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



The Prime Minister presented a bill establishing a sustainable management regime for health emergencies.

The Covid-19 epidemic forced the hasty development of the state of health emergency regime last March. If this regime has proved its worth, the ambition of the bill is to establish a lasting framework, better articulated with the other rules, endowing the public authorities with the appropriate means to respond to all exceptional health situations while guaranteeing everything. both respect for rights and freedoms and permanent control by Parliament.

The bill essentially takes over the health emergency regime, making only the adjustments that experience has shown to be necessary. As at present, it will allow the Prime Minister to regulate the movement of people, the opening of establishments open to the public, or even to limit gatherings in public places. Certain trips or activities may be made conditional on carrying out a screening, as is the case today for air or sea transport.

The project also brings together the various now scattered prerogatives that exist outside the state of health emergency for less serious situations. This new coherent and transparent state of health crisis regime will be clearly distinguished from ordinary law. It will have to be the subject of a formal declaration by the Prime Minister, cannot be extended without reinforced procedural guarantees and cannot be maintained beyond what is strictly necessary.

Parliament will be continuously informed of the measures taken in a state of health emergency as well as in a state of health crisis to fully exercise its mission of monitoring the action of the Government that it derives from the Constitution.

Finally, the bill transforms the provisions relating to the processing of data specific to the fight against the epidemic of covid-19, which made it possible to set up the “SI-DEP” and “Contact covid” systems, into a general framework. and controlled health emergency information systems, essential tools to fight against exceptional health situations.


The Minister of the Interior presented a draft organic law relating to the election of the President of the Republic.

Law No. 62-1292 of November 6, 1962, which governs the election of the President of the Republic, makes certain provisions of the electoral code applicable to this ballot. It is therefore necessary before each presidential election to update this reference to the electoral code at the organic level to take into account all the legislative changes that have taken place in electoral matters since the previous election.

In addition to these technical changes, the draft organic law introduces new provisions aimed at securing this election, modernizing the terms of the financial campaign and promoting the electoral participation of all citizens.

It sets a deadline for publication of the decree convening the voters, which will take place at least ten weeks before the poll. Unlike other elections, the date of publication of the decree convening the presidential election is currently not framed by any text. However, it triggers the sponsorship collection period. The inclusion in law of this provision is likely to secure this operation.

It postpones to a date fixed by decree, and no later than January 1, 2027, the entry into force of the possibility of transmitting sponsorships electronically to the Constitutional Council.

The lack of a high-level digital identity, a device that is likely to secure the dematerialized transmission of sponsorship as much as possible, makes it necessary to postpone the entry into force of this device, inserted in 2016 by way of amendment.

He then modernized certain financial aspects of the electoral campaign by dematerializing the transmission of campaign accounts to the National Commission for Campaign Accounts and Political Financing, as well as the editing of donation receipts.

Finally, it establishes a postal voting system for detained persons. This system, already in place for the 2019 European elections, provides for all votes to be centralized in a national polling station which will count and announce the results.


The interior minister presented a bill postponing the general renewal of the departmental councils, regional councils and assemblies of Corsica, Guyana and Martinique.

This bill implements the main recommendation of the report submitted on November 13, 2020 by Mr. Jean-Louis Debré by postponing to June these concurrent elections scheduled for March in application of the electoral code. The terms of the current departmental councilors, regional councilors and assemblies of Corsica, Guyana and Martinique are extended until this general renewal.

Indeed, it emerges from this report that the health situation and the measures taken to alleviate the Covid-19 epidemic do not allow an electoral campaign to be carried out preceding the elections organized in March, under conditions capable of guaranteeing good health. informing voters, equality of arms between candidates and fairness of the ballot.

A public report on the health risks associated with the electoral campaign and the ballot will be submitted to Parliament by the committee of scientists set up in application of article L.3131-19 of the public health code (Covid-19 scientific council), no later than April 1.

In order to take into account the increase in electoral expenses induced by the extension of the campaign period, the expenditure ceilings are increased by 20%, as was the case for the municipal elections of 2020, the second round of which had been postponed due to the sanitary situation.

The next general renewal, which should take place in March 2027, is postponed to December 2027, to avoid too close proximity to the presidential and legislative elections scheduled for spring 2027. The classic electoral calendar is restored from the next general renewal, scheduled in March 2033.


The Minister of Labor, Employment and Integration, the Minister of Solidarity and Health and the Minister of Transformation and the Public Service presented on the one hand, a bill ratifying various ordinances in the fields of work, employment and vocational training, social action and health and, on the other hand, a bill ratifying ordinance n ° 2020-1507 of 2 December 2020 adapting the law applicable to the operation of public establishments and administrative collegiate bodies during a state of health emergency.

1. The purpose of the bill is to ratify, without modifying them, various ordinances in the field of labor, employment and vocational, social and health training, taken on the basis of I of article 10 of Law n ° 2020-1379 of 14 November 2020 authorizing the extension of the state of health emergency and establishing various measures for managing the health crisis. These ordinances are as follows:

– Ordinance No. 2020-1441 of 25 November 2020 adapting the rules relating to meetings of employee representative bodies, by way of derogation and temporarily, extends the possibility of using videoconferencing to hold meetings of social and economic committees;

In the context of a health emergency, this ordinance ensures the continuity of the functioning of the bodies, and in particular allows their consultation on the employer’s decisions induced by the health crisis. The elected members of the social and economic committee may, however, request that a meeting be held face-to-face when it concerns certain particularly sensitive or urgent subjects, such as plans for collective redundancies.

– Ordinance No. 2020-1442 of 25 November 2020 re-establishing emergency measures in terms of replacement income mentioned in Article L. 5421-2 of the Labor Code;

It allows the extension of the duration of compensation for job seekers reaching the end of their rights as of October 30, 2020. This extension concerns job seekers exhausting their right to return to work allowance, to the specific solidarity allowance or the insurance allowance the charge of which is insured by the public employers mentioned in Article L. 5424-1 of the Labor Code. A measure of this type was put in place last spring during the first confinement.

The duration and the end of the extension period are fixed by ministerial decree in order to take into account the confinement period put in place by decree n ° 2020-1310 of October 29, 2020 prescribing the general measures necessary to deal with the Covid-19 epidemic as part of the state of health emergency.

– Ordinance No. 2020-1501 of December 2, 2020 amending Ordinance No. 2020-387 of April 1, 2020 relating to emergency measures in the area of ​​vocational training and Law No. 2018-771 of September 5, 2018 for the freedom to choose one’s professional future;

This ordinance extends the transitional measures relating to professional interviews and defers, until June 30, 2021, the performance by the employer of the professional interviews provided for in Article L. 6315-1 of the Labor Code. The text suspends until that date the application of the penalties provided for by law in the event that the status interviews of the professional career of each employee have not been carried out on time. In line with this postponement, the transitional measure is also maintained until June 30, 2021, which allows the employer to meet its obligations in terms of professional maintenance by referring either to the provisions in force on December 31, 2018, or to those resulting from the law n ° 2018-771 of September 5, 2018.

Finally, the ordinance extends, until June 30, 2021, the transitional measure allowing operators of skills and regional inter-professional joint committees, associations called Transition Pro, to finance the validation of experience acquired at a fixed rate, from positioning, to the jury, including support for the constitution of admissibility files, up to a limit of 3,000 euros.

– Ordinance No. 2020-1502 of December 2, 2020 adapting the conditions for performing the duties of the occupational health services to the health emergency;

It provides for occupational health services to participate in the fight against the spread of Covid-19, in particular through the dissemination, to employers and employees, of prevention messages against the risk of contagion, support for undertaken in the definition and implementation of prevention measures and participation in screening operations and future vaccination actions.

The occupational physician is also authorized to prescribe and renew a sick leave in the event of infection or suspicion of infection with covid-19. The prescription and performance of tests may also be carried out by the occupational physician or under his supervision under conditions which will be specified by decree.

In addition, the ordinance provides that the visits planned as part of the monitoring of the workers’ state of health may be postponed up to a maximum limit of 12 rolling months from the date on which the visit should have been carried out. This postponement is also applied to medical visits postponed in application of article 3 of ordinance n ° 2020-386 of April 1, 2020 and which, on the date of entry into force of this ordinance, could not be carried out. A Council of State decree will specify the conditions and limits of these provisions, in particular for workers subject to appropriate monitoring or reinforced individual monitoring. Finally, the occupational physician can always maintain the visits he considers essential.

– Ordinance No. 2020-1553 of December 9, 2020 extending, re-establishing or adapting various social provisions to deal with the covid-19 epidemic;

It makes it possible to reactivate several support measures taken during the first wave of the epidemic, adapting them if necessary to the state of the health situation. The extension of the reception capacity of childminders, the deadlines for filing and investigating compensation claims before the National Compensation Office for Victims of Medical Accidents, iatrogenic Diseases and Infections are thus extended. nosocomiales and the Asbestos Victims Compensation Fund, as well as the benefit of certain rights or benefits. In terms of research, the ordinance refocuses the benefit of the derogatory provisions relating to the personal protection committee on priority projects. With regard to health establishments, it makes adjustments, of a budgetary and accounting nature, and, as regards social and medico-social establishments and services, adaptations of their operating and financing rules, to enable them to face the consequences of the health crisis. Finally, the ordinance reactivates a compensation system for private doctors affected by the deprogramming of “non-urgent” medical procedures in health establishments.

2. The bill also aims to ratify Ordinance No. 2020-1507 of 2 December 2020 adapting the law applicable to the operation of public establishments and administrative collegiate bodies during the state of health emergency.

This ordinance, taken in application of article 10 of the law of 14 November 2020 authorizing the extension of the state of health emergency and laying down various measures for managing the health crisis, aims to take over and adapt certain measures taken. by ordinance n ° 2020-347 of March 27, 2020 adapting the law applicable to the operation of public establishments and administrative collegiate bodies during the state of health emergency and which remain necessary in the current health context for the proper functioning of services public.

It authorizes the use of dematerialized meetings, by audio or videoconference, for collegiate bodies of public establishments, whatever their status, public interest groups, independent administrative authorities, independent public authorities, other public bodies. , private bodies in charge of an administrative public service mission as well as commissions and other collegiate administrative bodies throughout the duration of the state of health emergency, recently extended until February 16, 2021 by the legislator, increased by a month.

In addition, in the event that their renewal or replacement involves an election which cannot be carried out by the administrations in a dematerialized manner, the ordinance allows the extension of the mandates of the members of the deliberative bodies of the bodies. , colleges or even committees so that they can continue to sit in full legal certainty. However, this extension may not exceed April 30, 2021. The ordinance thus aims to guarantee the continuity of the deliberative or executive bodies of these structures.



The Minister of the Economy, Finance and Recovery presented, on the one hand, an ordinance relating to the resolution regime in the banking sector and, on the other hand, an ordinance containing various provisions for adapting the legislation to the law. of the European Union in financial matters.

These ordinances transpose into French law two European directives on capital requirements (CRD5) and on bank recovery and resolution (BRRD2). These directives, resulting from the banking risk reduction package, help to strengthen financial stability within the European Union and represent a further step towards the completion of the Banking Union.

These texts will contribute in particular to improving the way in which risks are assessed within banking establishments. They also allow a substantial increase in the volume of resources that can be mobilized in the event of failure to absorb losses. Finally, these texts translate into law, within the framework of a so-called “resolution” procedure, the objective of restoring the solvency of a bank without resorting to public funds, while protecting individual investors and depositors.

Thanks to the Banking Union, better cross-border integration of European banking groups is made possible, for the benefit of financing the real economy. The supervision of the European subsidiaries of large foreign groups is reinforced. Other provisions clarify the procedures for setting capital requirements as well as the rules for calculating capital buffers.

Finally, these texts provide for a number of provisions relating to mutual banking groups in order to take account of their specificities.


The Minister of Labor, Employment and Integration has presented an ordinance on emergency measures for partial activity.

Taken on the basis of article 10 of law n ° 2020-1379 of November 14, 2020 authorizing the extension of the state of health emergency and establishing various measures for managing the health crisis, this ordinance extends a number of measures taken in 2020 with regard to partial activity in order to maintain the support measures for businesses while supporting the resumption of activity.

In particular, the measures relating to partial activity which have enabled the extension of the categories of beneficiaries, the system applicable to vulnerable employees, as well as the possibility of modulating the allowance and indemnity rates according to the sectors of employment are extended. business activity and characteristics.

The option of modulating these rates according to a geographical criterion is also introduced in order to take into account the particular situation of territories in which specific restrictive measures linked to covid-19 are taken.

With regard to the employees of private employers, following the announcements made on November 20, a partial activity system has been set up for the months of November and December from which the employees of private employers may benefit for unauthorized activities. during confinement (home lessons except tutoring in particular), employees whose private employer exercises a self-employed activity stopped due to health measures, as well as vulnerable employees, likely to develop serious forms of Covid-19, of private employers . This system, managed by the CESU and PAJEMPLOI centers, may be extended in 2021, for a period to be announced shortly.


The Minister of Culture presented an order transposing Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13 / EU aimed at coordinating certain legislative, regulatory and administrative provisions of the Member States relating to the provision of audiovisual media services (AVMS), taking into account the evolution of market realities, and amending the law of September 30, 1986 on freedom of communication, the Cinema and animated image, as well as the deadlines relating to the exploitation of cinematographic works.

By modifying Directive 2010/13 / EU of March 10, 2010, the new directive of November 14, 2018 includes a particularly important innovation which allows each Member State of the European Union to apply its contribution regime to the production of works cinematographic and audiovisual services to on-demand television and audiovisual media under the jurisdiction of another Member State and which target its territory, by way of derogation from the so-called country of origin principle.

The French authorities obtained this major step forward in the defense of cultural exception within the framework of the negotiation of this new directive, which began in 2013.

This directive was to be transposed no later than September 19, 2020 by the bill tabled in the National Assembly on December 5, 2019 relating to audiovisual communication and cultural sovereignty in the digital age.

In view of the health crisis, however, its examination was interrupted after its adoption by the National Assembly’s Committee on Cultural Affairs and Education on March 5, 2020.

This ordinance has two objectives:

– ensure the sustainability of our production financing system, particularly independent;

– and guarantee fairness between French broadcasters and global platforms.

The new directive of November 14, 2018 also includes another important innovation: the extension of audiovisual regulation to video sharing platforms. To take into account the now decisive role of these platforms, the directive requires Member States to take appropriate measures to protect, on the one hand, minors of programs, videos created by users and audiovisual commercial communications likely to alter their physical, mental or moral development, and on the other hand, the general public of broadcasts, videos created by users and audiovisual commercial communications that contain incitement to violence or hatred or the broadcasting of which constitutes a criminal offense in Union law. Taking into account the principle of the country of origin, the Superior Audiovisual Council (CSA) will regulate the platforms established on the national territory.

The ordinance thus creates a new Title IV within the aforementioned law of September 30, 1986, notably establishing the new regime applicable to video sharing platforms.

The ordinance also transposes several other measures, which offer new guarantees and protections to audiences and publishers:

– prohibition in programs of provocation to the commission of acts of terrorism and strengthening of the rules for the protection of minors by prohibiting service providers from processing minors’ personal data for commercial purposes;

– general mission entrusted to the CSA in terms of accessibility to people with disabilities of television and audiovisual media on demand programs;

– promotion by the CSA of the conclusion of codes of good conduct by the editors in matters of food advertising;

– new missions entrusted to the CSA in terms of protecting the integrity of the signal of audiovisual communication services and highlighting audiovisual services of general interest on new interfaces for accessing audiovisual content.

Finally, this ordinance allows the Government to set, by decree, a deadline for the renegotiation of the professional agreement of September 6, 2018 relating to the chronology of the media, after which it may, by decree in the Council of State , in the event of failure of the negotiations, temporarily establish the duration and the modalities of the windows of exploitation which do not result from the law.


The Minister of Transformation and Public Service and the Minister of Higher Education, Research and Innovation presented an ordinance relating to the organization of examinations and competitions during the health crisis born from the epidemic of covid-19.

In order to take into account the difficulties that this epidemic continues to pose to the organization of higher education and the public service, this ordinance, taken in application of article 10 of the law of 14 November 2020 authorizing the extension of the state of health emergency and carrying various measures for managing the health crisis, makes it possible to maintain the ability to adapt the methods of access to higher education training and the issuance of diplomas, including the baccalaureate, as well as those relating to the access routes to the corps, job executives, grades and jobs of public officials.

These adjustments can only be implemented to the extent that they are necessary to deal with the consequences of the spread of the epidemic and the measures taken to limit this spread, and must be made in strict compliance with the principle of equality. processing of applicants. They may relate to the nature of the events, their number, their content, their coefficient or their organizational conditions. The composition of the jury, the quorum rules and the modalities of deliberation may also be adjusted.

Regarding the modalities of access to higher education training courses and the issuance of higher education diplomas, including the baccalaureate, the provisions of the ordinance are applicable from January 1 to October 31, 2021 inclusive, to cover without interruption the entire school or university year.

Regarding the access routes to the public service, the provisions of the ordinance are applicable from January 1 to April 30, 2021, during which time the regulations applicable to the tests may be adapted if the health situation so requires. During this period, it will be possible to fill vacant posts using the complementary lists of previous competitions. Registration on the lists of aptitudes in the territorial public service will be extended by four months from January 1, 2021.



The Minister of Economy, Finance and Recovery presented an update on the priority reforms of the Ministry of Economy, Finance and Recovery.

While the opening of the withholding tax levy since 2019 has been a success, the Ministry of the Economy, Finance and Recovery is leading several public policies that find concrete expression for individuals and businesses alike.

Developing the sharing of value within companies is a major objective for the Ministry of the Economy, Finance and Recovery, which notably involves increasing the number of employees covered by a profit-sharing or profit-sharing agreement. . The value-sharing mechanisms make it possible to strengthen the common interest of employees, employers and shareholders in the service of the smooth running of the company, the search for collective performance and the joint achievement of social goals. In addition, they boost the purchasing power of employees and help put savings at the service of long-term financing of the economy, while offering products that are attractive to savers. Finally, they allow all employees to benefit from the public resources invested in supporting the economy, as part of the recovery.

Law n ° 2019-486 of 22 May 2019 relating to the growth and transformation of companies, known as the PACTE law, introduced significant incentives for the development of value-added sharing in companies and created the conditions for development massive incentive. Containment, however, slowed down the implementation of systems, negotiations of branch agreements having been suspended.

The goal is that by the end of the five-year term, at least 3 million employees can benefit from a value-sharing scheme in companies where the social package has been removed.

Various measures have therefore been taken to revive the momentum in 2021. 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 from the United Kingdom. Uni of the European Union has deepened the simplifications introduced by the PACTE law, in particular by widening the possibilities for the unilateral implementation of a profit-sharing agreement in the smallest companies. A consultation on value sharing was launched by the Prime Minister during the social dialogue conference on October 26, 2020, with the objective of concluding it in the first quarter of 2021.

In addition, in the current context, the ministry is fully mobilized for the deployment of France Relance designed to meet the challenges facing France in 2030 (improvement of the French offer, decarbonization of the economy, training and the development of qualifications) while supporting the recovery in activity and the economic rebound as in the third quarter of 2020.

As part of the recovery, the digital transformation of very small businesses (VSEs) and small and medium-sized enterprises (SMEs) is essential for their economic development, their resilience, and the legibility of their positioning is a key component of France Relance. France Relance thus supports VSEs and SMEs in their digital transformation by helping them identify and use the tools most suited to their needs: develop their sales; manage relationships with their customers, suppliers and employees; optimize the promotion of their products and services; win time. Today, only 37% of VSEs / SMEs have an institutional website (9% a commercial site and 5% sell on marketplaces) and France ranks 11th in the European DESI ranking (Digital economy and society index , dimension 4 for the integration of technologies by companies.).

In the context of the second confinement, with “click my business”, measures of the recovery plan were anticipated from 2020 and amplified to support VSEs / SMEs to sell remotely and encourage local authorities to set up collective digital solutions .

France Relance must in particular allow 30,000 VSEs / SMEs to have a digital diagnosis and an individualized action plan by 2022, 120,000 VSEs / SMEs to benefit from a digital check of € 500 for help set up digital tools or support and 200,000 VSEs / SMEs to follow a training course, which meets a concrete need by setting up a digital tool.

In addition to these actions, a consultation by sectoral branches is underway: it will help identify and support collective digitization projects specific to certain sectors of activity (construction, clothing, liberal professions, etc.).

Alongside these actions aimed at all VSEs, SMEs and mid-size companies (ETI), another priority measure implemented within the framework of France Relance is to support industrial companies in the digital transformation of their processes and support for industrial investments by companies in more modern and digital equipment. To this end, the State has signed a partnership with each regional council making it possible to provide support programs for industrial SMEs / mid-caps, aimed at offering these companies a diagnosis allowing them to define a detailed roadmap for their future. investments in the technologies of the industry of the future. In addition, a subsidy window for investments in these technologies was opened at the end of October 2020 and aims to broadly support the industrial fabric in these acquisitions.

Another priority reform of the Ministry of the Economy, Finance and Recovery is the relocation of production from certain critical sectors to the national territory as part of France Relance. The health crisis has exposed vulnerabilities in the fragmented and interdependent production and supply chains. With France Relance, the Government is supporting industrial investment in critical sectors, in order to reduce our dependence on production outside France and Europe, and to create economic value in the region.

Five strategic industrial sectors have been identified: health, agri-food, electronics, industrial inputs (chemicals, certain metals, for example) and 5G. A call for projects has been open since September 2020 and has met with great success with nearly 800 industrial projects, which submitted their applications by November 17, 2020 and 38 winners have already been decided. The total amount of aid granted amounts to € 123 million; that of investments to € 740 million in industrial investments corresponding to the projects supported, which helped to consolidate 5,000 jobs.

Building on this success, the call for projects was renewed on November 19 to continue to support, without waiting for 2021, industrial projects making it possible to increase the resilience of our economic fabric. With the € 600 million budget planned under France Relance over 2020-2022, the Ministry of the Economy, Finance and Recovery aims to support 200 companies and € 3.5 billion in investments.

The Ministry of the Economy, Finance and Recovery is carrying out other priority actions materializing in the lives of French people and businesses. Following the implementation of the withholding tax, the ministry is continuing to support the French so that they take ownership of its terms. As part of an ecological revival, the ministry is pursuing industry decarbonization goals. Finally, the ministry in relation with the ministry of territorial cohesion is mobilizing so that the relaunch allows the support of all French people in the use of digital technology, throughout the territory with a goal of social and territorial inclusion through the digital.


The Council of Ministers adopted the following individual measures:

On the proposal of the Prime Minister:

– Mr. Rémi SCHENBERG is appointed master advisor in extraordinary service at the Court of Auditors, as of January 1, 2021.

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

– Mr. Jean BASSÈRES, Inspector General of Finance, is appointed Managing Director of Pôle emploi.

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

– Ms. Muriel LACOUE-LABARTHE, senior civil administrator, is appointed Deputy Director General of the Treasury Department, as of January 4, 2021.

On the proposal of the Minister of Agriculture and Food:

– Ms. Valérie BADUEL, Inspector General of Veterinary Public Health, is appointed Director General of Education and Research, as of January 4, 2021.

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

MIL Translation OSI