Question· Question écrite38066answered
France · National Assembly
Mr. Hervé Pellois questions the Minister of Transformation and the Public Service on article 126 of Law No. 84-53 establishing statutory provisions relating to the territorial civil service. This provides that “contractual agents who occupy a job presenting the characteristics defined in Article 3 of Title I of the general statute are entitled to be established, at their request, in jobs of the same nature which are vacant or which will be created by the deliberative bodies of the communities or establishments concerned subject to: 1° Being in office on the date of publication of this law or benefiting on that date from leave in application of the provisions relating to the social protection of contractual agents of local authorities; 2° To have completed, on the date of submission of their application, effective services of a duration equivalent to at least two years of full-time service in one of the above-mentioned jobs; 3° To fulfill the conditions listed in Article 5 of Title I of the general statute. » Article 3 of Title I of the general statute includes permanent civil employment “of the State, regions, departments, municipalities and their public establishments of an administrative nature”, the MP would like to know whether this provision also concerns contractual caregivers in accommodation establishments for dependent elderly people (EHPAD). Article 36 of Law No. 84-53 laying down statutory provisions relating to the territorial civil service clearly states that "civil servants are recruited through competitive examinations" but uncertainty remains as to the possible exemptions concerning the tenure of contract workers, particularly in the health sector. He would therefore like to obtain clarification regarding this procedure.
Question· Question écrite703open
France · National Assembly
Mr. Hervé Pellois draws the attention of the Minister of Action and Public Accounts to the current difficulties in implementing the new civil service compensation system. The current compensation regime taking into account functions, constraints, expertise and professional commitment (RIFSEEP) was created by Decree No. 2014-513 of May 20, 2014. The replacement of the functions and results bonus (PFR) by the RIFSEEP was taken into account in Law No. 2016-483 of April 20, 2016. The new system is centered on a main compensation, the compensation for functions, constraints and expertise (IFSE), paid monthly, to which is added an optional additional compensation (CIA), paid annually. The latter makes it possible to promote the personal investment of any agent. It is the accumulation of the IFSE and the CIA which, for each function group, allows to determine the overall compensation ceiling of the RIFSEEP. With regard to the State civil service, the interministerial decrees taken to implement this new compensation regime all provide for a maximum amount of the CIA for each function group. With regard to the territorial civil service, the capping of the two allowances represents an obligation under article 88 of the law of January 26, 1984. However, there is currently different interpretations as to the amount of the CIA cap for communities. Some of them have in fact set a ceiling at zero; ceiling contested by the prefectural services. He therefore asks him to please clarify the regulations applicable to the new civil service compensation scheme.
Question· Question écrite37289open
France · National Assembly
Mr. Hervé Pellois draws the attention of the Minister of Solidarity and Health to Decree No. 2019-835 which specifies “the coverage by compulsory health insurance of the renewal of plantar orthoses by chiropodists-podiatrists on the basis of an initial prescription”. This decree would leave aside orthopedists-orthotists, thus creating a disparity in treatment and not respecting the principle of equality between health professions of the same skill, thus encouraging a monopoly. It also risks generating inequalities in care for the patient, by complicating access to care for people wishing to use an orthopedist-orthotist and would also hinder the patient's free choice. However, this free choice is a fundamental principle of legislation for all health professionals. This difference of treatment does not seem to be able to rely solely on the argument of training. If chiropodists-podiatrists follow three years of teaching, they do not complete three years of learning on plantar orthotics alone and in this case, it would be necessary to compare the teaching of the equipment common to other professions concerned, including orthopedists-orthotists. These professions also have the same level V of qualification (decree of June 11, 2020). The teaching of diagnosis and care, provided to orthopedists-orthotists and included in the skills framework consolidated by the Ministry of Health, demonstrates their expertise which is just as advanced as their colleagues. As required by regulations, orthopedists-orthotists establish the same diagnosis as chiropodists-podiatrists: they analyze and evaluate morphostatic and dynamic disorders of the foot. Finally, orthopedists-orthotists, like chiropodists-podiatrists, are health professionals, registered in the public health code (book III). Medical assistants, they can practice in advanced practice as provided for in article L. 4301-1 of the public health code and are also subject to the same obligations and constraints in terms of delivery, for the reimbursement of plantar orthoses by social security. In view of the above, he would like to know to what extent he plans to put an end to these disparities resulting from the decree so that these fitting professionals are granted the same rights to the renewal of plantar orthoses.
Question· Question écrite37495open
France · National Assembly
Mr. Hervé Pellois draws the attention of the Minister of the Interior to the duration of validity of the French knowledge test as defined by Article 42 of Decree No. 2019-1507 of December 30, 2019 relating to naturalization decisions. When a person wishes to apply for French nationality, they must prove they have the oral and written B1 level of the Common European Framework of Reference for Languages (CERL). To justify having the level B1 oral and written, she must provide a French diploma or a certificate of success in a language test. Two tests are eligible: the French Knowledge Test (TCF) delivered by France Education International and the French Evaluation Test (TEF) from the Chamber of Commerce and Industry of Paris Île-de-France. When submitting the application for naturalization, the language test must be less than two years old. Many people passed these tests when they applied for a residence permit in order to demonstrate their integration. When they apply for naturalization, several years later, their test is no longer valid and they must retake it. However, this test has a cost: between 100 and 210 euros, depending on the center. The knowledge of the French language of people residing and working in France on a continuous basis can only improve. It appears then there is no point in asking them to retake this test, especially since, if people present a French diploma, it is admissible regardless of the date they were obtained. He would therefore like to know if the Government intends to make these tests valid without time limit.
Question· Question écrite43282open
France · National Assembly
Mr. Hervé Pellois draws the attention of the Minister of the Interior to the rules applicable to emergency ambulance drivers regarding the driving of vehicles. Decree No. 2019-1260 of November 29, 2019 relating to the driving of certain vehicles assigned to civil security missions (creating article R. 221-4-1 of the Highway Code) authorizes firefighters and approved civil security associations holding a driving license of category B to drive emergency vehicles whose total authorized weight (GVWR) is greater than 3,500 kilograms without exceeding 4,500 kilograms. This provision unfortunately does not concern ambulance drivers. However, the latter must also have equipment adapted to their mission. However, rescue services require more and more technical expertise and therefore more and more on-board equipment. These tools are heavy and force them to equip themselves with ambulances on heavy-duty chassis. Also, he would like to know if the ministry plans to allow emergency ambulance workers to benefit from the provisions of article R. 221-4-1 of the highway code.
Question· Question écrite12383open
France · National Assembly
Mr. Hervé Pellois draws the attention of the Minister of Solidarity and Health to the situation of women victims of the Essure definitive sterilization device produced by the Bayer laboratory. As has been observed, Essure implants (4 cm metal implants inserted into the fallopian tubes), aimed at obstructing these tubes in order to prevent any fertilization, locally create inflammatory reactions of the fibrosis type. Indeed, these implants are composed of allergenic heavy metals (nickel, titanium, chromium, iron, tin, platinum, iridium), and PET fibers (polyethylene terephthalate), endocrine disruptors in certain conditions. This contraceptive method, presented as non-invasive, compared to traditional tubal ligation, causes numerous undesirable effects in thousands of French women: extreme fatigue preventing them from carrying out daily activities or carrying out professional activity, muscle or joint pain, neurological disorders, abdominal pain, painful premenstrual syndrome, headaches, dizziness, shortness of breath or even heart rhythm disturbances. If the pharmaceutical laboratory Bayer HealthCare announced on Monday September 18, 2017 that it was ending the marketing of Essure definitive contraceptive implants in France, However, he has not planned a protocol for removing these implants and the women who wear them must undergo major surgery to extract them (removal of the tubes, coupled or not with removal of the uterus). This is the reason why many women with Essure implants have joined together within the association Mutual Aid, Support and Information Network on Tubular Sterilization (RESIST), approved by the Ministry of Health. The requests from this association relate to the following points: the establishment of appropriate surveillance monitoring for women who do not present symptoms, the establishment of appropriate monitoring monitoring for explanted women and above all that an information note be sent to all health professionals and that the ministry inform women carrying Essure of the risks they face. incur. He would therefore like to know whether the Government intends to respond favorably to these requests.
Question· Question écrite26701answered
France · National Assembly
Mr. Hervé Pellois draws the attention of the Minister of the Armed Forces to the project to establish, in a new building constructed on the campus of the École Polytechnique de Saclay, the research and development department of the Total group. This decision was taken by the school's board of directors on June 21, 2018, at the same time as a chair financed to the tune of 3.8 million euros by Total was negotiated. Such proximity to a private company asks questions. Total will benefit from privileged access to students from a school which aims to train engineers in the service of the general interest. While students will have their role to play in French energy policy as engineers, advisors or decision-makers, the direct and assumed influence of Total may be worrying. Furthermore, Total will have exclusive access to the school until another project sees the light of day. The impact of this exclusivity is all the greater as the company is already showing its desire to attract as many students as possible, making the building a living space, capable of serving as an incubator or hosting conferences. The decision-making process also raises several questions of transparency (last minute registration on the board agenda, very brief presentation, lack of consultation with students, teachers and researchers) and led some 200 students to sign a platform denouncing private interference in their training and at the heart of their living space in December 2019. A vote was also organized by the BDE garnering 70% participation: 61.1% of voters expressed themselves against the project in its current form. Also, he would like to know if the ministry is able to reassure students by providing them with guarantees as to the independence of the school.
Question· Question écrite25952open
France · National Assembly
Mr. Hervé Pellois draws the attention of the Secretary of State, to the Minister of Action and Public Accounts, to the maximum duration of employment of state civil servants. Article 25 of Law No. 2019-828 of August 6, 2019 on the transformation of the civil service specifies that “the competent authority may define, under conditions provided for by decree in the Council of State, minimum and maximum durations of occupation of certain jobs”. This maximum duration of occupation of a job within the civil service previously existed but for a very limited number of specific state bodies out of the 299 existing, with an obligation to be assigned to the original body at the end of the maximum duration of occupation. He also questions him about the future of state civil servants at the end of this maximum duration of employment with regard to the new provisions. Furthermore, the article 68 of this same law allows the State civil servant to be removed from his body for a maximum period to another State body of his grade, with the right to return to his original body. As Article 25 does not refer to Article 68, he asks whether the maximum duration can be applied in other conditions.
Question· Question écrite2742answered
France · National Assembly
M. Hervé Pellois attire l'attention de M. le ministre de l'agriculture et de l'alimentation sur la nécessité d'assurer une meilleure traçabilité du pays d'origine du miel. Selon la directive 2014/63/UE du 15 mai 2014, l'obligation de mentionner sur l'étiquette le pays d'origine de la récolte est remplacée, en cas de pluralité de pays, par la mention « mélange de miels originaires/non originaires de l'Union européenne ». Ainsi, il est impossible de savoir exactement de quel pays provient le miel consommé, et dans quelles conditions il a été récolté. Or certains pays, à commencer par le premier pays producteur, la Chine, sont souvent épinglés pour des fraudes comme l'ajout de sirop de sucres. En 2014, l'association UFC-Que Choisir avait constaté que sur 20 miels « premier prix » achetés dans diverses enseignes de la grande distribution, six présentaient des ajouts de sucre, soit presque un tiers des produits. Il lui demande donc de bien vouloir lui indiquer ses intentions en termes d'encadrement de l'information du pays de production du miel, et de la mise en place d'un étiquetage permettant aux consommateurs de distinguer le pays de production du miel qu'ils achètent.
Question· Question écrite2983open
France · National Assembly
Mr. Hervé Pellois draws the attention of the Minister of Agriculture and Food to unfair competition linked to the sale of equines on digital platforms. According to European Regulation 2015/262, any owner of an equine must carry out its identification and is required to declare it, in accordance with article D. 212-47 of the rural and maritime fishing code, to the French Horse and Equestrian Institute (IFCE). These provisions aim to ensure the traceability of equines during their sale in order to secure commercial exchanges and players in the sector. However, when the sale is made on an online platform, no verification of the existence of this declaration with the IFCE is required. However, today non-professional and undeclared sellers carry out around 85% of their transactions and 40% of their purchases via the internet (site breeding sites, classified ads sites, social networks, etc.). The unregulated sale of equines on digital platforms therefore generates unfair competition from professionals in the equine sector who are subject to financial and reporting obligations. This also leads to a total lack of guarantee of traceability, potential tax fraud and increased health risks for the buyer and other animals. Concerning pets, Ordinance 2015-1243 provides for a certain number of measures to better control their sale on the internet. It could therefore be considered to put in place similar obligations for sales of equines on the internet (horse identification number, certificate of ownership issued by the IFCE). The evolution of methods of acquiring equines must necessarily be accompanied by the adaptation of the regulations in order to ensure the supervision of online sales and compliance with the obligations incumbent on breeders and owners of horses. Also, he would like to know the measures that the Government intends to take to regulate the sale of equines on digital platforms.
Question· Question écrite35701open
France · National Assembly
Mr. Hervé Pellois draws the attention of the Minister of Ecological Transition to compliance with the legislation concerning illegal advertising displays. The provisions of Title VIII (“Protection of the living environment”) of Book V (“Prevention of pollution, risks and nuisances”) of the environmental code setting the rules applicable to advertising, signs and pre-signs are far from being respected, despite a strengthening of administrative sanctions in the event of non-compliance with the latter, a first time in 1995, with Law No. 95-101 of February 2, 1995 relating to the strengthening of environmental protection, known as the Barnier law, and a second time in 2010, with Law No. 2010-788 of July 12, 2010 establishing a national commitment to the environment. Recently, the deadline given to offenders put on notice by the competent authority in matters of police to comply with the law, which was, since 1995, 15 days, was reduced to 5 days by Law No. 2019-1461 of December 27, 2019 relating to local commitment and proximity to public action. It turns out that, despite these successive reinforcements, the number of offenses remains considerable. This situation leads certain associations, despite the pain and cost of such procedures, to take legal action before the administrative courts. This is how the Paysages de France association, which, for almost thirty years, has been striving to ensure that the texts governing outdoor advertising, signs and pre-signs are respected, has had to refer no less than 28 different administrative courts to enforce the law. Nevertheless, for several years, the Ministry of Ecological Transition has appealed decisions that ruled in favor of the association. Also, he would like to know the reasons which push the Government to cancel the decisions taken on the basis of the environmental code.
Question· Question écrite14658open
France · National Assembly
Mr. Hervé Pellois questions the Minister of Solidarity and Health on the application of article L. 613-1 of the social security code which provides that "are obligatorily affiliated to the health insurance and maternity insurance scheme for self-employed workers in non-agricultural professions: [...] Persons, other than those mentioned in 7° of this article, carrying out an activity of rental of furnished residential premises whose revenues are higher than the threshold mentioned in 2° of 2 of IV of Article 155 of the general tax code, when these premises are rented to customers staying there for the day, week or month and who do not take up residence there, unless these persons opt otherwise when registering to fall under the general regime under the conditions provided for in 35° of Article L. 311-3 of this code, or when these persons meet the conditions mentioned in 1° of 2 of IV of article 155 of the general tax code”. Renters of furnished tourist accommodation are therefore now required, beyond 23,000 euros of turnover, to affiliate with a social insurance fund (RSI or general scheme) and therefore to pay social contributions in respect of rental income generated since January 1, 2017. In written question no. 3619 dated March 20, 2018, the situation of professionals subject to this affiliation obligation had been clarified. In her response, the Minister indicated that the activity of renting furnished accommodation meant the provision of goods by their owner and therefore did not apply to situations of rental through a professional agency benefiting from a management mandate and subject to Law No. 70-9 of January 2, 1970, known as the “Hoguet law”. This exclusion is understood in the strict sense and does not extend to mandates that digital platforms can obtain to recover all contributions from transactions carried out through them. It is specified that income derived from rental through a professional agency benefiting from a management mandate, however, falls under the management of private assets and must therefore title be declared to the tax administration as part of the income tax return in order to be subject to social security contributions on capital income at the rate of 17.2%. He would like to obtain further clarification regarding the typical Gîtes de France and Cléavacances structures which are recognized by the tax administration as benefiting from specific statuses, in this case an associative status. He would therefore like to know to what extent it is possible that the benefit granted to professional agencies benefiting from a management mandate be extended to the management labels of the associative structures mentioned.
Question· Question écrite16206open
France · National Assembly
Mr. Hervé Pellois draws the attention of the Minister of Territorial Cohesion and Relations with Local Authorities to the situation of a new municipality in Morbihan. Made up of an old municipality of less than 1,000 inhabitants and an old municipality of more than 1,000 inhabitants, the new municipality replaced the resigning elected officials from the municipality of more than 1,000 inhabitants by taking the following from list while the resigning elected officials from the municipality of less than 1,000 inhabitants were not replaced, due to lack of list since the voting methods were different. The prefect is now bringing an appeal against the new municipality, considering that there is a breakdown in equality between elected officials from the old municipalities, based on an opinion from the General Directorate of Local Authorities (DGCL). However, the replacement of elected officials resigning from the municipality of more than 1,000 inhabitants consists only of respecting the outcome of a vote, without changing the majority within the municipal council. In addition, we must be able to count on all the goodwill in this difficult period for municipalities which are experiencing a significant number of resignations among their elected officials. Also, he asks him if he intends to specify the law in this sense so that it regulates these cases which tend to multiply in the territory.
Question· Question écrite16346answered
France · National Assembly
Mr. Hervé Pellois once again draws the attention of the Minister of Solidarity and Health to the situation of child victims of distilbene (DES). After having carefully read the response published in the Official Journal of November 27, 2018 (page 10748) to his written question No. 12059 published in the Official Journal on September 11, 2018 (page 7937), the MP is delighted that the recommendations issued in 2011 by the Agency have been taken into account. French health safety standards for health products, namely annual gynecological monitoring. However, the Minister indicates that “for its part, the HAS has not issued any recommendations in this area, in the absence of recent scientific literature”. This is surprising since recent data was published over a period from 2011 to 2017 reporting two risks for “DES girls”: the increase in the rate of cervical or vaginal dysplasia and the risk of clear cell adenocarcinomas (ACC cancers) of the cervix or vagina with advancing age. In this context, he asks what measures the Government intends to take so that the particular situation of “DES girls” is recognized and that they can benefit from an annual gynecological consultation adapted to their situation and reimbursed 100% by the health insurance system.
Question· Question écrite12387open
France · National Assembly
Mr. Hervé Pellois questions the Minister of Solidarity and Health on the application of the decree of August 21, 2018 establishing statutory provisions common to certain category A bodies of the hospital public service of a socio-educational nature. This decree modifies the status of these personnel, namely social and family economy advisors, specialized educators, educators of young children and assistants. socio-educational. Article 17 of the decree provides in particular that the jobs of these bodies all switch to the sedentary category with regard to the retirement provisions from February 1, 2019. No right of option is provided. Currently, only socio-educational assistants are concerned. Those who do not have a minimum of 17 years of active service as of February 1, 2019 will therefore be subject to the sedentary regime. regarding retirement. On the other hand, those who have a minimum of 17 years of active service will be able to claim their retirement rights from the age of 57 but they will lose the entire increase in insurance duration for active service. Some agents will therefore be obliged to postpone their retirement dates to benefit from a full rate. This means that in just a few months, some agents will have to postpone their retirement date by five years. If the merits of this measure are not called into question, it is nevertheless appropriate to question the non-gradation of this measure. He would therefore like to know the measures that the Government intends to take so that the evolution of the status of social workers in the hospital public service is adjusted.
Question· Question écrite26677open
France · National Assembly
Mr. Hervé Pellois draws the attention of the Minister of Labor to the lack of recognition of the professions of judicial agents for the protection of adults (MJPM). Today, France has, according to the latest figures, 730,000 protection measures, mainly guardianship and curatorship, a figure that is constantly increasing. Professional agents (private agents or association delegates) would be responsible for 41% of the measures of guardianship and 75% of curatorship measures. Agents have to resolve multidimensional issues (social, economic, medical, legal) requiring a range of skills and are experiencing an increase in their missions. Indeed, we observe a shift towards the MJPM of the missions of certain third parties or even a withdrawal when the protection measure is pronounced. However, professionals practicing on behalf of association law 1901 have suffered for many years from a lack of recognition of their profession. We deplore an increase in the number of cases of professional burnout. This question was briefly addressed by the parliamentary information report by Ms. Abadie and Mr. Pradié “on the fundamental rights of protected adults”. Its authors emphasize the evolution of skills frameworks and the development of ethical rules. True recognition of the profession of MJPM whose requirements in terms of diploma (necessary to obtain the National Certificate of Competence) is nevertheless necessary. Decree No. 2018-733 of August 22, 2018 also conferred on the diplomas of social service assistant, educator of young children, specialized educators, specialized technical educators and family social autonomy advisors a level II recognition (these diplomas were previously recognized at level III). Knowing that today the profession of tutor is very largely exercised by professionals holding these diplomas, it seems urgent to promote and recognize the profession of MJPM. Also, he would like to know the avenues envisaged by the ministry to change the status of the MJPM and thus grant real recognition for this profession, like their colleagues in the civil service who, within the framework of professional paths, careers and remuneration, have become part of the civil service (category A).
Question· Question écrite12406answered
France · National Assembly
Mr. Hervé Pellois questions the Minister of National Education on the reform of the apprenticeship tax for vocational high schools. The law for the freedom to choose one's professional future of September 5, 2018 provides for a new contribution to be put in place from January 1, 2019. This contribution will be divided into two regimes: a tax on apprenticeship (87% of which is intended for CFAs and 13% allocated freely) and a contribution to professional training from which companies with fewer than eleven employees will be exempt. The balance, which represents 13% of the apprenticeship tax (excluding quota), may be paid to organizations promoting the development of initial technological and professional training excluding apprenticeships and professional integration. This fraction can only finance CFAs in the form of educational materials. Are by elsewhere reinstated (up to 20% of the balance of the apprenticeship tax) associations which contribute to promoting apprenticeship and professions to meet the challenge of equality and inclusion of all young people (such as FACE, ARPEJEH or production schools). In addition, the declaration and collection would no longer be done by the approved joint collection bodies (OPCAS) but by the Union for the recovery of social security contributions. social security and family allowances (URSAFF). Mr. Hervé Pellois would like to obtain clarification on three points concerning the implementation of this new system. First of all, he would have liked to know if vocational high schools will still have access to the old scale, transformed into a contribution to vocational training. He would then like to know if vocational high schools will continue to have access to the tax on learning even if they welcome mixed audiences (students and apprentices). Finally, he would have liked to have details on the new organization of the declaration and collection by URSAFF and in particular confirmation that the donation in kind will always be accepted by URSAFF.
Question· Question écrite18035open
France · National Assembly
Mr. Hervé Pellois draws the attention of the Secretary of State, to the Minister of the Armed Forces, to the question of those missing from the Algerian war. During the Algerian conflict, recognized as a war between 1954 and 1962, and in external operations between 1962 and 1964, French and Algerian soldiers and civilians were kidnapped and reported missing. The associations are demanding the right to know what happened to these people to allow mourning to be accomplished. A working group led by the relevant services of the Ministry of Mujahideen and those of the French Ministry of Defense has been set up to facilitate research and the exchange of information that could enable the rental of the graves of the missing. This working group, which met for the first time on February 11, 2016 in Algiers, was to meet a second time at the beginning of 2018, the objective being to definitively establish the method by which search work for the missing could be concretely undertaken on the ground. He asks him if this meeting actually took place and would like to know the progress of the research work.
Question· Question écrite14070answered
France · National Assembly
Mr. Hervé Pellois questions the Minister of Action and Public Accounts about the processing times for inheritance files from the land registry and registration services. Since the merger of the land registration and registration services, land registration deadlines have been significantly improved but the registration deadlines for other acts, such as inheritance declarations, have been significantly reduced. from three to four months. This change has significant repercussions on the release of life insurance funds since the registration of partial inheritance declarations is essential to release the latter. However, if we combine the time taken to inform beneficiaries of the existence of life insurance, the release of funds one month after receipt of a complete file and the processing time by administration, which increased from three to four months on average, the total time easily exceeds six months. This situation is problematic since the administration applies late payment interest from the sixth month on fees which could not be paid, even though this delay is due to the delay in processing the files by the administration itself. Alerted by several notary offices on this subject, he wishes to know the action it intends to take so that the administration significantly reduces the processing time for these files or, at a minimum, applies a tolerance with regard to the payment of the late payment compensation requested from the sixth month.
Question· Question écrite24110open
France · National Assembly
M. Hervé Pellois interroge Mme la ministre des solidarités et de la santé sur l'impact du plan d'économie demandé au secteur des prestataires de santé à domicile (PSAD). L'arrêté du 28 juin 2019, portant modification des modalités de prise en charge des dispositifs médicaux utilisés pour le recueil ou le drainage des urines et des selles inscrits au chapitre 1er du titre I de la liste prévue à article L. 165-1 (LPP) du code de la sécurité sociale, entraîne de fortes baisses de remboursement. Il met à mal les ressources des prestataires à domicile et leur viabilité économique. Alors que le plan « Ma santé 2022 » prévoit d'accroître les mesures de prise en charge à domicile, cette mesure fragilise ceux qui sont à même de la mettre en œuvre. Les PSAD interviennent sur prescription médicale et permettent à plus de deux millions de patients de suivre leur traitement chez eux. Alors que des économies sont recherchées, la prestation de santé à domicile a un coût de 30 à 40 % moindre que la prise en charge hospitalière. Entre 2013 et 2016, les PSAD ont par ailleurs contribué à la maîtrise des dépenses, en apportant en moyenne 50 millions d'économies par an dans le cadre de baisses de prix successives; en 2017 et 2018, cet effort annuel a été porté à plus de 90 millions. La croissance des dépenses résulte du vieillissement de la population, de l'augmentation de la prévalence des maladies chroniques, d'un meilleur diagnostic de certaines pathologies et de la mise en œuvre du virage ambulatoire. Elle ne peut être imputée aux PSAD. Par conséquent, il lui demande de préciser les mesures qu'entend prendre le Gouvernement pour assurer la viabilité économique du secteur de la PSAD et de ses 20 000 emplois indispensables aujourd'hui à la prise en charge de deux millions de patients.
Question· Question écrite14242open
France · National Assembly
Mr. Hervé Pellois questions the Minister, alongside the Minister of State, Minister of Ecological and Inclusive Transition, responsible for transport, on the implementation of the post-parking package (FPS) and its extremely damaging organizational and economic consequences which are currently weighing on shared mobility operators. Rental companies that previously had the option in the event of a parking fine of designate the responsible tenant must, from now on, 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. Indeed, current legislation does not allow these operators to transfer, in the context of their activity, responsibility for payment of the FPS on the actual driver of the vehicle. Furthermore, in the event that the customer wishes to contest the validity of the FPS, the law does not allow him to do so because the contest can only be exercised by the holder of the registration certificate, in this case the shared mobility operator. In addition, any clause introducing, into the general conditions of rental contracts, the automatic passing on of the charge of the FPS on the customer would be qualified as an unfair clause under 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 much higher than that of the average daily profit from the short-term rental of a vehicle. He wants to know the action which it intends to carry out so that this situation, which is particularly damaging to the activity of shared mobility operators, finds a rapid solution in order to re-establish a mechanism for designating the responsible tenant.
Question· Question écrite20011open
France · National Assembly
Mr. Hervé Pellois once again draws the attention of the Minister of Agriculture and Food to the removal of asbestos from agricultural buildings. After carefully reading the response published in the Official Journal of October 2, 2018 (page 8783) to his written question No. 8105 published in the Official Journal on May 8, 2018 (page 3815), he noted that the support incentive schemes are now placed under the responsibility of the regions by the interministerial note of June 3, 2014. However, regional authorities and in particular the Brittany region can hardly bear the regulations and the cost of rehabilitating a private asbestos building. Indeed, their budgetary priorities are rather devoted to investments in the direction of ecological transition by subsidizing new equipment. He therefore questions him about the means put in place by the State and the European Union to support regional authorities in the removal of asbestos from private agricultural buildings.
Question· Question écrite14298answered
France · National Assembly
Mr. Hervé Pellois draws the attention of the Minister of Action and Public Accounts to the inheritance processing fees applied by banks. Indeed, upon the death of a loved one, the deceased's bank charges inheritance processing fees which can go up to 2,000 euros. They correspond to the different actions carried out by the bank, namely: communication of the deceased's assets to the notary, closing of accounts and the payment of money to the notary so that he can distribute the funds between the heirs. The amount of this service varies from one bank to another and is specified in the pricing conditions. Banks also have an obligation to inform their customers of price changes. However, bank processing fees for inheritances increased by nearly 21% between 2012 and 2017, which constitutes a unreasonable increase in relation to inflation. If certain banks charge reasonable rates and provide banking advantages in cases where the heirs and the deceased are customers of the same bank, he would like to know what actions the Government intends to take to limit the increase in these fees.
Question· Question écrite7469open
France · National Assembly
The question concerns the compensatory benefit fixed in the form of a life annuity before the entry into force of the law of June 30, 2000 relating to the compensatory benefit in matters of divorce. The passive transferability of the compensatory benefit, which implies that upon the death of the debtor his heirs continue to pay the compensatory benefit, could have had consequences that were difficult to tolerate when the creditor remarried. had higher income than the debtor subject to new family responsibilities. However, equally difficult situations had to be taken into consideration, namely those of first wives relying on their ex-spouse for their survival, for having chosen a family rather than a career. This is the reason why the law of June 30, 2000 retained the principle of transferability of the benefit compensatory to the heirs, in accordance with common inheritance law. However, this transferability has been considerably adjusted in order to reduce the burden weighing on the debtor's heirs. This is how, first of all, the same law of June 30, 2000 established an automatic deduction of the amount of the compensatory benefit from survivor's pensions paid to the divorced spouse on the death of their ex-spouse. Then, the law of May 26, 2004 has clarified that the payment of the compensatory benefit is taken from the estate and within the limit of the estate assets. So in the event of insufficient assets, the heirs will not be liable for their own property. Furthermore, this same law established the automaticity of the substitution of capital for an annuity, unless unanimously agreed by the heirs. The capitalization scale takes into account INSEE mortality tables as well as a capitalization rate of 4%. When the heirs decided to maintain the annuity by personally obligating themselves to pay this benefit, the law gave them an action to revise, suspend or cancel the life annuity in the event of a significant change in the resources or needs of one or other of the parties, including for annuities allocated before the entry into force of the law. Finally, for the life annuities fixed before July 1, 2000, an additional option has been provided for revision, suspension or deletion when their maintenance in the current state would provide the creditor with a manifestly excessive advantage in view of the age and state of health of the creditor. Law No. 2015-177 of February 16, 2015 specified that the duration of the annuity payment and the amount already paid were also taken into account. The device resulting from these successive laws is thus balanced, and their revision is not part of the government's current projects.
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