by areas for the protection of the architectural, urban and landscape heritage.

L. 642-7

The terms of application of this chapter are set by decree of the Council of State.


Chapter 3

Tax provisions


L. 643-1

The tax rules relating to the determination of the net income of persons owning a building located in a protected sector or in a zone of protection of the architectural, urban and landscape heritage are laid down in b ter of 1 ° of I of l article 31 and in 3 ° of I of article 156 of the general tax code.


BOOK VII

PROVISIONS RELATING

TO OVERSEAS

TITLE I

SPECIAL PROVISIONS FOR

OVERSEAS DEPARTMENTS


This title does not include legislative provisions.


TITLE II

SPECIAL PROVISIONS FOR

SAINT-PIERRE-ET-MIQUELON


L. 720-1

Articles L. 122-1 to L. 122-10, L. 543-1, L. 621-10, L. 621-28, L. 621-34, L. 623-1, L 641-1, L. 641-2 and L. 643-1 are not applicable to Saint-Pierre-et-Miquelon.

L. 720-2

For the application of the code in the territorial collectivity of Saint-Pierre-et-Miquelon, the terms listed below are replaced as follows:

a) The words: “tribunal de grande instance” by the words: “Court of first instance”;

b) The words: “court of appeal” by the words: “higher court of appeal”;

c) The word: “department” by the word: “collectivity”;

d) The words: “prefect” or “regional prefect” by the words: “representative of the State in the community”;

e) The words: “prefectural decree” by the words: “decree of the representative of the State in the community”.

L. 720-3

In the absence of adaptation, the references made, by provisions of this code applicable to Saint-Pierre-et-Miquelon, to provisions which are not applicable therein are replaced by references to provisions having the same object applicable locally.


TITLE III

PROVISIONS APPLICABLE TO MAYOTTE


L. 730-1

Articles L. 112-1 to L. 112-25, L. 114-2 to L. 114-5, L. 123-1 to L. 123-3, L. 131-1, L. 131-2, L. 132-1 to L. 132-4, L. 133-1, L. 143-1 to L. 143-14, L. 211-1 to L. 211-6, L. 212-1 to L. 212-14, L. 212-30 to L. 212-37, L. 213-1 to L. 213-8, L. 214-1 to L. 214-5, L. 221-1 to L. 221- 5, L. 222-1 to L. 222-3, L. 310-1 to L. 310-6, L. 320-1 to L. 320-4, L. 410-1 to L. 410-4, L. 430-1, L. 430-2, L. 441-1, L. 441-2, L. 442-1 to L. 442-11, L. 451-1 to L. 451-10, L. 452-1 to L. 452-4, L. 510-1, L. 521-1, L. 522-1 to L. 522-8, L. 523-1 to L. 523-14, L. 524- 1 to L. 524-16, L. 531-1 to L. 531-19, L. 532-1 to L. 532-14, L. 541-1, L. 541-2, L. 542-1 to L. 542-3, L. 544-1 to L. 544-13, L. 611-1, L. 612-2, L. 621-1 to L. 621-9, L. 621-11 to L. 621-27, L. 621-29 to L. 621-33, L. 622-1 to L. 622-21, L. 624-1 to L. 624-7, L. 630-1 and L. 642- 1 to L. 642-7 are applicable to Mayotte.

L. 730-2

For its application to Mayotte, in article L. 213-6, the words: “or of donation within the meaning of articles 1131 and 1716 bis of the general tax code” are deleted.

L. 730-3

For its application in Mayotte, in c of article L. 211-4, after the words: “public or ministerial officers”, and in c of article L. 213-2 as well as in Article L. 213-3, after the word: “notaries”, are inserted the words: “and cadis”.

L. 730-4

For the application of the code in the departmental authority of Mayotte, the terms listed below are replaced as follows:

a) The words: “tribunal d’instance” and “tribunal de grande instance” by the words : “Court of first instance”;

b) The words: “court of appeal” by the words: “higher court of appeal”;

c) The word: “department” by the word: “departmental community of Mayotte”;

d) The word: “prefect” by the words: “prefect of Mayotte”.

L. 730-5

In the absence of adaptation, the references made, by provisions of this code applicable to Mayotte, to provisions which are not applicable therein are replaced by references to provisions having the same object applicable locally. .


TITLE IV

PROVISIONS APPLICABLE

IN NEW CALEDONIA


L. 740-1

Articles L. 123-1 to L. 123-3, L. 131-1, L. 131-2, L. 132-1 to L. 132-4 and L. 133-1 are applicable in New Caledonia.

L. 740-2

Articles L. 221-1 to L. 221-5, L. 222-1 and L. 222-3 are applicable in New Caledonia.

L. 740-3

Article L. 510-1 is applicable in New Caledonia.

Articles L. 532-1 to L. 532-14 and L. 544-5 to L. 544-11 are applicable in New Caledonia insofar as they concern property located in the public maritime domain of the State.

L. 740-4

For the application of Articles L. 740-1 and L. 740-2 in New Caledonia, the terms listed below are replaced as follows:

a) The words: “department” or “region” by the words: “New Caledonia” or “province”;

b) The words: “court of appeal” by the words: “higher court of appeal”;

c) The word: “prefect” by the words: “representative of the State in New Caledonia”.

L. 740-5

In the absence of adaptation, the references made, by provisions of this code applicable in New Caledonia, to provisions which are not applicable therein are replaced by references to provisions having the same object. applicable locally.


TITLE V

PROVISIONS APPLICABLE

IN FRENCH POLYNESIA


L. 750-1

Articles L. 212-30, L. 221-1 to L. 221-5, L. 222-1 and L. 222-3 are applicable in French Polynesia.

L. 750-2

Article L. 510-1 is applicable in French Polynesia.

Articles L. 532-1 to L. 532-14 and L. 544-5 to L. 544-11 are applicable in French Polynesia in so far as they concern property located in the public maritime domain of the State.

L. 750-3

For the application of Articles L. 750-1 and L. 750-2 in French Polynesia, the terms listed below are replaced as follows:

a) The words: “department” or “ region ”by the words:“ territory of French Polynesia ”;

b) The word: “prefect” by the words: “representative of the State in the territory”;

c) The words: “general council” or “regional council” by the words: “assembly of French Polynesia”.

L. 750-4

In the absence of adaptation, the references made, by provisions of this code applicable in French Polynesia, to provisions which are not applicable therein are replaced by references to provisions having the same object applicable. locally.


TITLE VI

PROVISIONS APPLICABLE

IN THE WALLIS AND FUTUNA ISLANDS


L. 760-1

Articles L. 123-1 to L. 123-3, L. 131-1, L. 131-2, L. 132-1 to L. 132-4 and L. 133-1 are applicable in the Wallis and Futuna Islands.

L. 760-2

Articles L. 211-1 to L. 211-6, L. 212-1 to L. 212-5, L. 212-15 to L. 212-33, L. 212-37, L . 213-1 to L. 213-8 and L. 214-1 to L. 214-5 are applicable in the Wallis and Futuna Islands to archives belonging to public services and establishments of the State and to legal persons responsible for management a public service under the jurisdiction of the State.

L. 760-3

Articles L. 212-30, L. 221-1 to L. 221-5, L. 222-1 and L. 222-3 are applicable in the Wallis and Futuna Islands.

L. 760-4

Articles L. 510-1, L. 532-1 to L. 532-14 and L. 544-5 to L. 544-11 are applicable in the Wallis and Futuna Islands.

L. 760-5

For the application of Articles L. 760-1 to L. 760-4 in the Wallis and Futuna Islands, the terms listed below are replaced as follows:

a) The words: “département “Or” region “by the word:” territory “;

b) The words: “court of appeal” by the words: “higher court of appeal”;

c) The word: “prefect” by the words: “representative of the State in the territory”.

L. 760-6

In the absence of adaptation, the references made, by provisions of this code applicable in the Wallis and Futuna Islands, to provisions which are not applicable therein, are replaced by references to provisions having the same object applicable locally.


TITLE VII

PROVISIONS APPLICABLE TO THE TERRITORY

OF

FRENCH SOUTHERN AND ANTARCTIC LANDS


L. 770-1

Articles L. 131-1, L. 131-2, L. 132-1 to L. 132-4, L. 133-1, L. 211-1 to L. 211-6, L . 212-1 to L. 212-5, L. 212-15 to L. 212-28, L. 212-31 to L. 212-33, L. 212-37, L. 213-1 to L. 213 -8, L. 214-1 to L. 214-5, L. 510-1, L. 532-1 to L. 532-14 and L. 544-5 to L. 544-11 are applicable to the territory of the Lands French Southern and Antarctic.

L. 770-2

For the application of article L. 770-1 to the territory of the French Southern and Antarctic Territories, in article L. 213-6, the words: “or de dation within the meaning of articles 1131 and 1716 bis of the general tax code ”are deleted.

L. 770-3

For the application of article L. 770-1 to the territory of the French Southern and Antarctic Lands, the terms listed below are replaced as follows:

a) The words: “department” or “region” by the word: “territory”;

b) The word: “prefect” by the words: “representative of the State in the territory”.

L. 770-4

In the absence of adaptation, the references made, by provisions of this code applicable to the territory of the French Southern and Antarctic Territories, to provisions which are not applicable therein are replaced by references to provisions having the same object applicable locally.

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