MIL OSI Translation. Government of the Republic of France statements from French to English –
LAW PROJECTS
PUBLICATION AND CERTIFICATION OF INFORMATION ON SUSTAINABILITY AND ENVIRONMENTAL, SOCIAL AND CORPORATE GOVERNANCE OBLIGATIONS OF BUSINESS COMPANIES
The Keeper of the Seals, Minister of Justice, presented a bill ratifying Ordinance No. 2023-1142 of December 6, 2023 relating to the publication and certification of information regarding sustainability and environmental and social obligations. and corporate governance of commercial companies.
Implementation of article 12 of law no. 2023-171 of March 9, 2023 establishing various provisions for adaptation to European Union law in the fields of economy, health, work, transport and agriculture, this ordinance has a double purpose:
– it first transposes the legislative provisions of Directive No. 2022/2464 of December 14, 2022 (CSRD) by strengthening the transparency obligations in terms of sustainability of large companies operating on the European market, and of all companies that are listed there;
– it requires the certification of information relating to social, environmental and governance (ESG) issues by an auditor or an accredited independent third party organization. It frames this new mission with obligations and guarantees weighing on professionals, and subjects them to the supervision of the High Audit Authority (H2A), which succeeds the High Council of Auditors (H3C).
The order then draws the consequences of this new system by simplifying, reorganizing and harmonizing several mechanisms of the existing commercial code in terms of corporate social and environmental responsibility.
It thus represents a major evolution of transparency obligations in terms of sustainability. All business stakeholders – investors, employees, customers, civil society associations – will now have easier access to detailed, standardized and comparable information at European level, and subject to independent certification. Such information is the necessary condition for rational consideration of sustainability issues in the activities of companies and in the choices concerning them.
CREDIT MANAGERS AND CREDIT BUYERS
The Minister Delegate to the Minister of the Economy, Finance and Industrial and Digital Sovereignty, responsible for public accounts, presented a draft law for the “dry” ratification of Ordinance No. 2023-1139 of December 6, 2023 relating to credit managers and credit buyers. This order transposes Directive (EU) 2021/2167 of the European Parliament and of the Council of November 24, 2021 relating to credit buyers and credit managers and amending Directives 2008/48/EC and 2014/17/EU. Entering into force on December 30, 2023, the latter comes from the 2017 European action plan to combat non-performing loans in Europe and aims to facilitate the management by banks of their stocks of these loans. To this end, it creates the conditions for the development of an integrated European market for the sale of non-performing loans, which should ultimately facilitate the transfer by banks of such loans to third parties located in the rest of the European Union.
The ratified ordinance first creates a new chapter in Book V of the Monetary and Financial Code dedicated to credit managers. This chapter introduces an obligation to have authorization for these actors, which will be issued by the Prudential Control and Resolution Authority. It also defines the conditions for intervention by credit managers, particularly in terms of their relationship with the borrower, as well as the way in which they will be monitored in the context of their activities.
The order also modifies Book III of the Consumer Code in order to specify the obligations applicable to credit managers when they manage a consumer’s non-performing loan.
The entities affected by the order will benefit from a transitional period until June 29, 2024 to comply with these new provisions.
In accordance with II of Article 17 of Law No. 2023-171 of March 9, 2023 relating to various provisions for adaptation to European Union law in the fields of economy, health, work, transport and agriculture, this ratification bill must be submitted to Parliament within three months from the publication of the ordinance.
PRESCRIPTION
MANAGEMENT OF CLIMATE RISK IN AGRICULTURE OVERSEAS
The Minister Delegate to the Minister of the Interior and Overseas Territories, responsible for overseas territories, presented an order relating to the management of climate risk in agriculture overseas.
Faced with the increasing cost of damage caused in recent years by increasingly intense and frequent climatic hazards, the system of compensation for crop losses had to be modernized overseas. Law No. 2022-298 of March 2, 2022 on guidance relating to better dissemination of harvest insurance in agriculture and reforming climate risk management tools in agriculture has thus authorized the Government to take by order measures relating to of the field of law in order to specify the principles of organization and intervention of the emergency fund for overseas territories and to determine the conditions under which overseas agricultural operators can access the national fund for risk management in agriculture ( FNGRA).
The purpose of the order, taken on the basis of article 14 of the law of March 2, 2022, is twofold. This involves, on the one hand, specifying the principles of intervention of the Overseas Relief Fund in the agricultural sector in the law and, on the other hand, opening up the harvest insurance system overseas, by adapting it.
The crop insurance system is based on equitable sharing of risk between the State, farmers and insurance companies. This is subsidized insurance which corresponds to the common law intervention of the FNGRA.
The objective is to support the development of overseas agricultural insurance. To do this, it is planned to supplement this ordinance with an experiment which will also make it possible to introduce an increased level of compensation, which exists for France under the FNGRA, in the event of a disaster.
Finally, the order includes a transitional provision making it possible to streamline the transition from the old Relief Fund system to the new system.
The order relating to climate risk management tools in overseas agriculture will therefore contribute to strengthening the resilience of overseas agricultural production in the face of climatic hazards. It reflects the Government’s commitment to overseas farmers.
The Government will quickly begin, in conjunction with professionals in the sector, the work necessary to develop the implementing texts for the ordinance, in particular with regard to thresholds and compensation rates. These regulatory texts will ensure the best possible level of compensation for overseas farmers, whether they are insured or not.
DECREES
SECURITY OF VITALLY IMPORTANT INFORMATION SYSTEMS COVERED BY GOVERNMENT CONTROL OF NUCLEAR DETERRENCE
The Minister of the Armed Forces presented a decree relating to the security of information systems of vital importance falling under government control of nuclear deterrence (SIIVCG).
SIIVCG are defined as systems for which an attack on their security or their operation could jeopardize the maintenance of the permanent nuclear deterrent posture.
The Ministry of the Armed Forces and the Chief of Staff of the Armed Forces must report to the Prime Minister and the President of the Republic on the application of measures to guarantee government control of nuclear deterrence.
In this context, the draft decree supplements the rules applicable to government control of nuclear deterrence by ensuring a specific information feedback circuit to ensure that these authorities are fully aware of any event affecting SIIVCG.
Thus, the draft decree sets the rules relating to the reporting procedures for these systems, the definition of the specific safety rules applicable to them as well as the reporting procedures for incidents affecting them.
This draft decree therefore makes it possible to strengthen detection and response capabilities to cyberattacks by ensuring that they cannot call into question the permanence of French nuclear deterrence.
REGULATORY PROVISIONS RELATING TO THE ORDER OF RELEASE
The Minister of the Armed Forces presented a decree modifying various regulatory provisions relating to the Order of the Liberation (National Council of Communes “Companion of the Liberation”).
During the burial ceremony of Hubert Germain, last Companion of the Liberation, on November 11, 2021 at Mont Valérien, the President of the Republic expressed the desire to perpetuate “the spirit of the Resistance” carried by the Order of Liberation.
The need to ensure the sustainability of the traditions of the Order of the Liberation and the transmission of the values it carries despite the disappearance of Hubert Germain required an evolution of the organization and governance of this public establishment placed under the supervision of the Minister of the Armed Forces, in order to consolidate its existence and its missions.
Article 13 of Law No. 2023-703 of August 1, 2023 relating to military programming for the years 2024 to 2030 and containing various provisions concerning defense has consequently evolved the legislative provisions governing the establishment, in particular by placing the latter under the protection of the Head of State, Grand Master of the Legion of Honor. He also designated the Grand Chancellor of the Legion of Honor, representative of the President of the Republic, as a member of the board of directors and assigned him the responsibility of ensuring respect for the founding principles of the Order.
The decree draws the consequences of these legislative developments, by modifying the composition as well as certain operating methods of the board of directors of the Order of the Liberation. Thus, the general director of school education, consistent with the mission devolved to the Order with regard to future generations, as well as the general director of external security, as director of the service heir to the central office of intelligence and action, will now be members. Furthermore, it allows the Grand Chancellor of the Legion of Honor to request a meeting of the council on an exceptional basis.
Finally, the decree draws the consequences of these modifications on the representation of the establishment in the Order in public ceremonies organized on the territory of the French Republic.
COMMUNICATION
IMPLEMENTATION OF THE GOVERNMENT’S 62 COMMITMENTS TO AGRICULTURE
The Prime Minister presented a communication relating to the implementation of the Government’s 62 commitments for agriculture.
Since 2017, the Government has always stood alongside agriculture, whether to carry out structural reforms (EGALIM, harvest insurance, etc.), respond to crises or take farmers’ fights to the European level.
Faced with the anger of farmers, expressed in recent weeks, the Government has moved forward, faithful to its method: listening, action and results.
It was after numerous trips to the field, alongside farmers, and more than thirty hours of discussions with professional farmers’ organizations, that a complete plan of 62 commitments was able to be developed.
This plan follows the course set by the President of the Republic: consolidate our agricultural sovereignty, by producing more to feed ourselves, by better protecting farmers and ensuring the transfer of farms.
Less than a month after the plan was announced, of the 62 commitments made, all are committed and more than 8 out of 10, 85% in total, have been achieved or are about to be.
Decisions are made, texts published, aid paid within the promised deadlines.
For France’s agricultural sovereignty, first of all, the inclusion of agricultural and food sovereignty and the fundamental interest of the Nation in agriculture both appear in our agricultural orientation bill.
In accordance with the commitment of the President of the Republic, this legitimate, necessary and expected recognition will be supplemented by the inclusion in the law of the major general interest character of agriculture and food, but also of fishing and aquaculture.
To better recognize the work of a farmer, considerable progress has also already been made, in particular:
– a bill against abusive recourse by those who want the campaign, but not its consequences, has been placed on the Senate agenda next month;
– the Government will encourage French consumption everywhere and a solutions conference will be held between now and April with communities, to achieve the objectives set by the EGALIM law for collective catering;
– continued work to ensure better pensions for farmers, particularly the most vulnerable.
To restore income to farmers:
– checks on compliance with the EGALIM law have been considerably strengthened (last week, nearly 1,500 checks had already been carried out on the 100 largest industrial sites and the 5 largest distributors);
– a parliamentary mission was launched to determine the changes to be made to the EGALIM law. The objective is to ensure that prices are set in the right order, according to production costs for the farmer, not according to an agreement between manufacturer and distributor. In this regard, the President of the Republic announced the establishment of floor prices, calculated according to the cost of production. They will allow a fair and adequate income for farmers;
– faced with crises (storm Ciarán, floods, epizootic hemorrhagic disease (EHD), difficulties in the wine industry), the Prime Minister announced a considerable acceleration in the payment of aid. 9.4 million euros were paid to 800 farms, more than double compared to last week. The acceleration must now continue;
– aid from the common agricultural policy (CAP) has been paid almost entirely: more than 99.5% of basic aid;
– the President of the Republic announced a cash flow aid plan, particularly for small farms.
The doors of all sub-prefectures will be open to farmers in the coming days so that they can expose their difficulties and find tailor-made solutions to help them.
To act against unfair competition, actions are also required. Thus, the President of the Republic and the Government opposed with the greatest clarity the free trade agreement between the European Union and MERCOSUR. In addition, measures to protect our farmers have been taken. As of last Friday, a decree banning the importation of food products containing thiacloprid into France was published – its use was prohibited for French and European farmers, but such imports are still possible.
To massively simplify the daily life of farmers and combat any overtransposition, numerous measures have already been taken:
– the Prime Minister announced in Haute-Garonne, 10 highly anticipated simplification measures: 3 texts have already been published, 3 are currently being examined by the Council of State and 4 require legislative modifications which will be carried out ;
– nearly 2,600 proposals for simplification, at all levels, from local to national, and in all areas, were made by farmers and reported by prefects. Their examination is underway and any simplifications that can be made will be done;
– resolute action was taken in favor of certain sectors in difficulty. For example, for livestock, over the last 7 days a livestock sovereignty plan was presented by the Minister of Agriculture and Food Sovereignty, the wolf plan was unveiled. A plan towards organic farming is announced today;
– developments have been made on the issue of phytosanitary products, on indicators to avoid any overtransposition, on zoning and against a mandatory centralized digital register of spraying. The EcoPhyto 2030 plan can now be finalized and the Government maintains its objective of halving the use of phytosanitary products by 2030.
Finally, to ensure the renewal of generations and the transmission of farms, numerous measures have been taken such as the establishment of loans guaranteed by the public authorities which, therefore, allows a reduction in interest. The mobilization of banks makes it possible to facilitate access to credit. Finally, the next budgetary year will make it possible to raise the thresholds for exemption from a certain number of taxes for the transfer of farms or the accumulation of social exemptions at the time of installation.
The Prime Minister wanted to return more specifically to the role of Europe.
Thanks to the CAP, 9 billion euros benefit French farmers each year.
Thanks to Europe, farmers have access to larger markets and French agriculture exports massively, much more than it imports. 7 to 9 billion euros in surplus every year for 10 years: hundreds of thousands of farmers make a living thanks to exports.
On many subjects, the Government has already obtained important results, for example on fallow land or on the establishment of protective measures on imports of poultry, eggs and sugar from Ukraine.
On others, work continues, such as on simplifications or even on the construction of a European EGALIM.
In a few weeks, the Government has done more for agriculture than all the majorities before it.
The Prime Minister reiterated his determination to achieve results. The implementation of the action plan will be transparent and everyone will have access to it.
Dialogue, listening and the search for solutions continue. The President of the Republic has given a new meeting point to the professional organizations of farmers within 3 weeks.
INDIVIDUAL MEASURES
The Council of Ministers adopted the following individual measures:
On the proposal of the Prime Minister:
– Ms Sophie BERGOGNE, referendum advisor at the Court of Auditors, is appointed master advisor to the Court of Auditors (2nd round);
– Mr. Jérôme BROUILLET, referendum advisor at the Court of Auditors, is appointed master advisor (2nd round);
– Ms. Nadia BOUYER, referendum advisor at the Court of Auditors, is appointed master advisor (4th round).
On the proposal of the Prime Minister and the Minister of Transformation and Public Service:
– Ms. Isabelle BRAUN-LEMAIRE, exceptional general inspector of the National Institute of Statistics and Economic Studies, is appointed interministerial delegate to the senior management of the State.
On the proposal of the Minister of the Economy, Finance and Industrial and Digital Sovereignty:
– Ms. Amélie VERDIER, general inspector of finances, is appointed general director of public finances, effective March 4, 2024;
– Mr. Jean-François DUTHEIL, director of 1st class customs services, is appointed interim general director of customs and indirect rights;
– Mr. Alban GENAIS, 1st class financial inspector, is appointed interim director of the nationally competent TRACFIN service, at the central administration of the Ministry of the Economy, Finance and Industrial and Digital Sovereignty.
– the functions of director of the nationally competent service TRACFIN exercised by Mr. Guillaume VALETTE-VALLA are terminated, at his request.
On the proposal of the Minister of the Armed Forces:
An individual measure was adopted concerning a general officer of the national navy.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and/or sentence structure not be perfect.
