Key Benefits:
The Prime Minister,
On the report of the Minister of Culture and Communication,
Given the heritage code, including his book IV;
Seen Act No. 83-675 of 26 July 1983 on the democratization of the public sector;
In light of Decree No. 45-2075 of 31 August 1945, as amended to apply the Ordinance on the Provisional Organization of Fine Arts Museums;
Vu Decree No. 95-1300 of 19 December 1995 establishing the Public Establishment of the Cité de la musique;
In light of Decree No. 99-575 of 8 July 1999 concerning the approval of certain financial decisions of public institutions Du Etat;
Vu le Decree n ° 2002-628 du 25 avril 2002 pris pour l' application de la loi n ° 2002-5 du 4 janvier 2002 relative aux musées de France, Amended by Decree n ° 2003-1302 of 26 December 2003;
Vu le decree n ° 2003-1302 du 26 December 2003 on the artistic council of the national museums;
In view of the opinion of the Joint Technical Committee of 2 November 2005;
The Council of State (interior section) heard,
Clipping:
It is added to Article 1 a paragraph that reads:
" Its headquarters are in Paris. "
I. -The first paragraph of Article 2 shall be replaced by the following:
" The Cité de la musique's mission is to contribute to the development of musical life. It contributes to the information and musical training of the public as well as to research in the music field. It develops exchanges between students, professionals and the public and facilitates the integration of young musicians into professional life. It supports instrumental training in their activities and strives to broaden the audience of musical events. It organises or contributes to international exchanges. "
II. -The last paragraph of Article 2 shall be replaced by the following two paragraphs:
" The Cité de la musique also includes a media library which proposes to consult the public and researchers from documentary holdings and databases on The different musical domains and genres.
" The Cité de la musique also has the task of managing concert halls, either directly or through subsidiaries, in order to make musical works available to the widest public. In particular contemporary, to offer a rehearsal space for instrumental formations and to welcome operators to these missions. To this end, the Cité de la musique manages the concert halls of which it is equipped in the park of La Villette and operates the Salle Pleyel. It organizes concerts and cultural events and uses audiovisual techniques. "
In Article 3, after the words: " It can also " Are inserted the words: " Create subsidiaries or ".
Article 4 is replaced by the following:
" Art. 4. - The Cité de la musique is administered by a board of directors which includes:
" 1 ° Five representatives of the state appointed by decree:
" A) The Director of Music, Dance, Theatre and Entertainment in the Department responsible for the Culture or its representative;
" (b) The director of the museums of France in the ministry responsible for culture or his representative;
" (c) The director of general administration in the Ministry responsible for culture or its representative;
" (d) The Budget director to the budget department or its representative;
" (e) The Director of the National Conservatory of Music and Dance of Paris
2 ° Seven personalities appointed by decree:
" (a) A representative of the city of Paris;
" (b) One representative from the Ile-de-France region;
" (c) Five persons chosen on the basis of their competence in the field of activity of the institution, on the proposal of the Minister responsible for culture
3 ° Six representatives Elected employees.
" The employees' representatives shall be elected under the conditions laid down in Chapter II of Title II of the aforementioned Law of 26 July 1983; their status shall be that laid down in Chapter III of that Title. Six alternates shall be elected under the same conditions as the
. Members' terms of office are set at five
. Any vacancy, for any reason, or loss of quality in respect of which the members of the Board have been Shall be replaced for the remainder of the term of office, if that term is longer than three months. "
I. -The first paragraph of Article 7 shall be replaced by the following two paragraphs:
" The Board of Directors shall meet in regular meetings at least twice a year at the initiative of its Chairperson and Shall examine any matter on the agenda by the President or by the Council acting by a simple majority. It shall also be convened by its chairman at the request of the Minister responsible for culture or that of the majority of its members and, where it has not met for more than two months, at the request of at least one third of the members of the Council who, in This case, proposes the agenda for the session.
" In the event of absence or incapacity of the President, the Board of Directors may be convened by the Director General of the Institution. The Board of Directors is then chaired by the Director of Music, Dance, Theatre and Entertainment. "
II. -In the last paragraph of Article 7, the words: , the Director of Rooms and Production " Are deleted.
In the first paragraph of Article 9, the words: " If, within 15 days following their transmission by the President, the Minister responsible for culture " Are replaced by the words: " 15 days after Their receipt by the Minister responsible for culture if he or she ".
The first paragraph of Article 10 is replaced by the following:
" The Chairman of the Management Board shall be appointed by decree, on a proposal from the Management Board, for a period of Five years renewable, among the persons mentioned in the c of 2 ° of Article 4. It shall ensure that its tasks are carried out by the establishment. "
Article 12, 7 °, the words: " And the director of the rooms and production, each " Are deleted.
Article 14 is repealed.
After section 18, an item 18-1 is added as follows:
" Art. 18-1. -The institution shall, on its own resources and on behalf of the State, make acquisitions for pecuniary interest or free of cultural property intended to enrich the collections of the State of which it has
. For assets whose value is Below the thresholds laid down by the Minister responsible for culture, the acquisition shall be decided by the Director General of the institution, on the proposal of the director of the museum, after obtaining the opinion of the establishment's Procurement Committee. In the event of an unfavourable opinion of the commission of the establishment and when the Director General maintains his will to acquire, the director of the museums of France shall take the advice of the artistic council of the national
. For goods such as Value is equal to or greater than the said thresholds, the opinion of the artistic board of the national museums is, moreover, required. In the case of an unfavourable opinion of the artistic board of the national museums and when the director general of the institution maintains his or her willingness to acquire, the minister responsible for culture shall pronounce
Composition and operating procedures The Procurement Committee, chaired by the Director General of the institution, shall be defined by order of the Minister responsible for culture
The collections and cultural property referred to in Article 18 and this Article shall form part of the The public domain of the State and, as such, are inalienable.
" The Minister responsible for culture may make changes to the assignment, with the national museums mentioned in Article 1 of the decree of 31 August 1945, of all or Part of the collections and cultural property of which the public institution has custody, including those acquired under this Article, after consulting the board of directors of the establishment and the artistic council of the national museums. "
The Minister of Economy, Finance and Industry and the Minister for Culture and Communication are each responsible for the execution of this Decree, which shall be published in the Journal Official of the French Republic.
Done at Paris, February 22, 2006.
Dominique de Villepin
By the Prime Minister:
Minister of Culture
and Communication,
Renaud Donnedieu de Vabres
The Minister of Economy,
Finance and Industry,
Thierry Breton
