Question· Question écrite22989open
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of the Interior to the long and costly problems encountered in particular by rural municipalities, which when a PLU succeeds a municipal card, it can only come into force if its municipal card is no longer in force (Council of State, opinion of November 28, 2007). However, the repeal of a municipal map, like its approval, requires a double approval after public inquiry, by deliberation of the municipal council and by prefectural decree. This procedure has a very heavy financial impact on municipal budgets. It would in fact be simpler for a PLU, approved by the municipal council by deliberation and validated by the prefect, to automatically replace a municipal card. The Government having committed to a vast plan to simplify administrative procedures, it would like to know if it intends to take measures in this direction on this specific issue and thus simplify the town planning code.
Question· Question écrite16428open
France · National Assembly
Mr. Guy Bricout questions the Minister of the Interior on, on the one hand, the number (current and future, year by year) of radar cars deployed throughout the territory, namely unmarked cars which operate in the flow of traffic, the number of flashes emitted by these vehicles and the number of reports drawn up as a result of the operation of these vehicles and, on the other hand, whether the outsourcing of the conduct of the radar cars had a direct impact on these same statistics.
Question· Question écrite19751open
France · National Assembly
Mr. Guy Bricout alerts the Minister of Solidarity and Health to the hiring of disabled workers in a framework adapted to their uniqueness. Indeed, prior to Law No. 2018-771, adopted on September 5, 2018, companies in the competitive sector and communities could fulfill their obligation to employ disabled workers by entering into subcontracting and service provision contracts with companies in the protected work sector ESAT and EA. Since the adoption of this law, this type of contract, which allowed the hiring of disabled workers in a framework adapted to their uniqueness, will only be partially authorized. Families are very worried about the terms of application of this law and fear negative consequences on the employment of people with mental disabilities with intellectual disabilities. There A disabled person with an intellectual disability has potential and room for progress whose development must be facilitated as best as possible, but they are also characterized by real difficulties and clinical invariants which make them receptive to external influences without the capacity for objective analysis. She reacts more emotionally than rationally and risks putting herself in danger. It often presents a slowness reasoning, a deficit of abstraction and above all a lack of mastery of social codes. Anxious when faced with a difficulty, she may react with disruptive behavior qualified as behavioral disorders. The classic business in the commercial sector evolves and develops in a competitive and competitive environment where agility is one of the conditions for its survival and development. This environment is hardly compatible with the much slower adaptation abilities of a person with a mental disability. Another reality: while the unemployment rate remains high in our country, employers are struggling to recruit due to lack of training and skills of job seekers without disabilities. Are these companies ready to hire workers with intellectual disabilities? Only people with mild disabilities and no disorders of the behavior can hope to integrate this competitive world. However, if the experience in an ordinary environment ended in failure, or if the company underwent restructuring with personnel restrictions, the worker must be offered the possibility of re-entering the protected work sector. If the new provisions of law 2018-771 on ORTH were to call into question the future of ESATs and EAs, this reintegration would be compromised and the intellectually disabled worker would be the victim of a career break with irreversible consequences: long-term unemployment, loss of skills, isolation. On the other hand, in areas where the unemployment rate is high and the economic fabric poor, one of the rare possibilities for people with intellectual disabilities to access social recognition through work is the ESAT or EA. These structures having also intended to be bridge devices to the ordinary environment, if this is the worker's choice. Families and workers with disabilities do not want structures that have proven themselves to be compromised. They are open to any experience of social inclusion but respecting a principle stated by an association of people with intellectual disabilities: “what you do without us you do it against us.” Through this principle, people with intellectual disabilities claim their right to self-determination. Families can only wish for social inclusion through work and access to businesses in the commercial sector, such as access to inclusive housing or even health. They no longer accept being made to feel guilty and accused of overprotection because they are legitimately concerned about the future of their child, especially when they will no longer be present to compensate for the shortcomings of a normative society which shows great difficulty in being truly inclusive and accepting difference. It is not a law, however well-intentioned, that with the wave of a magic wand will change this state of affairs. Families just want to work to change society. They wish to work to ensure that the singularity of all person is considered as one of the components of human diversity. But they believe that the social inclusion of people with disabilities requires: personalized responses taking into account the uniqueness of each person, whatever that uniqueness may be; evolving responses adapted to the evolution of society in technological, philosophical and societal terms; and above all sustainable responses secured by national solidarity. The families are asking that these criteria be taken into account in the methods of application of this law with the risk, if this is not done, of permanently excluding a good number of disabled workers with intellectual disabilities from access to employment. He wishes to act as their spokesperson and ask for their opinions on this issue.
Question· Question écrite22840open
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of the Interior to the situation of former civilian local recruitment personnel (PCRL) employed in Afghanistan. Indeed, nearly 800 Afghans, most of them interpreters, were employed by the French armed forces deployed in Afghanistan between 2001 and 2014. Without their help and their work, the French forces would have remained “deaf and mute” in this conflict. Gold when the French forces left Afghanistan, many of these former personnel were threatened with death by the Taliban, since they were accused of treachery; some were even forced to move on different occasions and hide in order to avoid reprisals from the Taliban. After several reception campaigns, a handful of them were able to obtain a visa for France. However, nearly 129 ex-PCRLs have seen, during 2018, their visa application rejected or left unanswered. Furthermore, for the last ex-PCRL repatriated to France, their reception took place in particularly difficult conditions, to the extent that, unlike their predecessors, they were no longer welcomed and supervised by the State. In this way, they had to count on the solidarity of associations, elected officials and their Afghan compatriots present in France to be able to feed themselves, find accommodation and move forward with their administrative procedures. It goes without saying, this situation is not worthy of France and the values that the country intends to promote. Also, he asks him to urgently contact the prefectural services so that these people, who have served and helped France in its fight against terrorism, are taken care of and supported with respect and recognition; it is about the honor of France.
Question· Question écrite15620open
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of Labor to the national inter-professional agreement (ANI) concluded on February 22, 2018 relating to the reform of unemployment insurance initiated at the invitation of the Government and which constitutes a response to the road map transmitted by the Ministry of Labor on December 14, 2017. Also, article 3 of the said ANI entitled: “Provisions relating to sustainable employment”, recorded the implementation work of sectoral negotiations relating to sustainable employment and moderation of the use of short employment contracts. These negotiations were to provide for two conditions: a qualitative and quantitative diagnosis of the use of short contracts, and the setting of measurable quantitative and qualitative objectives. The result of these branch negotiations was to be assessed no later than December 31, 2018, with a progress report as of July 31, 2018. However, article 57 of law no. 2018-771 of September 5, 2018, for “Freedom to choose one's professional future”, ignores the terms of the ANI of February 22, 2018, and refers again, on the basis of a framing letter from the Prime Minister, the subject of short contracts to the anticipated inter-professional negotiation of the future unemployment insurance agreement which should be concluded in mid-January 2019. However, the actors interprofessional representatives wanted to fully commit to this approach on the basis of trust between the Government and the social partners. This is also the case of the cleaning professions branch, which wished to respect the terms of the ANI of February 22, 2018, by presenting the conclusions of its branch diagnosis established with Unedic, in June 2018. This diagnosis resulted in signature in September 2018, with 90% of its union representation, of two joint agreements: on the one hand that of “moderation of the use of short employment contracts” and on the other hand “on the rules governing fixed-term contracts and CTT”. This question of short contracts is at the heart of the economic activity of the cleaning branch, because, if the branch has 83% permanent contracts and 17% fixed-term contracts, 74% of them intervene for reasons of replacing absent employees, including Hygiene reasons (especially for schools and hospitals, etc.) require the imperative continuity of service expected by customers. Thus, he asks whether 1) The professional branches which, like cleanliness, have already committed to moderating the use of so-called short contracts, will be exempt from the implementation of the bonus-malus announced by the Government 2) In order to clarify its intentions and the scope of this measure, the Government may specify the notion of contracts referred to in article 52 of the law for the freedom to choose one's professional future.
Question· Question écrite15555open
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of Solidarity and Health to the proposals resulting from the work of the health commission that he set up upon his election. Faced with the increase in the number of professionals leaving osteopathy schools and the intellectual and practical impoverishment of young graduates, the members, including an osteopath, propose modifying the training course in the following way. following: creation of a 3-year university course delivering a health profession license; during these 3 years, allow students access to different hospital services in order to practice assessments specific to each professional specificity; after obtaining this health license, allow access to private schools providing practical osteopathy training in 2 years with the delivery of a state diploma osteopath (D.E.O.); require schools to welcome experienced external osteopaths to supervise practical teaching and examinations, in order to guarantee patients quality care while respecting ethics, and professionals serious training leading to a promising future. He would like to know his opinion on these benevolent proposals.
Question· Question écrite16034open
France · National Assembly
Mr. Guy Bricout questions the Minister of Action and Public Accounts on the fact of being kind enough to indicate to him, year by year, since 1988, on the one hand, the number of French taxpayers who have carried out a tax expatriation and the amount of assets and income concerned, on the other hand, the overall loss which has resulted for public finances including in respect of property taxes and inheritance taxes not collected that of VAT not collected on goods consumed by these expatriates.
Question· Question écrite16403answered
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of the Interior to the need to clearly identify the effects of changing the speed limit to 80 km/h on two-way roads without a central divider. Indeed, the annual accidentology report from the National Interministerial Road Safety Observatory (ONISR) presents numerous variables which make it possible to analyze road safety data (accidentology by department, type of road, user, age group, gender, etc.). Isolation of data relating to sections of roads with a maximum authorized speed of 80 km/h in Road Safety mortality and accident reports would facilitate the analysis of the effects of moving to 80 km/h. He therefore asks him to kindly indicate to him whether he intends to give clear and precise instructions so that the data from the portions limited to 80 km/h in the road safety mortality and accident reports, starting with the next report.
Question· Question écrite19777open
France · National Assembly
Mr. Guy Bricout questions the Minister of Solidarity and Health about medical studies, the specific provisions for state-certified nurses and the current reform. Indeed, the current common system is that sanctioned by the end of PACES competition, the number of places being fixed by decree corresponding to the numerus clausus. The number of registrations in PACES is a maximum of two registrations. For qualified nurses of State (IDE), it is necessary to differentiate several possibilities: IDEs with two years of exercise and having never carried out a PACES and IDEs with two years of exercise and having already carried out one or two PACES. FDIs who have never benefited from PACES can register for PACES (twice) while benefiting from the paramedical numerus clausus, this is a number of places reserved specifically for FDIs. But they can also apply for direct access to the second year of medical studies. However, it is only possible to apply twice for this gateway. This gateway takes place in two stages: the first is the eligibility phase during which the candidate sends a cover letter and a curriculum vitae to their examination center. If he is selected, he will be summoned for the admission phase for an interview with a jury. The character arbitrariness of the gateway is then obvious. IDEs who have already benefited from PACES can also register for PACES by benefiting from the paramedical numerus clausus, but this time, only one registration is possible. They can also apply for the bridge relating to the aforementioned decree, but this time only one application can be submitted. The current reform provides for the removal of the numerus clausus. Thus, for the IDE, the only route of access would be direct access to the second year of medical studies. The MP mentions the case in his constituency of a state-certified nurse, who was enrolled twice in PACES. His wish is to study medicine. When he began his nursing studies, he knew of the existence of the paramedical numerus clausus, and that is partly why he chose this path. Then came the footbridge open to paramedics. These two specific access methods for paramedics highlight their skills. The medical numerus clausus sanctions one year of acquisition of knowledge, while the gateway is arbitrary. With the removal of the paramedical numerus clausus, only the direct access gateway will remain, with its conditions. He would like to know if the services of the Ministry of Health intend to take take this aspect of the current reform into account.
Question· Question écrite21649open
France · National Assembly
M. Guy Bricout attire l'attention de M. le ministre de l'agriculture et de l'alimentation sur les conditions d'utilisation des produits phytosanitaires à proximité des habitations. La profession agricole s'est engagée conformément à la loi EGALIM, à composer des chartes de bonnes pratiques dans un souci du « bien vivre ensemble ». Cette charte vise à favoriser le dialogue entre les agriculteurs, riverains, organismes professionnels, élus locaux et associations de défense des riverains ou de protection à l'environnement. Le 27 juin 2019, s'est tenue une réunion de groupe technique « Protection des populations et de l'environnement » du plan d'actions gouvernementales sur les produits phytosanitaires. Lors de cette réunion, il a été évoqué de réécrire l'arrêté de 2017 et le décret d'application de la loi EGALIM imposant un dispositif cumulatif d'obligations à inscrire dans les chartes : une information préalable des riverains de 12 heures avant traitement ; des dates ou des horaires adaptés ; des zones de non traitement systématiques à respecter d'au minimum 5 mètres pour les cultures basses et de 10 mètres pour les cultures hautes avec possibilité de réduction à 3 et 5 mètres respectivement en cas d'utilisation de matériel anti-dérives définis par le ministère de l'agriculture. Cette zone non traitée serait de 10 mètres incompressibles pour les produits CMR1 et les très toxiques. Ces nouvelles mesures d'ordres réglementaires tendent à répondre aux craintes et aux peurs sincères des Français qui ne peuvent être ignorées quant à l'utilisation des phytosanitaires. Le Gouvernement souhaite y répondre rapidement, seulement, il faut se rendre à l'évidence que l'élaboration d'une charte n'est pas un exercice facile et qu'il faille composer avec tous les acteurs. Par conséquent, la création d'une charte n'est pas instantanée. La forme employée par le Gouvernement est regrettable, dicter toujours plus de contraintes à la profession entraîne une véritable lassitude des acteurs. En imposant ces contraintes M. le ministre participe à la rupture des échanges, les discussions seront alors fermées, les affaires seront traitées au tribunal et le mépris envers l'agriculture et ses méthodes ne sera que renforcé. Le contrat de solutions présenté le 27 juin 2019 est démuni de toutes solutions. Quelles options sont possibles pour prévenir les riverains 12 heures avant les traitements ? Est-il nécessaire de rappeler que les agriculteurs sont soumis aux aléas climatiques et que cette mesure risque de multiplier les fausses alertes, et générer plus de confusion encore ? En agriculture conventionnelle, une zone non traitée est une zone de non récolte, subséquemment, ces mesures conduisent à des pertes importantes des surfaces de production et n'impactent pas les agriculteurs de façon égale. Les agriculteurs en zone périurbaine seront davantage concernés que les agriculteurs plus ruraux. La réduction de 2 % des surfaces exploitables entraîne une perte supérieure à 2 % pour l'agriculteur, les charges variables vont bien évidemment être réduites proportionnellement soit 2 % dans cet exemple, seulement les charges fixes insensibles viendront s'ajouter aux charges variables. La profession agricole est consciente des craintes des Français en matière d'agriculture et souhaite contribuer à la construction d'une relation de confiance durable. Ainsi, il souhaite savoir si le Gouvernement va réaliser une étude d'impact et accorder plus de considération envers les acteurs qui s'activent chaque jour pour répondre aux besoins vitaux humains.
Question· Question écrite13619open
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of the Interior to the implementation of the post-parking package (FPS) and its extremely damaging organizational and economic consequences which are currently weighing on shared mobility operators. Whereas previously rental companies had the option, in the event of a parking fine, to name the tenant responsible, now they must first pay the FPS payment then then turn against the tenant in order to recover the amount. This situation is extremely detrimental to the rights and interests of shared mobility operators as well as tenant customers. Indeed, current legislation does not allow these operators to transfer, in the context of their activity, the responsibility for paying the FPS to the actual driver of the vehicle. In the situation present, any clause introducing, into the general conditions of rental contracts, the automatic passing on of the FPS charge to the customer would be qualified as an unfair clause with regard to consumer law. This situation has considerable financial consequences and goes so far as to call into question the economic sustainability of shared mobility companies. Indeed, the FPS amounts are sometimes well higher than that of the average daily profit from short-term rental of a vehicle. He asks that this situation, which is particularly damaging to the activity of shared mobility operators, finds a rapid legislative solution in order to reestablish a mechanism for designating the responsible tenant.
Question· Question écrite13514open
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of the Interior to the behavior of Travelers. Indeed, some arriving with hundreds of caravans have gotten into the habit of squatting, either on old runways belonging to disused air bases, or even industrial wastelands, also using illegal connections to drinking water or electricity networks. The consequence is that those responsible local authorities can't take it anymore, for example the municipality of Niergnies. Unfortunately, despite the good will of local elected officials, it still happens too often that the infrastructures, built and then made available to the applicants, are ransacked, vandalized and thus the tension rises to the point that the police are called to put an end to the incivility and other threats towards the elected officials as well as the populations. The Government is asked to guarantee the right to property, to compensate the victims and to prosecute the perpetrators of this destruction. Even if nomadism is a right deriving from natural law since there were once, in the history of humanity, peoples seeking means of subsistence in nature before they became sedentary, the general interest is that the needs of the parties are satisfied, he asks him to provide clarification on this question.
Question· Question écrite11734open
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of Agriculture and Food to the threats that would weigh on the exemption system for the employment of occasional agricultural workers (TO-DE). This system could be abolished by the Government on January 1, 2019. This measure would financially impact farmers to the tune of 178 million euros, applied to the 2016 seasonal payroll. The loss financial, for an employer with a seasonal contract for one month for a salary of 1.10 SMIC (SMIC+ ICCP) would be 189 euros. On this basis, the overall loss recorded for farmers in the Hauts-de-France region, who register 37,995 TO-DE contracts, would amount to 7,181,055 euros per year. The general reduction in charges envisaged by the abolition of the CICE will not compensate for the announced abolition of this exemption. The sectors heavily employers of casual labor, in particular arboriculture, market gardening, horticulture, seed producers and viticulture, will be directly penalized, further degrading their competitiveness, even though France must face fierce competition from neighboring countries. He asks him if the Government plans to sustainably compensate for this loss which threatens the relocation of production. agricultural and the rapid decline of a sector of activity which employs 14% of French workers.
Question· Question écrite11021open
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of State, Minister of Ecological and Inclusive Transition, to the lack of information available to many elected officials and more particularly to mayors when asked about the installation of Linky meters. Indeed, many of them, particularly in his constituency, find themselves helpless in the face of requests from their constituents or anti-Linky collectives who refuse categorically the installation of meters arguing in particular, malfunctions, health risks and non-respect of private life. Thus, while the National Agency for Food, Environmental and Occupational Health Safety (ANSES) has confirmed, through in-depth studies, that the Linky meter has no impact on health, it turns out that a good number of French people continue to question this data scientists. Elected officials, and particularly mayors, find themselves torn between two discourses without benefiting from sufficiently tangible information supports, both legislative and scientific, to help in their decision-making. Also, he would like him to be able to tell him exactly what the legislation is in force and what room for maneuver elected officials, particularly mayors, have in this matter and whether he plans to develop information on the methods of deploying the Linky meter to these same elected officials.
Question· Question écrite13625open
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of the Interior to the implementation of the post-parking package (FPS) and its extremely damaging organizational and economic consequences which are currently weighing on shared mobility operators. Whereas previously rental companies had the option, in the event of a parking fine, to name the tenant responsible, now they must first pay the FPS payment then then turn against the tenant in order to recover the amount. This situation poses several major difficulties for shared mobility operators but also for rental customers. On the one hand, current legislation does not allow these operators to transfer, in the context of their activity, the responsibility for paying the FPS to the actual driver of the vehicle. Moreover, in In the event that the customer wishes to challenge the validity of the FPS, the law does not allow him to do so because the challenge can only be made by the holder of the registration certificate, in this case the shared mobility operator. This attack on the right to contest the FPS reveals a breach of the principle of constitutional value of the right to appeal. Furthermore, this situation has financial consequences considerable and goes so far as to call into question the economic sustainability of shared mobility companies. In fact, the FPS amounts are sometimes much higher than that of the average daily profit from short-term rental of a vehicle. Faced with this observation, he asks that a modification of the MAPTAM law be considered in order to reestablish a mechanism for designating the responsible tenant.
Question· Question écrite1436answered
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister, to the Minister of State, Minister of Ecological and Inclusive Transition, responsible for transport, to the deadlines for transmitting the diploma and the driving title allowing one to exercise the profession of road driver. It turns out that at present job seekers in this sector and transport companies are particularly penalized by the system in place which induces far too long delays between the moment when the future driver passes his professional exam and the moment when he can actually start practicing. Thus, between the time it takes for the diploma to be transmitted by the Labor Department, the validation of the permit at the prefecture, the printing of the permit and its receipt by the person concerned, it often takes between 5 to 10 weeks. Such delays have the effect of discouraging transport companies to hire under work-study contracts since the young people thus recruited cannot ultimately start working until several weeks after the start of their contract. Also, given the economic and social impact of this dysfunction, he asks her if she plans to find a suitable solution which could be, for example, to model the new graduate's authorization to practice on the same rules as FIMO, that is to say with the report of obtaining the title in its possession.
Question· Question écrite11113answered
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of Solidarity and Health to the concerns of the Association for Disabled Adults and Young People APAJH Nord. It turns out that the goals of this association are clearly stated in its statutes, namely: the creation and development of economic structures capable of integrating people with disabilities into protected or ordinary work environments. Thus, the activity of their adapted companies clearly aims to make access to work possible for employees with disabilities, to support and accompany the emergence and consolidation of their professional project with a view to their development and promotion. To take two examples, the adapted company Le Sextant based in Lille has specialized in the cleaning sector and works with numerous service providers and public authorities. She is therefore identified with INSEE by an NAF code “Help through work” (code 8810C). The same goes for the adapted company “Challenge” located in Caudry which provides several types of services (green spaces, packaging of various textile items, cleanliness, etc.). However, on April 17, 2018, APAJH Nord received an email from DIRECCTE asking it to modify the NAF code of its adapted companies so that it reflects the activity they actually carry out. He therefore asks them to reconsider code 8810 C “help through work” which nevertheless corresponds perfectly to their social mission: to employ people with disabilities who have difficulty accessing employment. Modifying these NAF codes would, however, have a certain number of non-negligible consequences: calling into question the model of these structures and the financing from which they benefit to compensate for the handicap, an instability due to the regular change of the NAF code of the main activity according to the turnover depending on the years. Such a change would also lead to inextricable situations. Thus, if the NAF code of the main activity of the adapted company Le Sextant was that of the cleaning activity (81.2) and the application of its collective agreement this would induce the obligation to apply the appendix 7 of this agreement and therefore the recovery of the service provider's employees in the event of a market recovery. From then on it would become impossible for Le Sextant to respect both this appendix 7 and its obligation as an adapted company to hire 80% of employees with disabilities in its production workforce. Faced with so many complexities which risk seriously slowing down the activity of this association, which is nevertheless essential, he would like know her position and how she would consider resolving this situation.
Question· Question écrite14121open
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of Agriculture and Food to the issue of ragweed. 1.2 million French people are victims of pollen allergies from this species which is growing rapidly in 2018 and which is causing problems with loss of biodiversity due to its invasive nature. Ragweed easily colonizes any non-vegetated space. This is why it is particularly developing in agricultural plots and more particularly in spring crops with low coverage such as sunflowers. The issue of weeding sunflower plots is essential so that producers can continue to have satisfactory yields and quality production. A reduction in surface area has already been observed, which is causing bee starvation. Indeed, sunflower is one of the main crops melliferae. 60% of French honey production depends on rapeseed and sunflower. It is therefore the entire beekeeping sector which is today worried about its future and that of the pollination service. Farmers must also benefit from advanced agronomic support: sowing under cover, extending rotations, shifting sowing dates, etc. Finally, tomorrow's solutions will be the fruit of scientific research. and technical. If biological control of ragweed is not yet possible today, it may be possible tomorrow thanks to the mobilization of research. Also, he asks how the Government intends to sustainably ensure farmers' access to all the means of combating ragweed and support them in the field: manual uprooting, hoeing of crops, use of tolerant sunflower varieties allowing selective post-emergence weeding (VTH), establishment of false seedlings.
Question· Question écrite13618open
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister, to the Minister of State, Minister for Ecological and Inclusive Transition, responsible for transport, to the implementation of the post-parking package (FPS) and its extremely damaging organizational and economic consequences which are currently weighing on shared mobility operators. Whereas previously, rental companies had the possibility, in the event of a fine of parking, to designate the tenant responsible, from now on, they must first pay the FPS payment and then turn against the tenant in order to recover the amount. This situation is extremely detrimental to the rights and interests of shared mobility operators as well as tenant customers. In fact, current legislation does not allow these operators to transfer, in the context of their activity, the responsibility for payment of FPS rests with the actual driver of the vehicle. Any clause introducing the automatic passing on of the FPS charge to the customer would be qualified as an unfair clause under consumer law. The financial consequences are considerable and go so far as to call into question the economic sustainability of shared mobility companies. Indeed, the FPS amounts are sometimes much higher than that of the average daily profit from the short-term rental of a vehicle. It is important to emphasize that the players in shared mobility provide a response adapted to the mobility needs of users, represent an alternative to vehicle ownership and strongly contribute to the virtuous renewal of the vehicle fleet; rental fleets are made up of recent vehicles renewed on average every 6 month. The mobility orientation bill must respond to the problems of daily mobility for users, he asks that a mechanism for designating the client of the shared mobility operator be considered in the mobility orientation bill.
Question· Question écrite15939answered
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of Action and Public Accounts to the financial solidarity procedure provided for by the social security code. In order to bring in contributions more quickly, the URSSAF is using the financial solidarity procedure more and more frequently for customers ordering self-employed workers recovered in the context of hidden work. Practically, the The ordering party is obliged to verify, via a vigilance certificate, that the person is up to date with their declaration and payment obligations (since the conclusion of a contract concerns an obligation of a certain value: 5,000 euros excluding tax - CSS art L. 243-15, labor code articles L. 8222-1 and D. 8222-5). Failing to be up to date with its obligations, the principal will be required to pay the contributions jointly and severally. social security of the subcontractor. It is clear that this procedure, which increases the administrative obligations of companies, amounts more to ensuring the recovery of contributions than to fighting against hidden work (knowing, as an interministerial circular indicates that the joint debtor is "generally much more financially solvent than the author of the hidden work"; Dilti interministerial circular of 31 December 2005 relating to the financial solidarity of principals in matters of hidden work, BO Ministry of Employment, 2006, no. 3). However, the law offers few guarantees to principals to defend themselves against the claims of the URSSAF. Thus, for lack of details in the texts, the case law decides that the URSSAF is not required to attach the report establishing the concealed work (Cass civ.2°. October 13, 2011 appeal no. 10-19386); likewise, the recovery body is not obliged to indicate the employees affected by the violation. The means of defense therefore prove to be complicated to say the least and many contributors are confronted with arbitrary decisions. He therefore asks what the Government intends to propose in order to improve the contradictory nature of this procedure.
Question· Question écrite12272answered
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of Culture to the situation of Caudry lace companies which are seeing their market decline due to the exponential development of an industry in emerging countries, with low labor costs and unscrupulous regional know-how and employment and the resurgence of copies of their designs having forced them to double the cost of counterfeiting procedures. He calls its attention to the opportunity for the controlled designation of origin “Dentelle Calais Caudry”, pride and heritage of the Hauts-de-France region, to see its “lace process” included in the register of French cultural heritage in order to be better protected. He asks him what the Government's position is on the subject.
Question· Question écrite11083answered
France · National Assembly
Mr. Guy Bricout questions the Minister of Solidarity and Health about the recognition and treatment of fibromyalgia. Fibromyalgia, a pathology officially recognized since 1992, appears in the ICD 10 (international classification of diseases) under the number M79.7 since 2006. In 2009, the European Parliament adopted a declaration so that this syndrome is recognized in its own right. The collective expertise engaged by INSERM, whose report has been promised for 5 years, is finally scheduled for March 2019 and as the Minister announced, it will only be a first working basis for the HAS. But the sick cannot wait for this report because their number is growing and their daily suffering, some for 40 years! The causes, recognition, management and treatment of the disease remain without progress due to lack of a research budget. assigned to fibromyalgia, yet requested by patient associations. It is now necessary to allow people affected by recognition, consistent and harmonized treatment between specialists, between departmental centers for disabled people, between health funds to avoid financial and social insecurity. In fact, the pain centers are saturated and the appointments are too far apart. The “skip the line” experiment no longer seems to be relevant and yet it began in 2016, the associations are still waiting for its return. He asks him if the Government intends to provide pain centers with increased personnel and material resources in the absence of effective and reimbursed therapeutic treatments.
Question· Question écrite11082open
France · National Assembly
Mr. Guy Bricout draws the attention of the Minister of Solidarity and Health to the financing of research into cancers and fatal diseases in children. If we take the example of cancer, it kills 500 children in France and 6,000 in Europe each year, the equivalent of 240 school classes. In France, despite the tripling of the number of children included in clinical trials between 2007 and 2015 (853 children in 2007, 2,443 in 2015 according to the National Cancer Institute), the number of child deaths from this disease has not declined over this period. Even if it allowed progress between the 50s and 80s, we clearly cannot limit ourselves to clinical research on diseases, some specific to children. A very informative benchmark was carried out by American associations, in collaboration with a French association member of the “Growing up without cancer” federation. In recent years, Barack Obama's government has intervened on regulations, notably by passing the Creating Hope act which rewards drug manufacturers who market treatments for cancers and fatal childhood illnesses. But he was able to see that incentive measures alone, similar to European pediatric regulations, were not enough. This is why the President Obama signed the Gabriella Miller Kids First Research Act in 2014. Continuing on, the Republicans worked on the Kids First Research Act 2 which guarantees earmarked funding, in addition to existing resources, greater than France per capita, for childhood cancers and fatal diseases. This intervention of the public force, engraved in the law, promotes stability and allows the emergence of projects ambitious. In France, most pediatric research is financed by associations, often created by parents of deceased children (like “Le smile de Lucie” and many others). Unfortunately, they cannot provide all the necessary means. Many projects on childhood cancers and fatal diseases exist but there is a lack of money. It would be possible for him to introduce him to numerous researchers who are organizing themselves, who come together but who spend a “crazy time” responding to calls for projects in vain. Many are tempted to give up on pediatric research or go abroad. Or change jobs. A parliamentary report demonstrated that there was a lack of resources for research into cancers and other fatal childhood illnesses (30 to 40 million euros per year would be needed in addition to existing resources) but also, in matters of assistance to families. Should we wait for the United States to “do the job”? He would like to know if she is ready to support a bill aimed at creating dedicated funding for public research into childhood cancers and fatal diseases, in addition to the support already provided for incentive measures.
Question· Question écrite23691open
France · National Assembly
Mr. Guy Bricout questions the Minister of Action and Public Accounts on the remuneration of senior civil servants and would like to be able to communicate to him the list, in descending order, of civil servant positions and corresponding salaries higher than the remuneration of the President of the Republic.
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