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MIL OSI Translation. Government of the Republic of France statements from French to English –

LAW PROJECT

WASTE PREVENTION AND MANAGEMENT

The Minister of Ecological Transition presented a bill ratifying Ordinance No. 2020-920 of July 29, 2020 on the prevention and management of waste.

The development of the circular economy, which includes the prevention and management of waste, is a priority for citizens and for the Government, as evidenced by the interest shown by the citizens’ climate convention.

As such, the ordinance makes it possible to continue implementing the roadmap for a 100% circular economy presented in April 2018, which embodies the government’s ambition to accelerate the transformation of production and consumption models in order to reduce waste and preserve natural resources, biodiversity and the climate. It is in line with the trajectory of Law No. 2020-105 of February 10, 2020 on the fight against waste and the circular economy and transposes the directives relating to waste from the European circular economy package.

The ordinance includes in French law new ambitious targets for the recovery of household and similar waste, in order to reach 65% of waste reused or recycled by 2035, and contributes to the fight against plastic pollution and the abandonment of waste in the ‘environment.

In order to increase transparency on waste management and consumer information, the ordinance requires manufacturers of objects to transmit the hazardous substance composition of their products. It simplifies the exit from the waste status of objects that are checked or repaired for reuse, thus facilitating the second life of products. Local authorities will offer more separate collections of waste to households in order to develop their recycling: paper is concerned , cardboard, metal, plastic and glass, as well as plaster, mineral fractions, wood, textiles and hazardous waste.

Bio-waste represents nearly a third of residual household waste sent for disposal, where it generates nuisances. However, this waste has a high recovery potential: accelerating its sorting at source is crucial to reducing their environmental impact and allows the production of quality fertilizer. In this context, the ordinance provides for various measures to accelerate the recovery of this waste, including the generalization of their sorting and recovery by means of domestic or shared composting, or separate collection.

Finally, the ordinance prohibits the landfill and incineration of waste that has been the subject of sorting and selective collection and allows a community in charge of waste treatment to provide financial incentives to its member communities. promote waste prevention and step up separate collection.

LAW PROJECT

STRENGTHENING OF THE NATIONAL MECHANISM AGAINST MONEY LAUNDERING AND TERRORIST FINANCING

The Minister of the Economy, Finance and Recovery presented a bill ratifying Ordinance No. 2020-115 of February 12, 2020, strengthening the national system for the fight against money laundering and the financing of terrorism.

Taken on the basis of article 203 of law n ° 2019-486 of May 22, 2019 on the growth and transformation of companies (PACTE), this ordinance provided in particular for the transposition measures of Directive (EU) 2018 / 843 of May 30, 2018 of the European Parliament and of the Council, known as the “5th Anti-Money Laundering Directive”. Following the attacks that were committed in France, the Government worked hard to ensure that all the Member States of the European Union strengthen their systems for combating illicit financial flows, through this new directive.

The result of a major consultation carried out within the framework of the Orientation Council for the fight against money laundering and the financing of terrorism (COLB), the ordinance of 12 February 2020 made it possible to consolidate the national framework for the fight against illicit financial flows, in view of the risks and threats that may weigh on the French economy, and thus obtain an increased level of efficiency. It thus has:

– extended the scope of the persons involved, such as commercial registrars, in the fight against money laundering and the financing of terrorism and their activities;

– strengthened customer due diligence obligations that must be implemented by entities subject to the fight against money laundering and the financing of terrorism;

– increased the efficiency and relevance of the action of the supervisory authorities, which play a key role in prevention, as well as the exchange capacities between European authorities;

– makes the register of beneficial owners of legal entities, trusts and public trusts a key point in the preventive system for the fight against money laundering and the financing of terrorism;

– completed the information available in the bank accounts file.

This ordinance thus strengthened the legal arsenal to continue to fight against money laundering and to dry up terrorist financing channels.

ORDER

ADJUSTMENT OF THE ALLOCATION AND THE PARTIAL ACTIVITY COMPENSATION

The Minister of Labor, Employment and Inclusion has presented an order on the adjustment of the allowance and the partial activity allowance.

Taken on the basis of article 1 of law n ° 2020-734 of June 17, 2020 relating to various provisions related to the health crisis, other urgent measures as well as the withdrawal of the United Kingdom from the Union European regulation, this ordinance adapts the modalities of support for partial activity in order to encourage the resumption of activity while continuing to support, at the same level of public commitment, the companies most affected by the health crisis.

As of November 1 and until December 31, 2020, the principle of varying the partial activity allowance paid to the employee according to the sectors of activity and the characteristics of the companies is thus introduced. the text specifies that, in cases where the activity of a company which welcomes the public is interrupted due to the spread of covid-19, it benefits from an increased partial activity allowance rate and this , whether this interruption is total or partial.

Finally, the ordinance secures the provisions relating to the calculation of the compensation and the partial activity allowance of employees under apprenticeship or professionalization contracts, in order to provide for a zero charge for employers.

ORDER

EXTENSION AND ADAPTATION IN FRENCH POLYNESIA AND NEW CALEDONIA OF THE PROVISIONS OF THE LAW RELATING TO THE ENGAGEMENT IN LOCAL LIFE AND THE PROXIMITY OF PUBLIC ACTION

The Minister of Overseas Territories presented an ordinance extending and adapting in French Polynesia and New Caledonia the provisions of Law No. 2019-1461 of December 27, 2019 relating to engagement in local life and the proximity of the ‘public action.

This ordinance extends to French Polynesia and New Caledonia the provisions likely to strengthen the rights of elected officials and facilitate the exercise of public action.

The law of December 27, 2019 was one of the concrete translations of the great national debate: it resumes from the daily life of local elected officials to meet their needs in terms of local freedoms, rights and protection. So that the specificities of these two overseas communities are taken into account, the legislator has empowered the Government to extend and adapt the provisions of this law to French Polynesia and New Caledonia. The two communities concerned were the subject of a consultation.

The ambition of this ordinance is to enhance the municipality and put it back at the heart of democratic life, while respecting the competences of French Polynesia and New Caledonia.

The ordinance therefore includes the following measures:

– it facilitates the exercise of the municipal mandate: all first-elected officials will receive training at the start of their mandate, regardless of the size of the municipality;

– it secures the mayor in his decisions faced with the complexity of standards. Standards are sometimes difficult to interpret. Prior to the decision, the mayor may ask the high commissioner to take a position on a question of law, via a written, precise and complete request;

– it gives the mayor the means to enforce his decisions: the mayors will be able to impose administrative fines to enforce their police decisions in areas such as irregular occupations of the communal public domain or the encroachment of plantations on the road;

– it makes it possible to reconcile personal and professional life and local commitment: the care costs linked to the presence with young children and the costs of taking care of people with disabilities or dependents during compulsory meetings will be taken into account. charge by the municipalities. The state will finance it in municipalities with fewer than 3,500 inhabitants;

– it provides the elected official with legal support when he is a victim or implicated: for disputes that fall within the exercise of the mayor’s mandate, the municipalities will be required to take out insurance for legal protection of the mayor. -this. In municipalities with fewer than 3,500 inhabitants, the amount paid by the municipality for this subscription will be compensated by the State.

DECREE

DECLARATION OF A STATE OF HEALTH EMERGENCY

The Prime Minister presented a decree declaring a state of health emergency.

The state of health emergency, the regime of which is determined by Articles L. 3131-12 et seq. Of the Public Health Code, had previously been declared throughout the national territory for two months by Article 4 of emergency law n ° 2020-290 of 23 March 2020 to deal with the covid-19 epidemic. Extended by law n ° 2020-546 of 11 May 2020 extending the state of health emergency and supplementing its provisions, it ended on 10 July 2020, except in Guyana and Mayotte, where it was maintained until September 17, 2020 included.

Given its national spread, as shown by the available scientific data, the covid-19 epidemic constitutes a health disaster endangering, by its nature and severity, the health of the population. It justifies that the state of health emergency be declared so that measures strictly proportionate to the health risks incurred and appropriate to the circumstances of time and place can be taken.

The decree thus declares the state of health emergency throughout the national territory. It will come into effect on October 17, 2020 at 12 a.m.

Pursuant to Article L. 3131-13 of the Public Health Code, the National Assembly and the Senate will be informed without delay of the measures taken by the Government under the state of health emergency.

COMMUNICATION

EVERYDAY SAFETY

The Minister of the Interior presented a communication on the daily security.

The Government has been committed since 2018 to improving daily safety.

Based on listening to the population and its representatives, first and foremost the mayors, the daily security method aims to provide a concrete response from the police and security partners (municipal police, donors and social services, public transporters, educational establishments, private security companies, neighborhood associations) to the problems of insecurity and delinquency which affect the French in their daily life.

Daily safety is based on reinforced means:

– to strengthen the presence on public roads and in transport and to fight more effectively against narcotics, domestic and school violence, the five-year plan “10,000 additional police and gendarmes” plans to assign 4,000 police officers and 1,450 gendarmes to daily security including 1,300 police officers and 70 gendarmes in 60 republican reconquest districts (QRR), where delinquency linked to drug trafficking is more important. By the end of 2020, 1,545 police officers and 1,012 gendarmes will have been assigned and 55 QRRs created with the reinforcement of 949 police officers and 70 gendarmes;

– to improve contact with the population, the reception of victims and the living environment of the internal security forces, an unprecedented effort has been made to renew the vehicle fleet (1 in 4 vehicles by the end of 2021) and to renovate premises (€ 26 million of operations carried out by the end of 2020 and other operations under study for € 1.1 billion under the France relaunch plan);

– to improve the responsiveness and accessibility of the police and the gendarmerie, 110,000 Neo tablets (102,000 deployed) and 27,180 pedestrian cameras will equip all the patrols (10,400 deployed), the digital gendarmerie brigade has been created and online reporting platforms for credit card fraud (Perceval) and sexual and gender-based violence are implemented.

Surveys of elected officials, donors and transporters reflect a positive reception of daily safety and a high level of expectations. Likewise, the survey on the quality of the link between the population and the internal security forces, carried out in 2019, confirms that 85% of those questioned have a positive or very positive opinion. Daily safety, reinforced by additional staff in the QRRs, reduced damage to property by 1.65% in 2019 (after an increase of 2.28% in 2017 and 0.48% in 2018), to slow down deliberate attacks on physical integrity (+ 2.45% in 2019 against + 7.77% in 2018) and increase the clearance rate in these sectors from 35.75% in 2017 to 38.26% in 2019.

The Government is determined to step up its action for daily safety:

– by strengthening the security continuum by broadening the powers of municipal police forces to involve them more closely in the production of security (by supporting the bill towards comprehensive security which will be discussed in mid-November at the National Assembly);

– by encouraging initiatives on the ground and developing partnership action between the police services and gendarmerie units and other security actors to combine proximity, firmness and efficiency in the responses to questions of insecurity;

– by developing integrated security contracts, such as the one concluded on October 9 with the mayor of Toulouse, to strengthen the means implemented by the State (interior, justice, national education) and the municipalities of large agglomerations to strengthen security ;

– by increasing the number of QRRs to 60 to strengthen the security of the neighborhood population and fight against drug trafficking which undermines peace and quiet.

INDIVIDUAL MEASURES

The Council of Ministers adopted the following individual measures:

On the proposal of the Minister of the Economy, Finance and Recovery:

– Mr. Guillaume CADIOU, chief engineer of bridges, water and forests, has been appointed interministerial delegate for company restructuring, as of October 21, 2020.

On the proposal of the Minister of the Interior:

– Mr. Xavier PELLETIER, senior civil administrator, is appointed prefect in charge of a public service mission under the Government.

On the proposal of the Minister of Labor, Employment and Integration:

– Mr. Thibaut GUILLUY is appointed High Commissioner for Employment and Business Engagement.

On the proposal of the Keeper of the Seals, Minister of Justice:

– Mrs. Dominique SIMONNOT is appointed General Controller of places of deprivation of liberty.

EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.

MIL Translation OSI