Question· Question écrite2478open
France · National Assembly
Mr. Raphaël Schellenberger questions the Minister of State, Minister of Ecological and Inclusive Transition, on the energy future of Alsace. The Minister recently reaffirmed his desire to close the Fessenheim nuclear power plant by the end of the five-year term, even though large-scale works, notably relating to the base of the plant, electrical safety and resistance to earthquakes, have greatly improved the security of the latter, which is one of the safest in France according to the Nuclear Safety Authority. The Fessenheim nuclear power plant is essential to maintaining the Alsatian network. The nearest power plant, after the planned closures of power plants in Germany and Switzerland, is located in Cattenom, in Moselle, more than 300 kilometers away. It seems inconceivable that an industrial region like Alsace could be deprived from a closer power station. The future of thousands of jobs and the quality of life of the region's residents depend on these strategic energy choices. While the construction of a 600 MW thermal power plant appears essential to deal with the high vulnerability of the electricity network that a possible closure of the Fessenheim nuclear power plant would create, he questions the measures envisaged to enable Alsace to remain a competitive and dynamic industrial location, to powerfully support the energy transition across this territory and to maintain a very good quality of available power.
Question· Question écrite2477open
France · National Assembly
Mr. Raphaël Schellenberger questions the Minister of State, Minister of Ecological and Inclusive Transition, on the future of the French nuclear industry. With more than 2,500 companies, the nuclear sector constitutes the third French industrial sector and a field of excellence which allows France to shine throughout the world through its competence. By trusting science and progress in its energy policy choices, France has supported the development of a demanding industry with high added value. Today, France has engineers and technicians with unique expertise in the world. This constitutes an asset for France, a promise of success. Recent directions in terms of energy, gradually reducing the share of nuclear power in the French energy mix and devaluing the contributions of this sector to the economic dynamism of our country, threaten the excellence of the French nuclear industry at a time when the world is experiencing renewed interest in nuclear reactors. France, through the quality of its expertise, has the assets to become an essential player in the future of this sector, provided that it maintains its confidence in this low-carbon energy source, essential for reducing greenhouse gas emissions. He therefore questions him about the ambition it intends to have in terms of research in the nuclear field in order to seize growth opportunities in the sector.
Question· Question écrite2366open
France · National Assembly
Mr. Raphaël Schellenberger questions the Minister of Solidarity and Health on the non-compensation of tax exemptions on low wages which threatens the proper functioning of the agricultural accident insurance funds (CAAA) of the departments of Bas-Rhin, Haut-Rhin and Moselle. These social security organizations, created in 1889, are responsible for covering work accidents and occupational diseases (AT/MP) for nationals agricultural and para-agricultural employees and non-employees of these three departments. However, unlike previous exemptions from employer contributions on low salaries, the exemption system put in place in 2015 has still not been compensated by a procedure for reimbursement of these exemptions. If it is admissible that the principle of financial compensation for transfers of charges between the State and social security be traditionally implemented in a global manner, it is however appropriate, in the present case, to examine the particular situation relating to the social security system under local law of which the CAAAs of Bas-Rhin, Haut-Rhin and Moselle are part since these funds only deal with the AT/MP branch, no equalization is possible between the different branches. He therefore questions him about the measures envisaged to compensate contribution exemptions for low salaries and thus allow these funds to pursue their mission.
Question· Question écrite2343answered
France · National Assembly
Mr. Raphaël Schellenberger questions the Keeper of the Seals, Minister of Justice, on the situation of authorized notary clerks in Alsace and Moselle and the application of the law of August 6, 2015 for growth, activity and equal economic opportunities. In fact, this law removes the authorization for all notary clerks. In order to compensate for this deletion, the decree of May 20, 2016 allows clerics, through article 17, to establish themselves as notaries until December 31, 2020, under certain conditions. However, this measure does not apply in Alsace and Moselle, local law requiring a specific competition for which a notary diploma is previously required. The concerns of authorized notary clerks practicing in Alsace and Moselle regarding the future of their prerogatives are serious and deserve careful consideration. He therefore asks him about the provisions envisaged, in addition to the decree of May 20, 2016, to allow the application of the law of August 6, 2015 not to create unequal treatment in this regard.
Question· Question écrite21671open
France · National Assembly
Mr. Raphaël Schellenberger draws the attention of the Minister of National Education and Youth to the difficulties encountered by association presidents when hiring temporary entertainment workers. Indeed, as part of its activities, an association can set up a cultural project occasionally (for example a fair) or regularly (for example a festival). In order to recruit artists, volunteers are subject to several obligations: registration at the one-stop shop for occasional entertainment (GUSO), declaration prior to employment (DPAE), simplified single declaration (DUS), declaration of contributions due for employment, annual declaration of social data (DADS), employment certificate intended for Pôle emploi, employment certificate intended for the entertainment leave fund, establishment of a long-term employment contract determined usage (CDDU) and finally, payment of social security contributions. All of these procedures, cumbersome and time-consuming, demonstrate a desire for hyper-professionalization of associations, and prove counterproductive, particularly for volunteers in rural areas. Consequently, he asks him what measures he intends to take to relieve volunteers during this declaration process.
Question· Question écrite21636open
France · National Assembly
M. Raphaël Schellenberger appelle l'attention de Mme la garde des sceaux, ministre de la justice, sur la conduite d'enquêtes publiques par un commissaire enquêteur par ailleurs élu au sein d'une collectivité territoriale dont le territoire couvre tout ou partie du périmètre de l'enquête publique. Le champ des projets soumis à enquête publique est varié : projets routiers et ferroviaires, projets liés à la production d'énergie ou installations classées pour la protection de l'environnement. Ces projets émanent de différents acteurs, institutionnels ou privés, et ne peuvent en aucun cas être ceux des commissaires enquêteurs dont l'indépendance et l'impartialité constituent, au même titre que les compétences et qualifications, des exigences à leur nomination par le président du tribunal administratif. À cet égard, il apparaît que la situation de commissaires enquêteurs assumant un mandat d'élu local au sein d'une collectivité dont les compétences s'exercent sur le territoire concerné par l'enquête publique mérite une attention particulière. Il l'interroge donc sur les dispositions envisagées à cet égard pour prévenir tout risque de conflits d'intérêts et garantir l'indépendance et l'impartialité de l'enquête publique.
Question· Question écrite19669answered
France · National Assembly
Mr. Raphaël Schellenberger draws the attention of the Minister of the Economy and Finance to the application of consumer rights regarding withdrawal at trade fairs and specialized exhibitions. These fairs and exhibitions constitute unique theaters of connection between buyers and sellers which cannot obey in all respects the same rules as commercial relations established in stores or online. If these singularities, sources of attractiveness for these events, find motivated foundations translated into law, it is however necessary to pay constant vigilance and to ensure that the consumer is well informed. In this regard, it appears, as several consumer associations point out, that the absence of a right of withdrawal in the context of transactions carried out at trade fairs and exhibitions regularly suffers. a detrimental visibility deficit. Also, he questions him about the measures envisaged to ensure better consumer protection in this area.
Question· Question écrite17326open
France · National Assembly
Mr. Raphaël Schellenberger questions the Minister of State, Minister of Ecological and Inclusive Transition, on the energy tax choices made by the Government. After presenting a dynamic of brutal increase in energy taxes in the 2018 budget then in the finance bill submitted to Parliament in September 2018, the Government was forced to give it up at the end of the fall, deciding urgently to freeze the carbon trajectory defended a few weeks earlier. These improvisations, on a tax matter which on the contrary requires method and visibility, reflect the inconsistency of the energy policy conducted by the Government. Thus, although the trajectory of a sharp increase in the domestic natural gas consumption tax (TICGN) has been frozen, it remains at a high level, 8.45 euros/MWh in 2019 compared to 5.88 euros/MWh in 2017, which strongly penalizes companies using this energy without this high rate being part of any effective energy strategy, the internal consumption tax on LPG fuel being frozen at a rate of 6.63 euros per 100 kg net. This introduces a tax distortion between two types of fuel that is inversely proportional to the carbon footprint. He therefore questions the Government on the place of natural gas in its energy policy and asks what method is now being considered in order to finally define coherent and stable energy taxation.
Question· Question écrite17927open
France · National Assembly
Mr. Raphaël Schellenberger questions the Minister of Action and Public Accounts on the rate of tax relief granted to people incurring costs related to dependency. In fact, the median price of permanent accommodation in EHPADs has increased significantly in recent years, to now be around 2,000 euros per month, or 24,000 euros per year. The tax reduction calculated on the basis of 25% of expenses linked to dependency (capped at 10,000 euros), from which the aid received has been subtracted, cannot exceed 2,500 euros/year per person accommodated. Thus, the maximum tax reduction currently represents only 10.41% of the median annual cost of accommodation in an EHPAD. Considering these figures, it appears that the capping of 10,000 euros is no longer adapted to the current reality of costs. He therefore questions the Government on the measures it intends take to remedy this by committing to the purchasing power of seniors.
Question· Question écrite22519open
France · National Assembly
Mr. Raphaël Schellenberger draws the attention of the Minister of Solidarity and Health to the lack of recognition of Lyme disease. While the number of new infected patients is steadily increasing in France and the risk is particularly high in Alsace, the serological tests offered unfortunately cannot diagnose this infection 100%. In addition, the care of people remains at the good will of the general practitioners. In June 2018, the High Authority for Health finally recognized the existence of symptoms in patients who say they are infected with Lyme disease and proposed recommendations. However, no appropriate therapeutic support after infection is known or established by doctors and health insurance. He would therefore like to question him on the measures envisaged by the Government, in the interest of patients and to improving their daily lives in the face of this disease.
Question· Question écrite20441open
France · National Assembly
Mr. Raphaël Schellenberger draws the attention of the Minister of Agriculture and Food to the proposed system for collecting sales of municipal wood by the accounting agency of the National Forestry Office (ONF). This project, proposed in the COP 2016-2020 (Objective and performance contract), was initially to be the subject of extensive consultation with all stakeholders. He was finally unilaterally arrested by the Government on October 19, 2018, and will be imposed on forestry municipalities from July 1, 2019. This new provision, expected to present advantages in terms of monitoring payments and issuing permits to remove or exploit wood, appears above all as placing French forestry municipalities under supervision. The ONF would thus become the imposed manager selling services to municipalities from now on customers, and collecting their receipts. This 25 million euro bandage supposed to improve the working capital of the ONF will in no way solve its problem of a drifting economic model and will temporarily deprive the 11,000 rural municipalities of the revenue which today allows them to invest in their territories. This decision, taken in contradiction with the principle of community autonomy, is strongly criticized by elected officials. forest communities. Consequently, he asks him to suspend this measure, in favor of consultation with the stakeholders concerned.
Question· Question écrite16093open
France · National Assembly
Mr. Raphaël Schellenberger questions the Minister of Labor on improving access to work for disabled people. With a view to promoting the direct employment of people with disabilities, the law of September 5, 2018 for the freedom to choose one's professional future now provides for the exclusion from the accounting of employment obligations of subcontracting contracts entered into by companies or communities with aid establishments. for work (ESAT), adapted companies (EA) and self-employed workers with disabilities (TIH). These different structures now represent 250,000 disabled workers. Their representative associations express fears about the weakening of the activity of ESAT, EA and TIH brought about by the reform undertaken. With a view to the publication of the related implementing decrees, he therefore asks the Government what measures will be adopted to promote the direct employment of people with disabilities without harming the current activity of the 250,000 people with disabilities working in ESAT, EA or as TIH.
Question· Question écrite1427open
France · National Assembly
Mr. Raphaël Schellenberger questions the Minister of Solidarity and Health about the complementary CMU (CMU-C), which gives the right to free coverage of the additional portion of the beneficiary's health expenses. Doctors are prohibited from exceeding fees for the treatment of patients benefiting from CMU-C. The CMU-C also includes care packages, for dental care in particular, including dental prostheses. In this context, the dentist is required to apply a price scale fixed by decree, often in deficit when it comes to dental prostheses. If it is obvious that the role of public authorities is to support fellow citizens facing difficulties in accessing care, it is more surprising to place part of this effort on private dental surgeons who are forced to take at their personal expense part of the treatments provided to CMU-C beneficiaries. He would therefore like to question him on the opportunity to open a discussion to develop the current system, in the interest of patients and in respect for the work of health professionals.
Question· Question écrite1414open
France · National Assembly
Mr. Raphaël Schellenberger questions the Minister of Solidarity and Health on the reimbursement of integrated systems, composed of an insulin pump and a sensor, as part of the treatments offered against diabetes. This technology now allows diabetics to control their blood glucose level thanks to the placement, on the skin, of a sensor connected to a transmitter which supplies information to the blood pump. insulin, thus adapting the treatment in real time. This new device is not yet reimbursable by social security, whereas the glucose sensors alone, operating without connection to the insulin pump, known as “Freestyle Libre”, have been reimbursed since June 1, 2017. Given the interest of this new device for patients and the savings it generates in the cost of treatments, it appears relevant to think about reimbursement options. He would therefore like to know the Government's position on this issue.
Question· Question écrite17229open
France · National Assembly
Mr. Raphaël Schellenberger questions the Minister of the Interior about the proposal, often made by municipalities, aimed at making the declaration of domiciliation to the town hall in whose territory the said place of residence is located. If local Alsatian-Moselle law contained this obligation, the criminal sanctions linked to it were repealed in 1919 in these territories. Such a provision, applied in many European countries, as indicated in a study published in 2004 by the comparative legislation service of the Senate, would nevertheless constitute an asset for the municipalities, particularly in the context of the discussions carried out with regard to the infrastructure projects that they can carry out. This obligation would also make it possible to better understand the issues linked to the illegal occupation of housing and over-occupancy in the private rental stock. Also, he questions the Government's position on the subject.
Question· Question écrite17220answered
France · National Assembly
Mr. Raphaël Schellenberger questions the Minister of Agriculture and Food about the health problems encountered in spruce stands. Indeed, the climatic conditions of summer 2018 were conducive to the proliferation of bark beetles, the main beetle pests of coniferous forests. To date, the first estimates from forest managers indicate more than 600,000 m3 of loss of bark beetle wood in the Grand Est, i.e. 30% of the average annual softwood harvest. This crisis is only just beginning and is likely to continue for several years. The emergency solution provided by the forest health department, consisting of rapid harvesting of affected wood, causes a significant financial loss for forest owners. In fact, bark wood is not valued at the same level as healthy spruce. Added to this is the loss of value future of young stands harvested before maturity, as well as the necessary need for reforestation. This crisis also affects primary processing companies, which work to quickly saw bark-bearing wood, and must bear the costs of cash advances and wood storage on their own. Finally, a problem specific to the Grand Est is added. In fact, a majority of bark beetle woods are found in the northwest of the region, when the primary processing companies are located opposite them, in the east. This configuration necessarily entails additional transport costs. The timber industry is trying to organize itself effectively to deal with the bark beetle crisis. However, financial support from public authorities would provide beneficial assistance in carrying out their strategy. He therefore questions him about the measures he intends taken to support the hard-hit timber sector.
Question· Question écrite16951answered
France · National Assembly
M. Raphaël Schellenberger interroge M. le ministre de l'agriculture et de l'alimentation sur l'application de l'article 11 de la loi du 30 octobre 2018 pour l'équilibre des relations commerciales dans le secteur agricole et alimentaire et une alimentation saine, durable et accessible à tous. Cet article habilite le Gouvernement à prendre par ordonnances diverses mesures relatives au fonctionnement des coopératives agricoles en modifiant le code rural et de la pêche maritime. Un travail de concertation avec les acteurs du secteur devait alors s'engager pour préparer cet acte et appliquer ledit article 11 dans des conditions respectueuses et efficaces. Or il apparaît que le projet d'ordonnance proposé par le Gouvernement soulève actuellement de vives inquiétudes quant à ses conséquences économiques et sociales pour les coopératives. Les spécificités de ces structures, distinctes d'entreprises commerciales classiques, doivent être pleinement prises en compte par le Gouvernement. Un travail avec les parlementaires et les acteurs du secteur s'impose pour ne pas mettre en difficulté les coopératives agricoles. Il l'interroge donc sur les mesures et la méthode envisagées pour respecter ces spécificités.
Question· Question écrite1430open
France · National Assembly
Mr. Raphaël Schellenberger questions the Minister of Solidarity and Health on the situation of cross-border workers with dual affiliation to the Swiss health system as well as the French health system. The Franco-Swiss agreement signed on July 7, 2016, which entered into force on October 1, 2016, was however to allow cross-border workers in a forced situation to simultaneously affiliate to the two regimes, when they do not have formally submitted a request for exemption from compulsory Swiss health insurance, to choose, until September 30, 2017, the affiliation of their choice. While this agreement explicitly aims to avoid simultaneous affiliation to health insurance in both countries, it appears that certain primary health insurance funds (CPAM) do not remove from their registers cross-border workers who have nevertheless chosen affiliation to the Swiss health plan. Consequently, many cross-border workers in a dual affiliation situation are forced to initiate legal proceedings to obtain their removal from the French regime. The ongoing litigation before the social security courts (TASS) in the border regions is very substantial in this area. He would therefore like to know the Government's reading of the agreement of 7 July 2016 and the measures it intends to implement to enable its compliance.
Question· Question écrite17225open
France · National Assembly
Mr. Raphaël Schellenberger draws the attention of the Minister of Action and Public Accounts to the end of the State's responsibility for the franking of notices of sums to be paid (ASAP) sent to local taxpayers. Recalling the limits of its budgetary obligations towards local authorities, the general directorate of public finances has decided to put an end to the provision of envelopes by the directorate's accountants departmental public finances from the current year. This decision also applies to ancillary costs, with the exception of postal costs up to 35 grams, and is accompanied by an injunction to dematerialize the sending of invoices. Communities are therefore informed that the financial burden for which they are responsible is increasing while formulating new demands, in contradiction with a more intuitive logic. and respectful who would have wanted that in the face of increased burdens, communities could see their freedoms, particularly in management choices, extended. This decision calls into question the fragile balance of tasks born from the obligation to separate the authorizing officer and the accountant in matters of local finances. Under these conditions, it would seem wise to consider allowing local authorities to directly manage their accounting by putting in place new, more responsive rules, more adapted to the evolution of the missions of communities while maintaining the requirements of transparency and probity in the management of public money. He therefore questions the Government on its conception of the application of the principle of subsidiarity in this matter.
Question· Question écrite13665open
France · National Assembly
M. Raphaël Schellenberger appelle l'attention de M. le ministre de l'agriculture et de l'alimentation sur la mise en œuvre des dispositions de l'article 11 octies du projet de loi pour l'équilibre des relations commerciales dans le secteur agricole et alimentaire et une alimentation saine, durable et accessible à tous, adopté définitivement à l'Assemblée nationale le 2 octobre 2018. Cet article, intégré au texte par voie d'amendement lors de son examen à l'Assemblée nationale, reconnaît l'affinage hors exploitation des fromages fermiers sans toutefois définir à ce stade de cadre clair précisant les conditions d'un tel affinage hors exploitation. Aussi, pour la bonne application des dispositions résultant de cet article, un tel effort de définition doit à présent être engagé, associant notamment les représentants de la filière fermière concernés par ladite disposition. Il l'interroge donc sur les initiatives de concertation engagées en ce sens et le calendrier prévisionnel d'un tel travail de définition.
Question· Question écrite1309open
France · National Assembly
Mr. Raphaël Schellenberger questions the Minister of Higher Education, Research and Innovation on the awarding of doctoral contracts. Decree No. 2009-464 of April 23, 2009 states in article 3: "the president or director of the establishment recruits the contractual doctoral student by contract for a period of three years, on the proposal of the director of the doctoral school, after advice from the thesis director and the director of the unit or relevant research team”. Article 8 of the decree of May 25, 2016 specifies that “the director of the doctoral school presents each year the list of doctoral students receiving funding before the council of the doctoral school and informs the research commission of the academic council, or the body which takes its place, in the establishments concerned”. The education code adds nothing to these texts. He would therefore like that the Government indicate whether, under these conditions, a university president could award “doctoral contracts” under a “presidential contingent” for the benefit of candidates interviewed but not selected or classified by a doctoral school, and therefore not presented by the director.
Question· Question écrite12227open
France · National Assembly
Mr. Raphaël Schellenberger draws the attention of the Minister of Solidarity and Health to the support of our vulnerable seniors. Since the start of 2018, staff in the elderly care sector have already mobilized on several occasions to alert society to their difficult working conditions and the consequences of these on the quality of life of our seniors. These dedicated and committed staff must be able to devote more of their working time to elderly people who request their support, whether they live in an establishment or at home. The evolution of French demography, characterized by an aging population, requires the provision of adapted responses reflecting a fair consideration of the extent of the efforts to be made, in a sector where human contact cannot find a substitute. He therefore questions the Government on the measures envisaged to improve this situation as well as, given the urgency of the situation, on their implementation timetable.
Question· Question écrite12242open
France · National Assembly
Mr. Raphaël Schellenberger draws the attention of the Minister of Solidarity and Health to the economic difficulties encountered by companies in the pharmaceutical distribution sector, in a context of distrust with regard to the number of local pharmacies, violently called into question by the report of the Court of Auditors on the application of social security financing laws, published in September 2017, estimating at 10,400 the number of “excess” pharmacies out of the 21,400 pharmacies in our country. Following such a recommendation, aimed at closing one in two pharmacies, is incompatible with the necessary fight to be undertaken against the medical deserts from which many in our rural areas suffer. The crisis encountered by wholesalers-distributors, combined with the need for better healthcare coverage in our territories, is fueling a strong concern about the quality of medical care and medical advice in rural areas which must be responded to with strong and credible commitments. He therefore questions the Government on the measures envisaged to guarantee all our fellow citizens equal access, everywhere, to care and medicines.
Question· Question écrite2481answered
France · National Assembly
Mr. Raphaël Schellenberger draws the attention of the Minister of State, Minister of Ecological and Inclusive Transition, to the complexity of obtaining a Siret number per turbine for micro-hydroelectric power stations. These turbines use hydraulic energy, relying on the importance of the flow and the head, to produce electricity on a small scale, from 20 to 500 kilowatts. They thus constitute, in many territories, a relevant energy source to power homes or individual structures. The installation of this type of equipment requires, in particular, obtaining a Siret number per turbine. However, it appears that it is, in practice, very complicated to obtain more than one Siret number per operator, thereby limiting the prospects for developing hydraulic energy. He therefore questions him about the provisions he intends implemented in order to limit administrative obstacles to the installation of micro-hydroelectric power stations.
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