Key Benefits:
The Prime Minister,
On the report of the Overseas Minister,
In view of Organic Law No. 2001-692 of 1 August 2001 on financial laws, In particular its Articles 7 and 51;
In view of the Organic Law n ° 2004-192 of 27 February 2004 on the autonomous status of French Polynesia;
Given the code of defence, in particular Articles L. 1142-2, L. 1311-1 and L. 1321-2;
Given the code of Education, in particular Articles L. 683-2 and R. 263-1;
In view of the amended Act No. 55-385 of 3 April 1955 establishing a state of emergency;
In the light of Act No. 77-1460 of 29 December 1977, as amended, amending the municipal system in the territory of the French Polynesia;
In view of Act No. 2004-193 of 27 February 2004 supplementing the Statute of Autonomy of French Polynesia, as amended by Order No. 2005-432 of 6 May 2005;
In the light of the Decree of 12 June 1936 connecting the island with Clipperton to the government of the French institutions of Oceania;
Given the decree n ° 55-493 of 10 May 1955 amending the rules of public administration for the application of Article 7 of Act No. 55-385 of 3 April 1955 establishing a state Emergency;
In light of Decree No. 62-1587 of 29 December 1962 amending General Regulation on public accounting;
Having regard to Decree No. 64-11 of 3 January 1964 concerning the organisation of territorial defence responsibilities in Overseas departments and territories;
In view of Decree No. 70-544 of June 19, 1970, delegating authority and authorizing the delegates of the Government in certain overseas territories to delegate their signature;
In view of Decree No. 80-918 of 13 November 1980 amending Act No. 77-144 of 8 July 1977 and No. 77-1460 of 29 December 1977 amending the municipal system in the territories of New Caledonia and Dependencies and French Polynesia;
Vu Decree No. 82-451 of 28 May 1982 relating to the Joint Administrative Committees;
Given the amended Decree No. 82-452 of 28 May 1982 relating to the Joint Technical Committees;
In light of Decree No. 2002-900 of 15 May 2002 on Responsibilities of the Overseas Minister;
In light of Decree No. 2005-1514 of 6 December 2005 concerning the overseas organization of the action of the State at sea;
In view of the referral to the Government of French Polynesia on 18 July 2006;
Le Conseil d' Etat (section of the interior) heard, Décrète:
The High Commissioner of the Republic in French Polynesia is the depositary of the authority of the State.
It is responsible for the national interests and the laws.
It represents the Prime Minister and each of the Ministers.
It ensures the enforcement of government regulations and decisions.
It directs, under the authority of Ministers, the de-concentrated services of the civil authorities of the state in French Polynesia, under defined conditions By this Decree.
The High Commissioner shall determine the guidelines necessary for the implementation in Polynesia French national and community policies of its jurisdiction.
It provides administrative control over the institutions of French Polynesia, municipalities and their public institutions. It shall ensure the regular exercise of their powers by the authorities of French Polynesia and the municipalities.
It shall, subject to the provisions of Article 27, ensure the administrative control of public institutions and bodies of the State Whose activity does not exceed the limits of French Polynesia.
The High Commissioner is responsible for public order, It
direct the action of the services of the national police and the national gendarmerie units in accordance with the conditions laid down in Article 2 of Act No. 2004-193 of 27 February
. Shall be responsible, under the conditions laid down by the laws and regulations relating to the organisation of the defence, for the preparation and execution of defence measures which are not of a military
. Of all cases which may be of particular importance in French Polynesia.
It may require persons, goods and services under the conditions laid down by law.
The High Commissioner can declare a state of emergency under the conditions set out in laws and decrees. He informed the President of French Polynesia. He reports to the Minister responsible for overseas.
The advisory commission referred to in article 7 of the aforementioned law of 3 April 1955, competent for French Polynesia, is constituted as follows:
-a member of the inspection General administration designated by the head of this body, President;
-two members of the Assembly of French Polynesia designated by this Assembly;
-two persons designated by the High Commissioner, one of which may be selected in Outside the administration.
The secretariat of the Commission is provided by the High Commissioner's Office.
The High Commissioner is the representative of the State at sea in the maritime zone of French Polynesia and in the waters under French sovereignty and jurisdiction bordering Clipperton Island.
It has general administrative police authority At sea under the conditions laid down by the laws and regulations relating to the organisation of the action of the State at sea.
The High Commissioner shall, after consulting the State Administration Committee defined in Articles 29 and 30, adopt the draft strategic action of the State in French Polynesia.
The High Commissioner may propose to the Ministers concerned, after consulting the State Administration Committee, elements of a programme or action of a defined programme In Article 7 of the Organic Law of 1 August 2001 mentioned above. This action must correspond to the priorities of the state's strategic action plan.
The High Commissioner is assisted In the performance of the duties of the Secretary-General of the High Commission, the heads of the poles of the State provided for in Article 28, heads of the decentralised services of the civil administrations of the State, as well as the Deputy Secretary-General, A Chief of Staff, Heads of Administrative Subdivision and, possibly, one or more Mission Officers.
The Head of Administrative Subdivision is the delegate of the High Commissioner on the Administrative Subdivision.
He assists the High Commissioner in the representation of the State in the subdivision. Under its authority:
1 ° It ensures compliance with laws and regulations and contributes to the maintenance of public order, security and protection of populations;
2 ° animates and coordinates the activities of state services;
3 ° Participates in The exercise of administrative control and the council in the communes.
The High Commissioner may entrust him with specific, temporary or permanent missions, where appropriate outside the administrative subdivision
Administrative divisions of the French Polynesia consists of:
1 ° The subdivision of the islands of the Wind, of which the capital is Papeete, includes the municipalities of Arue, Faa'a, Hitia'a O Te Ra, Mahina, Moorea-Maiao, Paea, Papara, Papeete, Pirae, Punaauia, Taiarapu-Est, Taiarapu-Ouest and Teva I Uta;
2 ° subdivision of the Suble-Vent Islands, of which the capital is Uturoa, includes the communes of Bora-Bora, Huahine, Maupiti, Tahaa, Taputapuatea, Tumaraa and Uturoa; and
3 ° The subdivision of the Tuamotu-Gambier Islands, of which The administrative seat is provisionally fixed at Papeete, includes the municipalities of Anaa, Arutua, Fakarava, Fangatau, Gambier, Hao, Hikueru, Makemo, Manihi, Napuka, Nukutavake, Pukapuka, Rangiroa, Reao, Takaroa, Tatakoto and Tureia;
4 ° La Subdivision The Marquesas Islands, the capital of which is Nuku-Hiva, includes the communes of Fatu-Hiva, Hiva-Oa, Nuku-Hiva, Tahuata, Ua-Huka and Ua-Pou; and
5 ° The subdivision of the Austral Islands, of which the capital is Tubuai, includes the communes of Raivavae, Rapa, Rimatara, Rurutu and Tubuai.
The High Commissioner makes decisions in matters falling within the remit of the Decentralised services of the civil administrations of the state in French Polynesia.
The decentralised services responsible for the veterans are civil authorities of the state within the meaning of this decree.
Subject to the provisions of Article 27, the High Commissioner shall be alone in receiving the delegations of Ministers responsible for Authorities Civil rights of the State and the powers of decision relating to the allocations of the decentralised services of the civil administrations of the State.
The High Commissioner has authority over the heads of the decentralised services, the delegates or correspondents of these administrations, regardless of the nature or duration of their functions.
The High Commissioner is responsible for the management of the real estate assets and services of the state under his authority.
The High Commissioner is the secondary authorising officer for the decentralised services of the civil administrations of the state.
The credits opened by the finance law that must be executed by the deconcentrated services of the civil administrations of The State shall be made available to the High Commissioner when he has not appointed a delegated secondary authorising officer. The delegation for the signing of secondary scheduling results in the direct provision of appropriations to delegated secondary authorising officers.
The General Payer-General shall provide the High Commissioner with the information necessary for the follow-up of the Management of appropriations for the decentralised services of the civil administrations of the State. It shall make an account of the use of State appropriations, each year, to the State Administration Committee.
The High Commissioner shall ensure that the objectives set out in the Annex provided for in the 5 ° of Article 51 of the Organic Law of 1 August 2001 above are taken into account by the decentralised services of the civil administrations of the State. As such, he is the guarantor of the measure of the results obtained. It is assessed on the basis of the elements produced by these services and intended for the annual performance reports provided for in Article 54 of the same Organic Law.
Budget projects for the decentralised services of civil administrations are submitted to the High Commissioner for opinion.
When several decentralised services or parts of services contribute to the implementation of the same state policy, their merger, total or partial, The
is proposed by the High Commissioner or one of the Ministers responsible for the services or parts of the services concerned, on the basis of a preliminary impact assessment.
It is decided by decree on the report of the Ministers concerned and ministers responsible for the budget, the public service, the reform of the state and overseas, after the opinion of the competent joint technical committees.
The High Commissioner stops the functional and territorial organisation of the decentralised services of the civil administrations of the state in French Polynesia, in accordance with the The direction of the ministers to which they report and after obtaining the advice of the heads of the services concerned.
When A number of services or parts of services deconcentrated in French Polynesia contribute to the implementation of the same policy, the High Commissioner may designate a project leader responsible for facilitating and coordinating the action of such services or parts thereof The
Commissioner shall indicate to the Project Leader the objectives pursued, the duration of his or her mission, the services to which he may appeal, the means available to him and his
A public service mission may be associated with the project under conditions jointly determined by the High Commissioner and those responsible for these organizations.
By Agreement Between the High Commissioner and the President of French Polynesia, a project leader may be appointed for services or parts of services of the state and French Polynesia. The High Commissioner and the President of French Polynesia jointly appoint him and determine the objectives, duration and conditions for the exercise of his mission.
For the sustainable conduct of actions common to several decentralised services of the State in French Polynesia, the High Commissioner may constitute a pole of competence which he designates The person in charge.
Organizations providing a public service mission may be associated with the competence pole under the conditions set out in section 21.
For the actions referred to in the foregoing Article, with the exception of the tasks mentioned in the I of Article 27, the High Commissioner may, by order, create an inter-service delegation. The person in charge is delegated signing authority and has functional authority over the heads of the services concerned, within the limits of the delegation's powers.
The decree establishing an inter-service delegation sets out the powers of the delegation. Delegation, the means at its disposal and the methods for evaluating its action.
The estimated budget of the inter-service delegation describes the appropriations made available to it by different services or programmes within the meaning of the organic law 1 August 2001 referred to above.
The High Commissioner may designate the interservice representative as a delegated secondary authorising officer. Its decision shall take effect as soon as it is published, when the ministers have first defined the framework of the actions which may be carried out by the interservice delegation.
However, if not, that designation is subject to the agreement Express or implied within two months from the date of transmission by the High Commissioner of the proposed designation to interested Ministers and its publication.
The Inter-Service Representative may be the Secretary General of the High Commission, the Under-Secretary-General, the Chief of Staff, a Head of Administrative Subdivision, a Deconcentrated Head of Service or a Director of High Commission Services.
The High Commissioner shall be informed by the competent authority prior to any appointment or deployment of a deconcentrated Head of Service of the Authorities Civil of the State in French Polynesia.
It is also informed by the Heads of Service of proposals for assignment or deployment of agents who can receive delegation of signature.
The High Commissioner shall address annually to the Appointing Authority a proposal for evaluation in the form of a literal assessment A proposal for a rating for each chief of service of the civil administrations of the state in French Polynesia. He is informed of the mark definitively assigned.
For the Commander of the gendarmerie for French Polynesia, the High Commissioner sends annually to the hierarchical authority immediately above an evaluation in the form of
The provisions of this Order shall not apply to organizations or missions of a character The bodies responsible for auditing the accounts or the services in the custody of the seals, the Minister of Justice, subject to the provisions of the third paragraph of Article 29 and, for investment and the Public accounts, duties devolved to the High Commissioner.
I. -The provisions of Articles 6, 11, 12, 13, 17, 18, 19, 20, 30, 37, 38 and 41 shall not apply to the exercise of the tasks relating to:
1 ° To the content and organisation of the educational action and to the management of personnel and Institutions operating there;
2 ° To the inspection activities of labour legislation;
3 ° To the payment of public expenditure, the determination of the base and the recovery of public revenue, the public assessments and the Determination of the financial conditions of the operations for the management and disposal of the state assets and the procedures for the establishment of statistics.
The tasks indicated in the 1 °, 2 ° and 3 ° shall be fulfilled without prejudice to the participation of the services That exercise them in interdepartmental policies conducted under the authority of the High Commissioner.
II. -The exception referred to in the I of this Article does not relate to the powers of the High Commissioner for the investments of the decentralised services of the civil administrations of the
. -The provisions of sections 15, 16 and 18 do not apply to the enforcement of decisions directly related to the revenue base and collection of public
. -The provisions of Articles 24 and 25 shall not apply to officials appointed in the Council of Ministers.
V.-The provisions of Article 25 shall not apply to the Vice-Rector.
Without prejudice to the creation of a pole of jurisdiction under Article 22, the decentralised services of the civil administrations of the State may The object of functional groupings known as the State poles.
Public institutions of the State, groups of public interest with a territorial representation or associations carrying out a public service mission are invited to To associate with the poles of the State, if they contribute to the policies implemented by the services forming part of the pole.
Subject to the provisions of Article 27, the leader of the pole animates and coordinates, under the authority of the High Commissioner, the action Heads of the decentralised services of the civil administrations of the state within the limits of the competence of the pole. He may be a delegated secondary authorising officer. It is responsible for relations with the associated bodies.
The composition of the poles is fixed by the order of the High Commissioner.
The High Commissioner chairs the State Administration Committee, which consists of the Secretary General of the High Commission, the Assistant Secretary-General, the Chief of Staff, the Heads of Administrative Subdivisions, the Chiefs Poles of the state, the general paymaster and the heads of the decentralised services of the civil administrations of the state in French Polynesia.
It can gather it in limited training, determined according to the agenda.
It May propose to the heads of jurisdiction and the superior commander of the armed forces in French Polynesia to attend the work of the committee and invite any qualified person to be heard.
The secretariat of the Committee shall be provided by the Secretary-General of the High Commission.
The State Administration Committee assists the High Commissioner in The exercise of its powers. It decides on the strategic orientations of the state in French Polynesia. It shall examine the means necessary for the implementation of the policies of the State.
It may be consulted on:
1 ° The arrangements for the territorial implementation of the programmes defined in the second subparagraph of Article 7 of the Organic Law of 1 August 2001 referred to above;
2 ° Conditions for the organisation and operation of the services of the State in French Polynesia in order to harmonise the management of the means or the implementation of joint actions;
3 ° Preparation and implementation Conventions linking the state and French Polynesia or the municipalities, as well as the preparation and implementation of the national and Community programmes concerning French Polynesia.
In the conditions laid down in Articles 35 and 36, the State Administration Committee shall be consulted by the High Commissioner on Public Investment Decisions of the State or
It reviews the performance of the previous year's programming.
It reviews the financial resources necessary to implement the programming for the following year.
It is informed of the forecasts for the use of the current year's intervention appropriations.
I. -The High Commissioner develops, after consulting the State Administration Committee, a diagram of the offices of the State services which indicates the orientations of the State's property policy in French Polynesia for a period of Five years. This scheme ensures the consistency of the state's real estate projects and specifies their location.
II. -The High Commissioner agrees to the financial programming or to the undertaking in French Polynesia of real estate transactions involving one or more decentralised services of the civil authorities of the State and having as its object a New location, modification of a building or rehabilitation of a building.
III. -The High Commissioner manages, on behalf of the state, administrative cities located in French Polynesia and common to several decentralised services of the civil administrations of the state. It shall determine the distribution of their premises, their co-assignment regulations in accordance with the model approved by the Minister responsible for the field and, in his capacity as trustee of those estates, after the opinion of the City Council, the statement of expenses of each of the Occupants.
The High Commissioner may give delegation of signature:
1 ° In all matters, in particular for Those of interest to several heads of the decentralised services of the civil administrations of the State in French Polynesia, to the Secretary General of the High Commission, to the Under-Secretary-General and to the Heads of Mission;
2 ° Pour les matières Within the remit of the pole, to the heads of the poles of the state. Heads of Poles may sub-delegate their signature to the Heads of decentralised services, for the powers referred to in Articles 15, 16 and 18
3 ° For matters falling within their remit, to the heads of the decentralised departments of the Civil authorities of the State or their subordinates; these Heads of Service may receive delegation in order to sign the letters of observation which apply without charge to the territorial authorities or their public establishments. These heads of services may sub-delegate their signatures to their subordinates for the powers referred to in Articles 15, 16 and 18;
4 ° For all matters relating to their administrative subdivision, to the heads of subdivisions Administrative. Heads of administrative divisions may sub-delegate their signatures to officials of the category A State under their authority;
5 ° For matters within its remit, to the chief of staff;
6 ° To agents in Function in the office of the High Commission for matters subject to the duties of the Minister of the Interior or of the Minister responsible for the Overseas Territories, including the letters of observation which apply without charge to the Communities Territories or their public establishments and for matters falling within the remit of ministers who do not have decentralised services in French Polynesia, as well as for the transformation into binding statements of revenue orders Referred to in Article 85 of the Decree of 29 December 1962 referred to above;
7 ° For matters falling within the remit of the delegation, to the heads of the interservice delegations;
8 ° In matters relating to the administrative police, excluding what is The participation of the armed forces in order to maintain order, to the commander of the gendarmerie for French Polynesia;
9 ° For the whole of French Polynesia, to the Secretary-General of the High Commission, to the Deputy Secretary-General, to the A Chief of Staff, Heads of Administrative Subdivision or an official who provides the service of permanence to make any decision required by an emergency situation.
I. -In the event of the absence or incapacity of the High Commissioner, his replacement shall be exercised by the Secretary-General of the High Commission, unless he has appointed by order to provide him with the Deputy Secretary-General, the Chief of Staff or a Chief of Staff Administrative subdivision.
In the event of a temporary vacancy in the post of High Commissioner, the Acting Secretary General of the High Commission shall
as the acting High Commissioner. -In the absence or incapacity of the Secretary-General of the High Commission, the Under-Secretary-General, the Chief of Staff or a Head of Administrative Subdivision, or a temporary vacancy in the office of the High Commissioner, the High Commissioner shall designate one
, in the event of a temporary vacancy in the position of Head of Administrative Subdivision, the High Commissioner may appoint an official of the Category A State to act in accordance with the Services of the state in French Polynesia
The High Commissioner is kept informed of the development of public investment operations of a national character for which commitment authorities Are assigned or individualised by a principal authorising officer. After obtaining the opinion of the Administrative Committee of the State, it shall submit its observations to the Ministers concerned.
Decisions on such investments shall be notified to it.
The Minister may delegate to the High Commissioner Commitment and payment appropriations corresponding to national public investments.
The The High Commissioner receives, by programme or by action, authorisations for commitments relating to civil investments other than those of national interest executed or subsidised by the State. This delegation is given, after the opinion of the State Administration Committee, in view of the provisional programme drawn up by the High Commissioner
High Commissioner is The recipient of all correspondence, whatever the form, originating from the central administrations or the decentralised services of the State and addressed to the institutions of French Polynesia, the communes or their public establishments As well as to the services, agencies and agents of the State.
The heads of the state poles, the heads of the services Decentralised authorities of the State, as well as the officials of the agencies and agents of the State addressed to the administrations under the cover of the High Commissioner, their correspondence, whatever the form, intended for the administrations Central and decentralised services of the State.
The High Commissioner or his representative shall preside over all Administrative commissions which are of interest to the services of the State in French Polynesia, with the exception of those whose chairmanship is statutorily entrusted to a judge of the judicial order or to a member of an administrative tribunal, of Those referred to in Article 4 of Decree No 82-451 of 28 May 1982 referred to above and in Articles 4 and 4 bis of Decree No 82-452 of 28 May 1982 referred to above, as well as those whose competence relates exclusively to one of the tasks mentioned in Article 27 of the This Order.
Only the High Commissioner or the person designated by the High Commissioner to represent him or her may speak on behalf of The state before the government and the assembly of French Polynesia.
The High Commissioner has sole authority to negotiate And conclude, on behalf of the State, any convention with French Polynesia, municipalities or their public institutions.
The High Commissioner shall be kept informed of any decision to be taken by public institutions of the State with a territorial representation, public bodies, national undertakings and companies and undertakings Referred to in Article 43, since that decision is likely to affect a policy of the State in French Polynesia and that it is of particular importance.
Where the High Commissioner is not informed under the conditions laid down In the preceding subparagraph and that it is a public institution of the State, it shall refer the matter to the administrative authority responsible for the guardianship of the institution, which requests the institution to provide any explanation within two months of the referral of the High Commissioner.
Conventions other than those relating to the ordinary operation of services, passed by public institutions and bodies of the State and national undertakings with French Polynesia, municipalities, or Public institutions in these communities shall be transmitted for information to the High Commissioner prior to their signature.
The High Commissioner or his delegate ensures the representation of the State, where it is provided for by the regulations, to the companies, companies or bodies that benefit from the financial assistance of the State and whose action does not Exceeds the limits of French Polynesia.
The High Commissioner is informed of equipment programmes and Investments in French Polynesia by the Minister of Defence. To this end, the general officer commanding the armed forces in French Polynesia is the direct correspondent of the High Commissioner
The second subparagraph of Article R. 263-1 of the Education Code is replaced by the following paragraph:
" He or she may be appointed as Vice-Rector, by decree, for employees appointed in a job or in a corps or framework of employment whose index of indicidal scale reaches at least the off-scale group A. "
Are repealed, as they apply in French Polynesia:
1 ° Decree No. 57-817 of 22 July 1957 with administrative deconcentration By transfer of remit from the central services of the Overseas Ministry of France;
2 ° Articles 2 and 3 of Decree No. 70-544 of 19 June 1970 on the delegation of powers and authorizing the delegates of the Government in certain Territories From overseas to delegate their signature;
3 ° Articles 22 to 24 of Decree No. 80-918 of 13 November 1980 amending the application of Laws No. 77-144 of 8 July 1977 and No. 77-1460 of 29 December 1977 amending the communal regime in the Territories of New Caledonia and Dependencies and French Polynesia;
4 ° Decree No. 82-1063 of 15 December 1982 concerning the deconcentration of state decisions on civil investment in the Overseas Territories.
Minister of State, Minister of Interior and Spatial Planning, Minister of Defence, Minister of Foreign Affairs, the Minister of Employment, Social Cohesion and Housing, the Minister of Economy, Finance and Industry, the Minister for National Education, Higher Education and Research, the Custody of Seals Minister of Justice, the Minister of Transport, Equipment, Tourism and the Sea, the Minister of Health and Solidarity, the Minister of Agriculture and Fisheries, the Minister of the Public Service, the Minister of Culture and Communication, the Minister of Ecology and Sustainable Development, the Minister for Overseas Affairs, the Minister for Small and Medium Enterprises, Commerce, Handicrafts and Professions, and the Minister of Youth, Sports and Associative life are responsible, each as far as it is concerned, for the execution of this Decree, which will be published in the Official Journal of the French Republic
Done at Paris, 23 March 2007.
Dominique de Villepin
By the Prime Minister:
The Minister for Overseas,
François Baroin
The Minister of State,
Minister of Inside
and Spatial Planning,
Nicolas Sarkozy
The Minister of Defence,
Michèle Alliot-Marie
The Minister of Foreign Affairs,
Philippe Douste-Blazy
The Minister of Employment,
Social Cohesion and Housing,
Jean-Louis Borloo
Finance and Industry Minister,
Thierry Breton
The Minister of National Education,
de Higher Education
and Search,
Gilles de Robien
The Seals Guard, Minister of Justice,
Pascal Clément
The Minister of Transport, Equipment,
of Tourism and Mer,
Dominique Perben
Minister of Health and Solidarity,
Xavier Bertrand
Minister of Agriculture and Fisheries,
Dominique Bussereau
The Minister of the Public Service,
Christian Jacob
Minister of Culture
and Communication,
Renaud Donnedieu de Vabres
Minister of Ecology
and Sustainable Development,
Nelly Olin
The Minister of Small and Medium-Sized Enterprises,
Business,
and Liberal Professions,
Renaud Dutreil
The Minister of Youth, Sports
, and Associative Life,
Jean-François Lamour
