Bill to accelerate and simplify public action

Where we are ?

Council of Ministers

Deposition in parliament

6 OCTOBER 2020
Review and adoption

1st reading

On October 6, 2020, the National Assembly voted on the bill at first reading, with modifications.

The text was presented to the Council of Ministers on February 5, 2020 by Bruno Le Maire, Minister of the Economy and Finance, Gérald Darmanin, Minister of Action and Public Accounts, Agnès Pannier-Runacher, Secretary of State to by the Minister of Economy and Finance and by Olivier Dussopt, Secretary of State to the Minister of Action and Public Accounts. On March 5, 2020, the Senate adopted the text at first reading with modifications.

The accelerated procedure was initiated by the government.

> Understand the text

The primary motivation of the bill was to meet the expectations expressed during the great national debate, by transforming public action (simplification of administrative procedures, etc.). After its reading by the deputies, intervening after the health crisis, the text was enriched by many other articles, in order to accelerate the recovery of the economy. 370 amendments were voted on.

> The government's initial project

I-The abolition or grouping of advisory committees

The bill continues the movement to rationalize advisory committees, announced in November 2019 during the 4th interministerial committee for public transformation (CITP). Two decrees passed in December 2019 have already removed a large part of it. The text consolidates or removes 18 new commissions. For example, the Pre-trial Detention Monitoring Commission, the Recidivism Observatory and the National Council for Victim Assistance are disappearing. The High Council for Professional Equality and the High Council for Equality (HCE) or the Enforceable Housing Right Monitoring Committee (DALO) and the High Committee for Housing of Underprivileged People (HCLPD) are brought together in particular, .

II-Administrative decisions closer to the territories

To bring the public service closer to users, the government wants more than 99% of individual administrative decisions to be taken at the decentralized level, that is to say by the prefects and no longer by the central administrations. The text deconcentrates about fifteen administrative decisions, which require a legislative provision. Three areas are concerned: culture, economy and health.

III-Simplified procedures for citizens

Several administrative procedures are simplified such as dispensing with proof of address to obtain identity cards, passports, driving licenses, etc. (Proof of Address) or the registration procedure for the practical examination of the driving license. drive. A new service has been created so that candidates can directly or through their driving school book an examination place via the internet. The medical certificate for a child's sports practice is no longer required either. It is replaced by a parental declaration, except for high-risk sports.

The formalities for opening a popular savings account (LEP) are made easier. Individuals no longer have to bring their tax notice to their banks, which will directly check their eligibility for a LEP with the tax authorities.

The government authorization period provided for by the law of 11 August 2018 for a State in the service of a trusted society (ESSOC) (new window) has been extended, in order to allow it to reform by ordinance the reception methods of early childhood.

IV-Less constraints for companies

In the industrial sector, the bill makes it possible to simplify and better articulate administrative procedures in order to speed up industrial installations and to develop or relocate activity and jobs in the territories. The text secures the carriers of industrial projects by guaranteeing them that if the regulations, particularly in environmental matters, change during the examination of their file, the latter will be subject to those applicable to existing installations, with some exceptions. In addition, an industrial project or an existing site cannot be required to modify the structural work (fire walls, separation distances, etc.) to adapt to new regulatory provisions.

V-Other administrative procedures applicable to companies are reviewed.

The steps taken by pharmacists wishing to sell drugs online are facilitated by the transition from an authorization system to a declaration system, by the possibility of grouping together on a website common to several pharmacies and by the alleviation of certain constraints. , in particular for the sale of products other than medicines.

VI-Other provisions

An ordinance should expand the possibilities for recruiting private law contractors by the National Forestry Office (ONF). Another ordinance will define the conditions of recruitment of the persons responsible for supervising the volunteers of the universal national service (SNU).

Several measures remove provisions going beyond what is required by European directives (de-over-transposition measures). They concern the areas of finance, public procurement, electronic communications and culture.

> Examination of the text by parliamentarians

At the end of its first reading by the Senate, the bill has 86 articles, against 50 initially. The senators notably reinforced the information of the mayors on the projects of wind installations, harmonized the compensation policy for victims of nuclear tests, simplified the termination of borrower insurance contracts. In addition, a compromise was found with the government on the conditions for the sale of drugs on the Internet. The notion of “platform” is deleted (new window).

The National Assembly, in turn, largely amended the text at first reading. It re-established the abolition of several committees, questioned by the Senate, and voted on new ones. Several other amendments introduced by the Senate were removed, such as those requiring residents to report their arrival and departure from the municipality or limiting the validity of the vital card to the validity of rights. New articles to the bill were adopted, some on government amendments, on subjects as diverse as:

- the procedures relating to wind power at sea, which are simplified;

- the administrative procedure for the expulsion of squatters (notion of home extended to secondary residences, referral to the prefect extended to any person whose home is occupied and to their relatives, etc.);

- the use of energy vouchers, which is being extended on an experimental basis to accommodation for the elderly;

- public procurement rules, which are relaxed in the event of “exceptional circumstances” (new window) and for SMEs (new window). The exceptional award of certain contracts is simplified (the general interest becomes a reason for recourse to a contract concluded without advertising or competition), the access of companies in difficulty to public procurement contracts is facilitated, the system in favor of of SMEs planned for partnership contracts is extended to all global markets. In addition, until the end of 2022, the threshold for exemption from advertising and competitive tendering for the conclusion of public works contracts is raised to 100,000 euros (new window);

- experimentation on the threshold for resale at a loss for food products (new window) (resumption of an amendment from the Senate) which is extended until April 15, 2023. A specific system is planned for seasonal products.

Several changes have also been made to environmental law. Article 25, which allows the prefect to choose between an online public consultation or a public inquiry for certain projects subject to an authorization procedure, but not subject to environmental assessment, was reinstated in second deliberation at the request of the government (new The prefects will henceforth be able to set a binding deadline for the rehabilitation and restoration of brownfields, which have accommodated installations classified for environmental protection. The documents distributed to the departmental councils for the environment and health and technological risks (CODERST) will be made public and available in "open data", with some exceptions. This amendment (new window) follows the fire at the Lubrizol industrial site.

The draft text must now be examined by a joint committee.

Law Project

Virginie Gastine Menou

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