Question· Question écrite19465open
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of Economy and Finance to the consequences of the privatization of the majority of the capital of Française des jeux for the associations representing veterans. Indeed, when it was created in 1933, the National Lottery was entrusted with financing the works of veterans. Today, the Union of Face and Head Injuries and the National Federation André Maginot (FNAM) hold respectively 9.2% and 4.2% of the capital of Française des jeux and three seats on its board of directors. The dividends these associations receive make it possible, in particular, to finance memory, solidarity and health activities; witnesses to our History, the continuity of the nation and the permanence of its republican values. Also, he asks him what measures the The Government intends to take steps to guarantee veterans' associations their sources of financing and their representation within the governing bodies of Française des jeux, despite its privatization and the expansion of its shareholding to the private sector.
Question· Question écrite19476open
France · National Assembly
Mr. Damien Abad alerts the Minister of Solidarity and Health to Verneuil's disease, an illness in France which appears to be insufficiently taken into account. This disease manifests itself by modules or abscesses in the folds of the skin which, in severe forms, are extremely disabling and profoundly alter the quality of life of patients. In fact, it concerns 3 to 4% of the population in France and the French Society of dermatology today notes a delay in diagnosis. This diagnosis is based on a clinical examination of the skin carried out by a dermatologist. Unfortunately, it is often several years after the onset of the disease at a stage where it is highly advanced, which is particularly handicapping for patients on a functional level. On July 28, 2015, the European Commission authorized the placing on the market of a anti-TNF alpha drug, Humira, in the treatment of this disease when usual treatments are not effective. However, the transparency commission of the High Health Authority decided on March 2, 2016 its non-reimbursement. In July 2018, the Transparency Commission once again noted that the drug Humira would not be included in “the treatment of active, moderate to severe Verneuil disease in adolescents from 12 years of age in case of insufficient response to conventional systemic treatment of HS”. Many patients cannot seek treatment today, due to a lack of sufficient resources to acquire this very expensive medication, even though it represented a real hope of cure and reduction of pain. Also, he asks what measures the Government intends to take to allow patients suffering from Verneuil disease support for this treatment to benefit from better living conditions.
Question· Question écrite19546answered
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of Action and Public Accounts to the unequal treatment in tax matters for the territory's amateur radio clubs. Indeed, the lack of legal texts would lead to a differentiated interpretation of articles 200 and 238 bis of the CGI according to public finance controllers, detrimental to amateur radio clubs. Amateur radio is recognized by the State and its administrations as being both “a technical, scientific and experimental leisure activity” and “a service”. In fact, radio amateurs are occasional civil security responders, and "occasional agents of the State", upon requisition by the prefecture in the event of need for supplementary and palliative means of communication during crises induced by disasters of natural, industrial or anthropogenic origin. However, some financial centers Public authorities do not recognize amateur radio clubs as “organizations of general interest of a scientific nature” which would thus give rise to the right to an income tax reduction, equal to 66% of their amount, the sums taken within the limit of 20% of taxable income, for members and donors of these structures. Thus, he would like to know the interpretation he gives to these articles of the CGI with regard to the particular situation of amateur radio clubs, so that the law can be applied uniformly throughout France.
Question· Question écrite18814answered
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of State, Minister of Ecological and Inclusive Transition, to the revision of the draft instruction of June 4, 2015 (NOR TREL1904750J) which defines the notion of "territorial project", prior to the financing by water agencies of water storage projects. Faced with the recurring episodes of drought and heatwave which hit the country, the resilience of farms faced with the consequences of Climate change will inevitably require better management of water resources. The delay taken by France in terms of irrigation is worrying. Between 2003 and 2013, the area equipped for irrigation in the country stagnated while the European average increased by 13.4%. With only 6% of the useful agricultural area irrigated, France now ranks ninth in Europe, behind the Mediterranean countries, but also northern countries like Denmark and the Netherlands. Faced with this delay, the Government recently undertook to revise the instruction of June 4, 2015, which defines the notion of “territorial project”, prior to the financing by water agencies of water storage projects. Considering the expectations of farmers and the collective capacity to guarantee French food sovereignty in the future, he asks if this project instruction will give water agencies the possibility of financing reserve creation beyond substitution and whether the modification of the method of calculating withdrawals will be based on the authorized volumes or at least on the maximum volumes withdrawn.
Question· Question écrite18199answered
France · National Assembly
Mr. Damien Abad alerts the Minister of Solidarity and Health to the shortage of psychiatrists at the Ain psychotherapeutic center. Indeed, with 7.9 psychiatrists per 100,000 inhabitants according to figures from the 2018 atlas of the National Council of the Order of Physicians (CNOM), the Ain department ranks among the bottom five in mainland France. Since 2010, the number of full-time psychiatrists has increased from 68 to 59 including 16 who are over 62 years old, with a movement that will increase in the years to come. In 2018, due to a lack of candidates, the establishment opted for medical temporary recruitment. Since March 2018, 26 temporary psychiatric doctors have succeeded one another. However, the use of temporary medical work has a negative impact on the quality of care for patients who deplore the succession of doctors. To date, the establishment has still 11 vacant psychiatrist positions and the healthcare team is demobilized. Given their difficulties in recruiting, they are no longer able to treat patients within a reasonable time frame. Also, he asks what concrete and urgent measures could be taken by the Government concerning the shortage of psychiatrists at the Ain psychotherapeutic center in order to improve medical attractiveness.
Question· Question écrite14475open
France · National Assembly
M. Damien Abad interroge Mme la ministre des sports sur la situation des conseillers techniques sportifs du ministère des sports (CTS). En effet, il a été annoncé la suppression de 1 600 ETP en 2022 et la baisse du prochain budget du ministère des sports en 2019. Le rôle des CTS qui sont placés auprès des fédérations comme entraîneurs pour le haut niveau ou formateurs pour les éducateurs dans les clubs, avec un statut de fonctionnaire est primordial et déterminant dans le secteur sportif. À ce jour, la situation de ces agents reste sans réponse et inquiète tous les acteurs du monde sportif. Concernant la baisse du budget, les associations sportives locales, les ligues régionales et certaines fédérations se trouvent déjà en grande difficulté financièrement. Plus précisément, dans le département de l'Ain, le conseil départemental multiplie ses efforts en maintenant ses engagements financiers alors même qu'il a perdu 50 millions d'euros de dotation depuis le début du mandat. Aussi, il lui demande de clarifier la situation des CTS afin de maintenir un encadrement public au sein des disciplines sportives et permettre de garantir la réussite lors des prochaines échéances sportives internationales et olympiques pour la France.
Question· Question écrite16349answered
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of the Interior to the situation of police officers from the technical and scientific police (PTS). In recent years, France has experienced a wave of deadly terrorist attacks on its soil. During these events, the PTS demonstrated great professionalism. The contribution of the PTS represents an important part in dismantling jihadist networks. As a reminder, the laboratories of scientific police absorbed the equivalent of 1,820 biological samples and more than 480 weapons and reef elements, 2,200 biological samples and 482 seals, respectively during the attacks of January 2015 and those of November 2015. The missions of these agents have evolved since their appearance, a time when their work was mainly located within laboratories, when today, these agents are increasingly often required to travel in the field. PTS agents are confronted with the worst scenes of police life, their availability is put to the test in the same way as that of active bodies (peace guards, officers, etc.). However, they are still assimilated, by their status, to sedentary administrative civil servants. This is why he would like to know if he is considering changing the status of PTS personnel. in the active category, for example with an unambiguous definition of their missions, as well as providing them with sufficient means to carry out their work effectively.
Question· Question écrite15563open
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of Labor to the precariousness of childminders. Indeed, the bill for the freedom to choose one's professional future calls into question the combination of employment and unemployment. This system is used by childminders whose remuneration is frequently impacted by the loss of a contract while they continue their activity with another employer. Besides their difficulties to find new children to look after, they also encounter regular terminations of contracts. If childminders are no longer able to receive these unemployment benefits, their status, already precarious due to often modest and irregular remuneration, will further deteriorate. Also, he asks what measures the Government intends to take to ensure the sustainability of the profession of childminders.
Question· Question écrite17221open
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of Agriculture and Food to the collection by the National Forestry Office of revenues from sales of municipal wood. This proposed measure is of great concern to local elected officials. In fact, revenues from municipal wood sales would be collected by the ONF, before being paid back within a period of up to three months. The entry into force of such a measure combined with the upheavals relating to wood sales (over-the-counter passage) and the weakened situation of municipal finances would be contrary to the interests of the municipalities and out of step with the priority of restoring the finances of the ONF. He wishes to know the Government's position on this subject and to alert it again to the importance of the presence of small treasuries in rural areas and to this territorial divide which grows between cities and rural communities.
Question· Question écrite18037open
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of the Armed Forces to the recognition of the status of wards of the Nation. Indeed, decrees No. 2000-657 of July 13, 2000 and No. 2004-751 of July 27, 2004 respectively opened the right to compensation for orphans whose parents were victims of anti-Semitic and racist persecution during the 1939-1945 war and subsequently for orphans of parents who were victims of barbarism. Nazi, died in deportation, shot or massacred for acts of resistance or for political actions. This recognition, although just and essential, is experienced as unjust and partial by the families of other victims and has a restrictive scope which excludes a large number of war orphans and wards of the Nation, whose parents died for the Republic in the context of conflicts other than the Second War. worldwide. This breakdown in equality gave rise to several legislative proposals which were tabled by parliamentarians of all persuasions, thus marking the union of the Nation and its representatives. Also, he asks her to kindly indicate to him whether she intends to take measures to achieve equal treatment between all war orphans, wards of the Nation.
Question· Question écrite15407open
France · National Assembly
M. Damien Abad attire l'attention de M. le ministre d'État, ministre de la transition écologique et solidaire, sur les retards de versement de la prime à la conversion. En effet, ce nouveau dispositif permet d'aider tous les Français, particuliers et professionnels, à acheter un véhicule neuf ou d'occasion en échange de la mise au rebut d'un ancien véhicule. Au niveau national, ce sont 280 000 voitures qui auront profité en 2018 de la prime à la conversion, alors que l'État avait prévu un budget pour 100 000 véhicules. De nombreux particuliers et professionnels ont avancé une somme d'argent conséquente qui doit leur être reversée par l'État. Or compte tenu du grand nombre de dossiers, ces personnes sont inquiètes sur les retards de versement qui mettent des concessions et des particuliers en difficulté financière. Aussi, il lui demande dans quel délai les professionnels et particuliers pourront percevoir le remboursement de la prime à la conversion afin de remédier rapidement à cette situation.
Question· Question écrite15173answered
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of Territorial Cohesion and Relations with Local Authorities to the arrangements for dissolving a dormant association by people outside it. Many associations still exist, although they no longer have any activity. For example, dormant clubs affiliated with the French Gymnastics Federation harm the image of the activity sports and the federation. It is clear that the legislation relating to the dissolution of an association is incomplete. An association that no longer has any activity is called a “dormant” association, even if this term has no real legal value. The mere observation of being “put to sleep” does not result in dissolution. This must be provoked since the association continues to exist legally and administratively. No rule currently allows the dissolution of an association simply because it is “dormant”. In addition, it is possible to request the judicial dissolution of an association for failure to achieve its corporate purpose. Several courts of appeal were favorable (Angers Court of Appeal, October 4, 2005; Poitiers Court of Appeal, February 24, 2002; Rennes Court of Appeal, October 8 1969). The Court of Cassation has ruled once in favor of such an action (Cass, civ 1ère, March 13, 2007, no. 05-21658). It would therefore be possible to request the dissolution of the association for this reason, since the dormant sports association can no longer fulfill its corporate purpose. However, the legislation tends to consider that the dissolution action is only reserved for members of the association. The Court of Cassation refused in 2007 to rule on the question of the holder of the dissolution action and maintains vagueness on this question. The applicants for administrative dissolution could be communities, if they subsidize the association, elected officials or patrons. This would reduce the number of “dormant” associations and simplify dissolution procedures. Thus, he asks him to specify the modalities for dissolving an association and specifying the actors external to the association who could initiate administrative dissolution action, in order to avoid judicial dissolution of the association.
Question· Question écrite10920open
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of the Economy and Finance to the questioning of the reduced VAT rate for energy renovation work in buildings. In fact, reduced VAT in construction is not a “gift” given to businesses but rather tax assistance provided to individuals in the form of support for the purchasing power of households when they carry out energy renovation work. Mr. Minister of State, Minister for the Ecological and Inclusive Transition, unveiled on April 26, 2018 a plan to combat energy poverty in buildings. The aim of this plan is in particular to eradicate thermal sieves in order to renovate in 10 years the 1.5 million thermal sieves inhabited by low-income owner households, the Government having set itself the objective of financially supporting 150,000 each year renovations of this type. However, the possible abolition of reduced rate VAT will primarily penalize households and the purchasing power of the poorest and will encourage households to resort to illegal and undeclared work. Questioning this VAT after having reduced aid by almost a billion euros in 2018 under the CITE, would bring the renovation market to a halt, with the consequence of the dismissal, in the short term, of nearly 30,000 employees in the sector. He would also like to know what measures the Government intends to take regarding the future of reduced VAT rates in the building sector.
Question· Question écrite10834answered
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of Solidarity and Health to the conditions for granting the mobility inclusion card (CMI) parking. Indeed, Mr. MP was contacted by a person with a disability in his right arm (a brachial plexus) and who experiences occasional difficulties in his movements. However, his disability not being recognized as hindering his mobility, his CMI requests were subject to of refusal. According to the decree of January 3, 2017 relating to the methods for assessing reduced pedestrian mobility and loss of autonomy in individual travel, provided for in articles R. 241-12-1 and R. 241-20-1 of the social action and families code, it is specified in particular that reduced pedestrian mobility is proven when "the person has a limited walking distance of less than 200 meters". Unfortunately, this order does not mention the case where the discomfort is punctual. Also, he asks what the Government intends to put in place in order to take into account occasional inconveniences due to a permanent disability in the conditions of allocation of the CMI.
Question· Question écrite13771open
France · National Assembly
Mr. Damien Abad draws the attention of the Secretary of State, to the Prime Minister, responsible for people with disabilities, to the working conditions of school assistants (AVS) and those accompanying students with disabilities (AESH). The role of these auxiliaries is essential to the academic development of children with disabilities. With kindness, determination and pedagogy, they work daily to well-being and inclusion of these young people with disabilities. However, their status is extremely precarious. The contracts offered to AVS are unique integration contracts, managed by Pôle emploi. This is a fixed-term contract which only guarantees a duration of employment of six months, renewable to reach a maximum of 24 months. When the contract ends, AVS have the possibility of requesting AESH status. If their request is accepted - which is rarely the case - they sign for a new six-year fixed-term contract. Most AVSs which fail to be renewed are then forced to abandon their students during the year, sometimes overnight. This fragile situation therefore has consequences on workers, on the children in care and on their families. In addition, their salary is not commensurate with the tasks performed. The contract for They are recruited part-time, for a period of eighteen to twenty hours per week and an average salary of 600 euros. The MP has also been contacted on several occasions by AVS working 4 hours of overtime per week without seeing their salary increase. Theoretically, the working time of AVS is therefore limited in time. In practice, their mobilization is extensible. Most of the time, their salary is not not correlated with the work performed. Thus, he asks whether concrete measures have been considered by the Government in order to improve the status and conditions of exercise of AVS. It is becoming urgent to promote them socially, humanly and financially.
Question· Question écrite11363open
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of Solidarity and Health to the treatment of epilepsy, the second most disabling neurological disease behind Alzheimer's disease. Epilepsy affects more than 500,000 people in France and access to care is increasingly unequal. This disease, especially in the youngest, must be treated very quickly, both for epilepsies deemed to be benign and for more disabling. He reminds him that 200,000 people are diagnosed late and find themselves in situations of serious therapeutic failure and that 90,000 children and adolescents suffer from this disease whose disability it causes is poorly accepted. The map of medico-social establishments specializing in epilepsy is edifying. While 20% of people with epilepsy have a significant disability, less than 20 establishments in France and certain regions completely devoid of establishments and neurologists. This disease, which affects 1% of the population, lacks appropriate responses, whether in schools, in adapted work or in ordinary environments and of course in specialized or non-specialized establishments. Also, he asks what measures the Government intends to take to enable better management of epilepsy.
Question· Question écrite11127open
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of Solidarity and Health to the need to guarantee equal access to medicines throughout the country and for all French people. Indeed, in a recent report, the Court of Auditors recommends the elimination of just over 10,400 pharmacies, or one in two. This recommendation would have very harmful consequences for our fellow citizens, particularly those who reside in rural areas which would be directly impacted. While medical deserts are developing with the poor distribution of general practitioners and specialist doctors in our territory, the reduction in the number of pharmacies would worsen the inequality in access to care. Pharmacists play a very important advisory role in addition to dispensing medications. Pharmacies also provide a network of proximity throughout the territory and generates a formidable network of non-relocatable jobs. He also wishes to know the measures that the Government intends to take following these recommendations from the Court of Auditors.
Question· Question écrite11088open
France · National Assembly
Mr. Damien Abad draws the attention of the Secretary of State, to the Prime Minister, responsible for digital affairs, to compliance with the GDPR, in force since May 2018. Indeed, the construction of very high-speed networks requires significant human resources and it appears that certain activities linked to intellectual services are carried out outside the European community. In addition, the creation of the AMII and AMEL zones carried out by private operators raises numerous issues concerning respect for the personal data of many users. It seems important to create these zones while ensuring compliance with the GDPR. In the absence of compliance with the regulation, users' computer data are sent outside the European Union to be subject to reprocessing which will then return to French soil without inform users. Therefore, the security of the personal data of French citizens must be increased. Furthermore, during the last State-region plan contract in 2015, the need for public investment in the FTHD plan to serve French companies was underlined. It is therefore abnormal that apart from the non-compliance with the GDPR which also applies in this case, the financing of the FTHD plan serves interests outside France. Also, he would like to know to what measures the Government plans to secure the processing of user data outside the European Union.
Question· Question écrite12162open
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of Agriculture and Food to the removal of the exemption system for the employment of occasional agricultural workers (TO-DE). Indeed, the Government plans to eliminate the exemption system for the employment of casual agricultural workers (TO-DE) on January 1, 2019, which would result in increasing the remainder payable by employers from 1.8% to 3.8%. But this measure would impact farmers to the tune of 144 million euros, particularly for producers of specialized crops, wine growers, arborists and horticulturists. This is why he asks what measures the Government intends to take in order to take into consideration the situation of farmers and not follow through on this project to eliminate the “TO-DE” reduction.
Question· Question écrite134open
France · National Assembly
M. Damien Abad interroge M. le ministre de l'action et des comptes publics sur la situation que connaissent les propriétaires de terres grevées d'un droit de « crû ou à croître ». En effet, les propriétaires d'un tel terrain n'en tirent aucun revenu et sont pourtant redevables de l'impôt foncier. Certes, le titulaire du « crû et à croître » est tenu de rembourser la cotisation de taxe foncière sur les propriétés non bâties, au prorata de ce dont il jouit, comme le dispose l'article 635 du code civil. Mais il faut pour cela trouver le nom du titulaire, absent des matrices cadastrales, d'autant que la recherche sera à la charge du propriétaire du sol. De plus, grâce à une autorisation de coupe, un titulaire de « crû et à croître » peut vendre ses résineux sans prévenir le propriétaire du sol et ne demander aucune réévaluation à la baisse de la base d'imposition foncière à l'hectare puisqu'il ne paie pas d'impôts. Le propriétaire non informé risquerait alors de continuer de payer une taxe foncière dont la base d'imposition sur le revenu est erronée. Il aimerait donc connaître la position du Gouvernement sur ces points ainsi que les mesures qu'il entend prendre pour remédier à cette situation.
Question· Question écrite13362answered
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of Solidarity and Health to the conditions of independent doctors who combine jobs and pensions. For several years now, private doctors have been able to continue their professional activity while benefiting from their retirement benefits. However, retired doctors who return to professional activity are subject to the obligation to contribute to the basic, supplementary old-age schemes. and ASV without these contributions generating points as well as the income replacement allowance system. In order to reduce this injustice, a decreasing reduction in contributions should be put in place; it would be reduced by 25% from the age of 70 and by 50% from the age of 75. This system would make it possible to alleviate medical desertification which is a real problem faced by citizens in many areas. departments. Also, he asks what measures the Government is considering to improve the conditions of private doctors who combine employment and retirement.
Question· Question écrite12285open
France · National Assembly
Mr. Damien Abad draws the attention of the Minister, to the Minister of State, Minister of the Interior, to the concern of volunteer firefighters regarding the implementation of the 43 proposals of the “volunteer mission”. Indeed, this report proposes concrete and ambitious solutions to promote the recruitment of volunteer firefighters, their loyalty and the recognition of their civic commitment, in order to cross the threshold of 200,000 volunteer firefighters. These proposals formulated are grouped into three main areas, the redefinition of the status, advantages and protection of volunteer firefighters, the better recognition of volunteer firefighters and the promotion of the commitment of volunteer firefighters. However, a major point remains to be clarified: the reaffirmation of volunteering as an altruistic commitment which remains a priority following Directive 2003/88/EC on working time (known as DETT). Also, he asks what measures the Government intends to take so that the status of volunteer firefighters is excluded from the scope of the European Working Time Directive (DETT).
Question· Question écrite11019answered
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of State, Minister for Ecological and Inclusive Transition, to the conditions for replacing photovoltaic panels at the initiative of producers. Indeed, beyond the reasons for the destruction of installations, or dangerousness, it seems necessary to allow the complete replacement of these panels for reasons of electrical or mechanical compatibility. Producers want therefore a relaxation of the criteria provided for in the framework of the ministerial instruction. In the absence of a relaxation of the criteria in force, producers will not be able to completely replace their installations because this would involve more work to ensure network compatibility. Therefore, the partial replacement of these panels does not correspond to the expectations of the various producers, which is why they are asking for more subsidies allowing a complete replacement of installations at the same purchase price as indicated by the ministerial instruction. Also, he would like to know to what extent the Government plans to extend the conditions for replacing photovoltaic panels at the initiative of producers.
Question· Question écrite19490answered
France · National Assembly
Mr. Damien Abad draws the attention of the Minister of the Economy and Finance to the extent of bad commercial practices and more specifically to the absence of the right of withdrawal at trade fairs. In fact, some salespeople refuse during these fairs to provide the customer with a quote indicating an estimate of the price of the service, a condition that is essential to free, healthy and fair competition. However, it seems justified that consumers can benefit, in addition to a quote, also from a right to reflection, and if necessary to withdrawal. However, Directive No. 2011/83/EU of October 25, 2011 relating to consumer rights, transposed into national law by Law No. 2014-344 of March 17, 2014 relating to consumption, prohibits such withdrawal. Furthermore, despite an obligation to inform consumers about the absence of a deadline for withdrawal for contracts concluded in this context, it turns out that this information is not systematic on the part of salespeople. Thus, he would like to know whether a change in legislation would be possible on the one hand to guarantee better consumer protection at trade fairs, through the establishment of a right of withdrawal, and on the other hand to fight against the proliferation of practices abusive or illicit commercial activities, through increased monitoring of exhibitors by the General Directorate for Competition, Consumer Affairs and Fraud Prevention.
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