I. – Measures undertaken prior to the signature of the agreement may be taken into account within the framework of the agreement when they contribute to the creation of activities, the development of jobs and make it possible to mitigate the effects of the planned redundancy or the collective redundancy agreement on other companies in the employment area(s) concerned.
The measures envisaged in the form of the granting of a loan for the same purpose are valued at an estimated cost taking into account the cost of managing the loan, the cost of risk and the cost of access to finance. This valuation may not exceed 30% of the sums committed.
Measures envisaged under the same heading in the form of the sale of a property are valued at the difference between the market value of the property, determined after consultation with the departmental or, where applicable, regional director of public finance, and its sale value. This valuation may not exceed 30% of the amount of the contribution provided for in articles L. 1233-86 and L. 1237-19-11.
II. – Measures planned as part of a voluntary approach by the company may be taken into account according to the procedures defined in I, when they are undertaken in the two years prior to notification of the decision provided for in article D. 1233-38 and when they are the subject of a framework document concluded with the representative of the State in the département. This framework document determines :
1° The geographical limits of the employment area(s) in which the measures are to be implemented ;
2° The nature of the measures and the amount at which each is valued to be deducted from the amount of the contribution provided for in articles L. 1233-86 and L. 1237-19-11;
3° The start date for the implementation of each of the measures;
4° The procedures for monitoring and evaluating the measures.
The company shall send a report on the implementation of the measures to the representative of the State in the département, at the latest within one month of notification of the decision provided for in article D. 1233-38.