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21 records where Michel Delpon is listed as a sponsor, author, or other actor. Search with topics and years
Question· Question écrite6584open
France · National Assembly
Mr. Michel Delpon draws the attention of the Minister of the Economy and Finance to the situation of brands with commercial premises in the territory facing internet companies. Store owners are worried about the unfair competition they face from Internet players, particularly in terms of taxation. Concerning VAT, internet multinationals have been able to play with the different rates practiced in European Union countries, using the reduced rates to be cheaper than their competitors. The recent decision of the European Commission to make VAT paid at the place of consumption was beneficial, but it did not solve all the problems. Indeed, the economic model of "pure players of the internet" does not offer any profitability, they have transformed their merchant sites into marketplaces where individuals French, European or non-European people can sell products at their leisure. This situation makes the payment of VAT difficult to control. Concerning the payment of corporate tax, the situation is not more reassuring. The four finance ministers, French, German, Italian and Spanish, proposed to Brussels the establishment of a taxation system binding the American internet giants such as Google, Apple, Facebook and Amazon to pay their taxes due in Europe. They asked the Commission to study the idea of an equalization tax, the base of which would be the turnover generated in Europe, the amounts collected having to reflect the reality of the activities of these groups in the Union. This project is floundering due to opposition from countries that practice tax dumping, including Ireland and Luxembourg. The rise of the Internet has made emerge “pure player” players who have become predominant in the life of local commerce, while selling remotely. This made local economic taxation particularly unfair. The internet giants also use local infrastructure for their deliveries, garbage collection for the collection of their packaging, and deposit at points of sale without paying any tax. Thus, pure players can reinvest the non-payment of these taxes in price reductions or delivery facilities which make them more competitive. Also, he asks him if it is envisaged that the local taxation based on the footprint of the stores will be replaced by taxation based on a base common to all the players in the trade.
Question· Question écrite19285open
France · National Assembly
Mr. Michel Delpon draws the attention of the Minister of Labor to Directive 2003/88/EC of the European Parliament and of the Council, relating to the organization of working time. It provides in the subject of its article 2.1 that working time is understood to mean “any period during which the worker is at work, at the disposal of the employer and in the exercise of his activity or functions, in accordance with legislation or practices national”. A judgment of the European Court (case C-266/14) came in 2015 to clarify the interpretation of this article. It specifies that the travel time of workers who do not have a fixed or usual place of work constitutes “working time” for journeys between their home and the sites of the first and last clients designated by their employer. The transcription of these provisions into law French, in this case the labor code, has not been carried out to date. For the purposes of harmonization and response to this part of workers who travel several hours every day, without being responsible for the choice of their employers not to have local sites, he asks whether the Government intends to act on an adaptation of article L. 3121-4 of the said code.
Question· Question écrite14241open
France · National Assembly
Mr. Michel Delpon draws the attention of the Minister, to the Minister of State, Minister for the ecological and inclusive transition, responsible for transport, to the implementation of the post-parking package (FPS) and its organizational and economic consequences which weigh on shared mobility operators. Whereas previously, rental companies had the possibility, in the event of a parking fine, 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. 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. Any clause introducing the automatic passing on of the FPS charge to the customer would be qualified as a clause abusive with regard to consumer rights. The financial consequences are significant and the amounts of the FPS are often much higher than that of the average daily profit from the short-term rental of a vehicle. On the other hand, it is important to emphasize that shared mobility players represent an alternative to vehicle ownership and contribute to the renewal of the vehicle fleet, rental fleets are made up of recent vehicles renewed on average every 6 months. Also, he asks him if the mobility orientation bill provides for the establishment of a mechanism for designating the client of the shared mobility operator.
Question· Question écrite13775open
France · National Assembly
Mr. Michel Delpon draws the attention of the Secretary of State, attached to the Prime Minister, responsible for disabled people, to the situation of disabled workers who have reached the legal retirement age and whose disability recognition rate has been recognized between 50% and 79%. From the age of 62, for them, the benefit of the disabled adult allowance ends and retirement pensions and social benefits compensatory measures take over in most cases, whereas from an 80% disability recognition rate, the AAH is maintained beyond this age. Having been unable to hold a job permanently and lead a career allowing them to claim a retirement pension, these people see their purchasing power drop suddenly when they live as a couple because these benefits are calculated on the income of the tax home. In fact, the annual income ceiling conditioning the right to AAH in this situation is 19,459 euros and that of ASPA is 15,222.54 euros. So when the ASPA takes over, a household's income becomes capped at 1,268.54 euros per month whereas they were previously at 1,621.58 euros. This drop in purchasing power represents a form of double punishment for those who, for health reasons, were unable to open their right to a decent retirement. Also, he asks how the State can support these retirees whose state of health has not allowed them to contribute to the financing of their retirement.
Question· Question écrite13759answered
France · National Assembly
Mr. Michel Delpon draws the attention of the Minister of the Economy and Finance to the terms of allocation of the housing allowance in application of article 2 of the decree of December 29, 2017, modifying article 1 ter of the decree of December 26, 2000 relating to the housing allowance. If the “ceiling salary”, for eligibility for the allowance is defined according to the employee's net taxable salary, it does not dissociate the fixed income from the hours occasional additional work carried out. Thus, for a file study based on the income of the month preceding a request, a net taxable amount greater than ten euros above the threshold set by law, can render an application for an allowance inadmissible and affect the employee's purchasing power by several hundred or even thousands of euros over a year. Inadmissibility for this reason may be experienced by the taxpayer as a profound injustice going against the encouragement of work. At the time of the tax exemption measure for overtime hours announced for September 2019, a measure which encourages the investment of employees and increases their purchasing power, and following the announcement of the change in the method of calculating housing assistance planned for the first half of 2019, he asks to what extent the income from hours Additional one-off payments will be included in the amount defining the eligibility ceiling for the various social benefits.
Question· Question écrite13668open
France · National Assembly
M. Michel Delpon attire l'attention de M. le ministre de l'économie et des finances sur les difficultés d'installation rencontrées par les courtiers en vin, dits « courtiers de campagne », depuis la promulgation de la loi n° 2016-1691 du 9 décembre 2016 relative à la transparence, à la lutte contre la corruption et à la modernisation de la vie économique. L'article 164 de cette loi rappelle les dispositions initiales de la loi n° 49-1652 du 31 décembre 1949 réglementant la profession et relatives aux conditions d'installation des courtiers en vin et notamment le 7ème critère, en l'espèce « Justifier de connaissances et d'une expérience professionnelle, dans des conditions définies par décret ». Il résulte de l'absence de cadre, un gel des dossiers dans les chambres régionales de commerce et d'industrie, laissant les futurs courtiers dans l'impossibilité de s'installer ou de prendre des successions. Il lui demande dans quels délais les modalités de ce décret d'application seront définies et publiées.
Question· Question écrite13427open
France · National Assembly
Mr. Michel Delpon draws the attention of the Minister of Agriculture and Food to the quality of the display on food products of the use-by date (DLC) or minimum durability date (DDM). Indeed, in many cases, these dates are not sufficiently visible, whether at the time of purchase or when storing the product at home: location difficult to find, reduced readability, date partially erased or which fades over time This does not allow the consumer to have information which is nevertheless essential for the consumption of the product which could present a loss of its micro-biological, taste, physical or nutritional qualities and represent a health danger. In addition, a more readable display would save time and efficiency when sorting products in order of expiration during shelving and restocking. Also, he asks if it is possible to make this information much more readable for the consumer by imposing greater readability and guaranteeing a lifespan of the display at least as long as that of the product.
Question· Question écrite12382answered
France · National Assembly
Mr. Michel Delpon draws the attention of the Keeper of the Seals, Minister of Justice, to the automatic revocation of matrimonial benefits which only take effect upon the dissolution of the matrimonial regime or the death of one of the spouses, unless the contrary wish of the spouse who consented to them is noted in the agreement signed by the spouses and countersigned by the lawyers or by the judge at the time of the divorce, and then rendering irrevocable the advantage maintained (C. civ., art. 265, al. 2). It was specified that, if the wishes of the spouse had to be noted at the time of the divorce, it could nevertheless be expressed beforehand, and more precisely manifested in the marriage contract, the judge simply noting this agreement at the time of the divorce to make the advantage irrevocable. The solution, particularly welcome, particularly for participation schemes to acquisitions which have been the subject of conventional arrangements, deserve to appear in the civil code and thus have the force of law. Also, he asks him if the next justice reform could be an opportunity to make this adjustment.
Question· Question écrite12380answered
France · National Assembly
Mr. Michel Delpon draws the attention of the Keeper of the Seals, Minister of Justice, to the current wording of paragraph 3 of article 1527 of the civil code. Providing for a deferral of the action for retrenchment upon the death of the survivor of the spouses, it remains silent on the possibility that these children have of purely and simply renouncing said action for retrenchment, as they can renounce their action for reduction against the donations granted. in particular to the spouse (Civil Code, art. 929 et seq.). It would seem appropriate to expressly consider this option to dispel practitioners' doubts. Also, he asks him if the next justice reform could be an opportunity to make this adjustment.
Question· Question écrite12379answered
France · National Assembly
Mr. Michel Delpon draws the attention of the Keeper of the Seals, Minister of Justice, to the current wording of paragraph 2 of article 1527 of the civil code. Providing for the retrenchment action which allows children not from the union to request the reduction of possible excessive matrimonial advantages to protect their reserve, it leaves doubts remaining both as to its scope of application and its effects, essentially due to a outdated writing. It would seem appropriate, first of all, to affirm that all the advantages resulting from the marriage contract are concerned (and not only those resulting from a conventional community) and, then, to close a doctrinal debate by fixing for the sake of fairness an identical maximum advantage for all regimes, namely the equivalent of the legal community accompanied by the special available share between spouses in its widest sense. expression. Also, he asks him if the next justice reform could be an opportunity to make this adjustment.
Question· Question écrite11062open
France · National Assembly
Mr. Michel Delpon draws the attention of the Minister of the Economy and Finance to the taxation applicable to shared donations. In fact, the old doctrine relating to the right of sharing has not been fully included in the public finance-tax bulletin. When a new sharing donation integrates an old sharing donation, without changing the attribution of the goods already given and shared, in particular to ensure stability only this solution is authorized in the event of the birth of a new child, the right of sharing is logically not applied to the integrated donation-sharing without any modification. The confirmation of previous doctrine is all the more important as recent case law (Cass. 1e civ, Nov. 20, 2013, no. 12-25.681) is very demanding for a donation to be considered a true sharing donation. He asks her well wish to communicate to him the analysis of his services on this question.
Question· Question écrite11053open
France · National Assembly
Mr. Michel Delpon draws the attention of the Minister of the Economy and Finance to the treatment of interest on an advance granted on a life insurance contract in terms of property income. Indeed, article L. 132-21 of the insurance code provides the option for the insurer to grant an advance to the contractor, an advance defined by the Official Bulletin of Public Finances-Taxes as a loan (BOI-RPPM-RCM-20-10-20-50, § 130). Also, he asks him whether the taxpayer who uses an advance to acquire a given building for bare rental can deduct from his property income the interest on the advance granted according to the principles of article 31 of the general tax code (which authorizes taxpayers to deduct from their net property income interest on debts contracted for conservation, acquisition, (re)construction, expansion, repair or improvement of buildings rented) and, if this is the case, under what conditions.
Question· Question écrite21090open
France · National Assembly · 6 February 2019
Mr. Michel Delpon questions the Minister of Solidarity and Health about the situation of doctors falling into the PADHUE category. If the bill relating to the organization and transformation of the health system provides, for new candidates, to secure their access to employment conditions by harmonizing them with the status of postgraduate students, the situation of practicing practitioners would remain to be defined. He asks him to provide clarification on the issue, particularly with regard to the prescription of the skills consolidation process already undertaken by these practitioners with a view to their application for registration with the Order of Physicians.
Question· Question écrite20997open
France · National Assembly · 6 February 2019
Mr. Michel Delpon alerts the Minister of National Education and Youth to the situation of candidates from the complementary list of the external public CRPE (school teacher recruitment competition) of the Bordeaux academy who do not have information on their potential assignments. Positioning on possible other positions is impossible as long as these candidates are uncertain about the recruitment method: Concretely, will it be done by opening the additional list or by recruiting contract workers? For the sake of transparency, a “Parcoursup – CRPE admission” type portal would perhaps be interesting to set up with an alert email sent to people waiting. He would therefore like to know his intentions on this issue.
Question· Question écrite9238answered
France · National Assembly · 5 December 2018
Mr. Michel Delpon draws the attention of the Minister of Action and Public Accounts to the difficulties encountered by local authorities responsible for collecting the tourist tax in proceeding with automatic taxation. Articles L. 2333-38 and L. 2333-46 of the general code of local authorities govern the legislation relating to the automatic taxation of the tourist tax as well as the flat-rate tourist tax. They provide, before the implementation of an automatic imposition procedure, the sending of a formal notice by LRAR to landlords, hoteliers, or owners attesting to a delay in the payment of the tourist tax or the flat-rate tourist tax. However, depending on the situation, the automatic taxation procedure can only be implemented if the taxpayer has responded to the formal notice, indicating in particular the necessary elements to calculate the amount of tourist tax due. This results in an impossibility of recovery if the debtor is not in good faith. Neither paragraphs 2 of the aforementioned articles, despite their application of an interest of 0.75% per month of delay, nor the 4th class contravention provided for in 4° of article R. 2333-54 of the same code, currently allow systematic access to these debts. He asks him if he should establish a minimum number of nights as a basis for automatic taxation for the community in the event that the taxpayer does not respond to the formal notice would not seem a coherent measure, and if he intends to put it in place.
Question· Question écrite10434answered
France · National Assembly · 6 October 2018
Mr. Michel Delpon draws the attention of the Minister of Agriculture and Food to the situation of contract teachers and civil servants in agricultural education who are required to respond to invitations to correct exams. These corrections take place over several days and on examination sites sometimes very far from administrative residences. This results in travel and accommodation costs which represent significant sums over a week which can represent up to a third of certain salaries. These costs are only reimbursed at least 5 months after carrying out this mission and in amounts which do not take into account the reality of current costs, fuel, catering, overnight stays. Also, he asks if it is possible to revalue the amount of expenses and reduce the repayment period in order to avoid not penalize teachers financially.
Question· Question écrite7105answered
France · National Assembly · 3 March 2018
Mr. Michel Delpon draws the attention of the Minister of State, Minister of Ecological and Inclusive Transition, to the project to create a public asbestos eradication center submitted by the coordination of associations of victims of asbestos and occupational diseases (CAVAM). The decree of February 7, 1996 has prohibited since January 1, 1997 the manufacture, transformation, sale, import, placing on the market and transfer of asbestos and materials containing it. CAVAM points out that the risks of professional or environmental contamination following the inhalation of asbestos dust are still present and that, given the 20 million tonnes of asbestos remaining in France, 100,000 deaths are expected by 2050 for the 2 million employees potentially exposed to the risks of asbestos. Asbestos removal is subject to regulations strict in order to avoid exposure to anticipated public health risks. A pilot funded by ADEME made it possible to study the inhibition of the specific danger of asbestos. The envisaged process is broken down into two distinct and successive phases: the first is an acid attack on the waste which leads to the production of an intermediate material (IM); the second is to subject these intermediate materials to attack hydrothermal to synthesize zeolites. Risk studies, the drafting of removal plans as well as the deployment of processes require specialized companies to master the entire asbestos chain up to the final transport of waste, carried out by ADR qualified drivers (transport of dangerous materials) and supervised by waste management managers. Asbestos waste must be packaged, transported and treated according to the risk of fibers flying away. They are subject to the waste tracking form. This is why, in order to avoid the speculative operations that we have observed with private storage depots with a more economic than health vocation, the creation of a public asbestos eradication center in France seems judicious. The Bergerac NC establishment manufactures industrial nitrocellulose (NCI) for many applications: edible inks, paints, varnishes The production of nitrocellulose requires the use of strong acids which are prepared on site both for BNC's own needs and those of Manuco. The establishment is classified AS by its storage of concentrated acids (1950 tonnes authorized for an AS threshold of 200 tonnes). Today, the situation of BNC can be summarized in the 3 main decrees following prefectural authorization to operate: the prefectural decree of August 22, 1995 focused on chronic risks (air, water, waste); the additional prefectural decree “Post Seveso 2” of July 10, 2007 focused on technological risks; the prefectural decree “Risk Control Measures” which concludes the investigation of the hazard study. Note that BNC provides an assembly function on the platform for certain activities common to the 4 companies on the site (BNC, Eurenco, Manuco and Durlin): guarding and security, management of the boiler room for the supply of steam, management of the acid park, water pumping station in Dordogne, implementation of the POI and the PPI. This Seveso 2 site in Bergerac, already equipped and experienced in handling acids, has all the prerequisites to host the pre-industrial phase of the pilot. The action plan interministerial asbestos agreement expires in June 2018. He also asks if its extension is planned and if a project to install a public asbestos eradication center in Bergerac could fall within the framework of the R and D asbestos Plan.
Question· Question écrite7001open
France · National Assembly · 3 March 2018
Mr. Michel Delpon draws the attention of the Minister of Agriculture and Food to the situation of oak sawyers. Exports of raw oak to China are constantly increasing, + 35% in January 2018 compared to the previous year and French oak sawmills are operating at 60% of their capacity due to lack of raw material. Today, 25 to 30% of the national forest oak collection is exported without processing while the majority of competing forest countries have banned such leakage of this raw resource. France has become the Eldorado of international starters. In just 10 years, the volumes of raw oak (oak logs) available to French sawmills have been halved. This situation endangers 200,000 French jobs in the wood processing sector, including 26,000 directly linked to oak sawmills. There are only 550 of them left in the country compared to more than 900 in 2005. Wood processing generates 10 to 20 times more jobs than the export of raw wood. Also, he asks him to take measures to limit exports of French raw wood in order to rebalance the supply of French sawmills and promote the national market and the export of processed products. “made in France” wood base.
Question· Question écrite1699open
France · National Assembly · 9 March 2017
Mr. Michel Delpon draws the attention of the Minister of Agriculture and Food to the situation of agricultural retirees. Small agricultural pensions concern nearly a million farmers. The pension of a non-agricultural employee - farm manager, collaborating spouse or family helper -, according to a report from the Assembly's Social Affairs Committee, amounts on average to 766 euros per month, i.e. a lower level of 5% to the solidarity allowance for the elderly and 10% to the poverty threshold. While the previous government had planned to revalorize agricultural pensions in order to raise the minimum threshold to 75% of the SMIC on January 1, 2017, on February 2, 2017, the deputies unanimously voted for a bill in favor of an revalorization of agricultural pensions up to 85% of the SMIC on January 1, 2018. This measure was evaluated at 266 million euros. Since then, this bill has been pending in the Senate following the suspension of work during the electoral period. Agricultural retirees who receive small pensions are waiting for this bill to be voted on in the Senate and promulgated. Consequently, he asks him what he intends to do in order to resolve this issue and in this case whether this measure will be financed for 2018.
Question· Question écrite1621answered
France · National Assembly · 9 March 2017
Mr. Michel Delpon draws the attention of the Minister of Territorial Cohesion to the situation of rural municipalities faced with the new methods of application of article 55 of the solidarity and urban renewal law (SRU). The equality and citizenship law of January 27, 2017 and its implementing decrees of May 5, 2017 have changed the terms of application of article 55 of the SRU law. The main development is the replacement of the composite indicator (vacancy, number of APL beneficiaries and tension) by a single indicator from the national registration system, the tension rate, to evaluate the percentage of social rental housing (LLS) to be achieved by the municipalities subject to the obligation. Decree No. 2017-840 sets the thresholds increasing municipalities from 20 to 25% of LLS and identifying exempt municipalities. For certain rural municipalities subject to the obligations of the SRU law, difficulties arise in particular by the increase from 20 to 25% of the production objectives of LLS which does not correspond to the reality of the need for the territory concerned and which is moreover limited by the land capacity. This will de facto lead to vacancy and depopulation of the older existing public social housing stock. In addition, no social operator for housing in rural areas is in operation. capacity to produce as many housing units which can represent for the municipality of Bergerac (24), for example, 1,400 additional LLS. Consequently, he requests a review of the methods for calculating the tension rate for rural areas.
Question· Question écrite1473open
France · National Assembly · 9 March 2017
Mr. Michel Delpon draws the attention of the Minister of Culture to the free broadcasting authorization granted by SACEM for concerts organized as part of the Fête de la Musique. In many small towns, associations organize free concerts on the occasion of the Music Festival, choosing for reasons of attendance to postpone this festival to the nearest Friday or Saturday. However, the gratuity granted by SACEM only applies to concerts organized on June 21. This situation makes the organization of the music festival impossible in small towns by associations which can no longer bear the cost. Consequently, he asks it to be able to extend free broadcasting to concerts organized on the Friday or Saturday following or preceding June 21 and only as part of the Fête de la Musique.