Journal Officiel dated 5/3/1995

The Prime Minister,

Based on the report of the Minister of State, garde des sceaux, Minister of Justice, the Minister of the Economy and the Minister of Culture and French-speaking Communities.

Considering the criminal code, more particularly Article R. 610-1 thereof;

Considering the rules of criminal procedure;

Considering the labour code;

Considering law No. 94-665 of 4 August 1994 relative to the use of the French language

The Council of State (interior section) having been heard,

Decrees as follows:

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SECTION 1

PENALTIES

SECTION 2

SAMPLES

SECTION 3

AUTHORISATION FOR ASSOCIATIONS

SECTION 4

MISCELLANEOUS PROVISIONS

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SECTION 1

PENALTIES

Article 1.-

I - Any failure to use the French language under the conditions laid down by the law of 4 August 1994 referred to above relative to the use of the French language:

1. In the designation, offer, presentation, instructions for use, and description of the scope and conditions of a warranty of goods, products and services as well as bills and receipts;

2. In all written, spoken, and radio and television advertisements,

shall be punishable by a fine as defined for class 4 offences.

II. - Any failure to use the French language for any inscription or announcement designed for the general public, posted or made on a public highway, in a place open to the public or in a public transport system shall be subject to the same penalty.

III. - Any presentation of the French version in a manner that is not as legible, audible or intelligible as the foreign language version of remarks, advertisements, inscriptions and announcements referred to in I and II of the present article shall be subject to the same penalty.

IV. - In the event of a conviction for one of the breaches referred to in the present article, the court may apply articles 132-66 to 132-70 of the criminal code.

Article 2 -

The following acts committed by any person of French nationality organising an event, seminar or convention shall be punishable by the fine laid down for class 4 breaches, subject to the exceptions listed in Article 6 of the aforementioned law of 4 August 1994:

1. Forbidding participants from expressing themselves in French;

2. Distributing to participants before and during the meeting documents presenting the programme without including a French version of the said documents;

3. Failure to prepare at least a summary in French of the preparatory documents or work documents distributed to participants and failure to include in the published proceedings or minutes at least a summary in French of the texts or papers presented in a foreign language;

4. Failure to make provision for translation services in the case described in the fourth paragraph of Article 6 of the aforementioned law.

Article 3. -

Failure to provide an employee with a French language version of an employment agreement including obligations concerning the said employee or provisions which the employee needs to know for the proper performance of his work shall be punishable by the fine laid down for class 4 offences.

Article 4. -

Corporate bodies may be held criminally liable under the conditions set forth in Article 121-2 of the criminal code, for breaches defined in articles 1 to 3.

Corporate bodies are liable to the payment of a fine pursuant to the modalities set forth in Article 131-41 of the criminal code.

The provisions of articles 132-66 to 132-70 of the criminal code are applicable in the case of the conviction of a corporate body.

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SECTION II

SAMPLES

Article 5. -

After identification of the concerned goods or products presumed to be in breach of Article 1-I of the present decree, the officers and agents described in Article 16 of the aforementioned law of 4 August 1994 shall collect a representative sample of a batch or set of these goods or products.

Article 6. -

Any sample taken shall be sealed. The seals shall include an identification label comprising at least the following information:

1. Nature of the good or product in question from which a sample has been taken.

2. Date, time and place of the taking of the sample.

3. Name, corporate name and address of the person on whose premises the sample was taken; if the sample was taken during shipment, then the names and addresses of the senders and addressees.

4. Serial number of the sample.

5. Signature of the officer(s) or agent(s) who collected the sample.

Article 7. -

Immediately after sealing the sample, and if the owner or holder of the good or product in question is present, the officer(s) or agent(s) designated by Article 16 of the aforementioned law of 4 August 1994 shall summon the said owner or holder to declare the value of the sample taken. The owner or holder may justify this value by all possible means and particularly with the help of his bookkeeping documents.

Officers or agents qualified to do so may consider the value declared by the owner or holder of the good or product in question as excessive and estimate the value of the sample taken themselves.

A receipt shall be given to the owner or holder of the good or product concerned; the receipt must state the nature of the sample taken and the value declared or, where applicable, the value estimated by the officer(s) or agent(s).

In the event of a sample taken during shipment, the haulage company's representative shall be sent a receipt stating the nature of the good or product sampled and the value declared or, where applicable, the value estimated by the officer(s) or agent(s).

Article 8. -

The sealed sample must be enclosed with the report written on the spot.

This report must contain the following information:

1. The surname, first names and title of the officer(s) or agent(s) who collected the sample.

2. The date, time and place of the taking of the sample.

3. The surname, first names, profession and address of the person on whose premises the sample was taken; the name and address of the sender and the addressee if the sample was taken during shipment.

4. The serial number of the sample.

5. The nature of the good or product concerned from which a sample has been taken.

6. The circumstances under which the sample was taken, the size of the batch or set of the products or goods in question.

7. All observations deemed necessary by the officer(s) or agent(s) who collected the sample:

8. Declarations, if any, by the owner or holder of the goods or products in question, and by the haulage company's representative.

9. Indication of the transmission of the report and the sealed sample to the Procureur de la République (chief prosecutor) and to the person concerned within five days.

10. Signature of the officer(s) or agent(s) who collected the sample.

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SECTION III

AUTHORISATION FOR ASSOCIATIONS

Article 9. -

Any association constituted in compliance with relevant laws and declaring in its articles the defence of the French language is entitled to ask for the authorisation set forth in Article 2-14 of the rules of criminal procedure when it complies with the following conditions:

1. Two years of existence starting from its declaration.

2. Sufficient number of members paying dues either individually or through the intermediary of federated associations.

3. An activity that actively defends the French language while respecting other languages and cultures. This activity is mainly attested to by the nature and size of events and publications.

4. The non-profit nature of activities.

Article 10. -

The request for authorisation or renewal shall be addressed to the Délégation générale à la langue française. The dossier must include:

1. A copy of the association's articles.

2. Number of members who pay dues.

3. List of members and executive bodies.

4. Last corporate and financial reports.

5. Financial statements for the previous financial year.

A receipt is delivered in acknowledgement of a complete dossier. The decision to grant or refuse the authorisation is notified within four months of the date of delivery of the receipt. Reasons must be given for a refusal.

Article 11. -

The authorisation is granted by a joint decree by the Minister of Justice and the Minister in charge of the French-speaking communities. It is published in the Journal Officiel of the French Republic.

The authorisation is granted for a term of three years and may be subsequently renewed.

Article 12. -

When a number of associations form a federation where at least one of the said associations already has authorisation, the condition stipulated in Article 9 (1) above concerning the years of existence, shall not apply to the authorisation application requirements.

Article 13. -

The authorisation may be suspended or withdrawn by joint decree by the Minister of Justice and the Minister in charge of the French-speaking communities in the event where the association no longer fulfils one of the conditions which justified the authorisation. The association must first of all be summoned to present an explanation.

Article 14. -

Each year, authorised associations are required to send two copies of their corporate report and financial report to the Délégation générale à la langue française.

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SECTION IV

MISCELLANEOUS PROVISIONS

Article 15. -

Notwithstanding this law, the provisions of Article 4 of the aforementioned law of 4 August 1994 are not applicable to means of transport which provide a service while in transit or coasting on French territory.

Article 16. -

The provisions of II and III of Article 1 shall come into force within a period of six months starting from the date of publication of the present decree.

Article 17. -

The Minister of State, Minister for Social, Health and Urban affairs, the Minister of State, garde des sceaux and Minister of Justice, the Minister of the Economy, the Minister of Labour, Employment and Vocational Training, the Minister of Culture and French-speaking Communities, the Minister of the Budget, and the Minister for Agriculture and Fisheries, are hereby made responsible, each within their remit, for the implementation of the present decree which shall be published in the Journal Officiel of the French Republic.

Drafted in Paris, on this day of 3 March 1995.

ÉDOUARD BALLADUR

Par le Premier ministre :
Le ministre de la culture et de la francophonie,
JACQUES TOUBON

Le ministre d'Etat, ministre des affaires sociales, de la santé et de la ville,
SIMONE VEIL

Le ministre d'Etat, garde des sceaux, ministre de la justice,
PIERRE MÉHAIGNERIE

Le ministre de l'économie
EDMOND ALPHANDÉRY

Le ministre du travail, de l'emploi et de la formation professionnelle
MICHEL GIRAUD

Le ministre du budget
NICOLAS SARKOZY

Le ministre de l'agriculture et de la pêche
JEAN PUECH