Circular of 19 March 1996
concerning the application
of law No. 94-665 of 4 August 1994 relative to the use of the
French language
Journal Officiel of 20 March 1996
The Law of 4 August 1994 relative to the use of the French language
was completed by several regulations : the decree of 3 March 1995
notably defining breaches of the law and related penalties, and
the order of 3 May 1995 authorising five associations for the
defence of the French language to take legal action.
This circular, dated 19 March 1996, supplements these regulations
by defining the scope of the law, particularly as regards the
use of the French language for the marketing of goods and services,
during seminars and conventions, in companies and education.
Paris, 19 March 1996
From the Prime Minister to the ladies and gentlemen, the ministers
and secretaries of State.
1 - Purposes of the Law
The law of 4 August 1994 relative to the use of the French language
replaces the law of 31 December 1975, extending its scope and
strengthening its provisions.
This text is the tangible rendition of the constitutional principle
recognised in 1992 according to which the language of the Republic
is French. It lays down the mandatory, but non-exclusive
use of
the French language in specific areas defined so as to guarantee
the right of citizens to use their language in certain
circumstances
of their daily lives.
However, the aforementioned text neither includes nor provides
for a list of terms or expressions which may be prohibited or
whose use may be made compulsory.
Nevertheless, lists of terms recommended for use have been drawn
up by terminology commissions. These lists are regularly published
in the Journal Officiel. They may also be consulted on
France Télécom's Minitel server. (36-17 NORMATERM)
2 - Scope of the Law
The law concerns private persons as well as public persons. However,
some of these provisions are more restrictive for public corporate
bodies and for private persons undertaking a public service assignment
(see point 2.6).
3 - Ensuring Compliance with the Law
3.1 - Role of the Délégation générale
à la langue française
The Délégation générale à
la langue française, in charge of co-ordinating and
promoting the policy in favour of the French language, is responsible
for ensuring compliance with the law of 4 August 1994.
Consequently, it directs informative activities required to ensure
the compliance of professionals and users with the legislation
in force. When cases concerning breaches of this law are referred
to it, it sends warnings to the entities at fault. It participates
in monitoring measures taken by the departments entrusted with
seeking out and reporting breaches of the law and ensures implementation
of this text by public officers and agents.
Together with the Ministry of Justice, it examines authorisation
requests filed by associations(see point 3.3) and monitors the
activity of authorised associations.
Furthermore, it prepares each year before 15 September for Parliament,
the report provided for by Article 22 of the law concerning the
application of the law and texts concerning the status of the
French language in international institutions. To this end, the
different administrations and public agencies involved send to
it each year before 1 July, information concerning the implementation
of the legislation relative to the use of the French language
in their services.
3.2 - Sanctions incurred and administrations in charge of identifying
breaches.
Decree No. 95-240 of 3 March 1995 set down for the application
of the law (published in the Journal Officiel of 5 March
1995) defined breaches of articles 2, 3, 4, 6 and 9-II of the
law and fixed the corresponding penalties. They concern class
4 offences.
Breaches of articles 9-I and 10 of the law are respectively punished
on the basis of articles R. 152-4 (class 4 offence) and R. 361-1
(class 3 offence) of the labour code.
Breaches of Article 12 of the law come within the remit of the
Conseil supérieur de l'audiovisuel.
Non-compliance with the provisions of articles 5, 6 and 9-IV leads
to the non-invocability of the texts or provisions drafted in
a foreign language.
Further, any public subsidy may be withdrawn, in whole or in part,
from a beneficiary who does not comply with the law. In the particular
case of inscriptions exclusively posted in a foreign language
on a good belonging to a public corporate body, the use of the
good may be withdrawn from the offender.
Empowered to seek out and report breaches of articles 2, 3, 4,
6, 9-I, 9-II and 10 of the law are officers and agents of the
criminal investigation department and, solely for breaches of
Article 2, agents of the Direction générale de
la concurrence, de la consommation et de la répression
des fraudes (the directorate-general for fair trading, consumer
affairs and fraud control), the directorate-general for customs
and excise, the general tax directorate, inspector veterinarians,
public health employees and technical staff, and regional medical
health inspectors.
3.3 - Role of authorised associations
An order of 3 May 1995 by the Minister of Culture and the French-speaking
Communities and the Minister of Justice (published in the Journal
Officiel of 12 May 1995) gave authorisation to five associations
for the defence of the French language so as to enable them to
exercise the rights of plaintiff in matters concerning breaches
of the provisions of articles 2, 3, 4, 7 and 10 of the law.
4 - Coming into force of the law
Pursuant to the terms of Article 23 of the law, the provisions
of Article 2 were to come into force on the date of publication
of the application decree and those of articles 3 and 4, six months
after this date. Considering that decree No. 95-240 of 3 March
1995 set down for the application of the law was published in
the Journal Officiel of 5 March 1995, the whole of the
law of 4 August 1994 has been applicable in France since 7 September
1995.
Goods and products introduced into the national territory before
7 March 1995, date on which Article 2 of the law came into force,
may continue to be marketed under their initial presentation until
depletion of stocks and no later than 7 March 1996.
All questions concerning the application of the present circular
should be addressed to the Délégation générale
à la langue française.
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