Key Benefits:
Prime Minister,
On the report of the Minister of Transport, equipment, tourism and the sea,
In view of Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of the Community's railways and amending Council Directive 95 /18/EC concerning The licences of railway undertakings and Directive 2001 /14/EC on the allocation of railway infrastructure capacity, rail infrastructure charging and safety certification;
Given the code General of taxes;
Given the new code of civil procedure;
In view of the book of tax procedures;
In view of Law No. 82-1153 of 30 December 1982 as amended for the orientation of inland transport;
Law No. 2006-10 of 5 January 2006 Relating to transport safety and development, in particular Articles 1 to 4 thereof;
Having regard to Decree No. 53-1227 of 10 December 1953 on the accounting rules applicable to national public institutions of an administrative nature ;
In light of Decree No. 62-1587 of 29 December 1962 amending General Regulation on public accounting;
Given the amended Decree No. 92-681 of 20 July 1992 on revenue authorities and imprest accounts of public bodies;
Having regard to Decree No. 99-575 of 8 July 1999 on the arrangements for the approval of certain financial decisions of public institutions of the State;
Having regard to Decree No. 2004-85 of 26 January 2004 on technical investigations after sea events, Accident or ground transportation incident;
In light of Decree No. 2005-757 of 4 July 2005 on financial control in state administrative public institutions;
The Council of State (section of public works) heard,
Decline:
The Public Railway Safety Establishment, Hereinafter referred to as the establishment, is a public institution of the State of an administrative character placed under the supervision of the Minister responsible for transport.
The mission is to:
(a) Issue, withdraw or suspend railway company safety certificates, infrastructure manager approvals, agency approvals or qualified experts And authorisations for the making, substantial modification and commercial exploitation of rail transport systems and subsystems issued pursuant to Article 13-1 of Act No. 82-1153 of 30 December 1982, Or restrict its scope;
(b) To ensure the monitoring and control of the authorisations mentioned in the a, in particular through inspections and audits;
(c) To ensure control of the placing on the market of the components Interoperability in accordance with the provisions of Articles 26 to 26-6 of Law No. 82-1153 of 30 December 1982;
(d) The development and publication of technical documents, rules of the art and recommendations relating to railway safety ;
e) Respond to consultations with the Minister responsible for transport on all matters relating to railway safety and interoperability and to make any proposals for changes to the regulations;
f) Studies or activities related to railway safety;
(g) To prepare annually a report on rail transport safety
The institution is administered by a twelve-member board of directors, including:
1 ° Five members Representing the State:
(a) The Director of Railway and Collective Transport or his representative;
(b) The Director of Economic and International Affairs to the Minister responsible for Transport or his representative;
(c) The Director The budget or its representative;
(d) The Director of Civil Defence and Security or his representative;
e) The Director General of the Enterprises or his representative;
2 ° A representative of the State chosen from among the members of the Council General of the bridges and roadways;
3 ° A Member of Parliament and a Senator, appointed respectively by the Speaker of the National Assembly and the Speaker of the Senate; and
4 ° Two personalities chosen because of their knowledge of the railway system ;
5 ° Two representatives of staff elected in accordance with the rules laid down in the rules of procedure of the establishment, for a period of three years.
The members mentioned at 2 ° and at 4 ° shall be appointed by the Minister responsible for transport for a Duration of three years. The members mentioned in the 3 ° stay in office until the end of their parliamentary term.
In the event of a vacancy Seat on the board of directors before the normal termination of the term of office for any cause, another member shall be appointed in accordance with the terms of section 3 for the remainder of the term of office.
The Board of Directors elects its chairperson from among its members for a renewable term of three years. The Chairman shall convene the Administrative Board, shall adopt the agenda of the meetings on the proposal of the Director General and shall direct the proceedings. It shall ensure that the decisions taken by the Board of Directors are carried out and reported to it.
In case of incapacity Or the death of the President, the oldest member of the Administrative Council shall act as President until the end of the incapacity of the President or until the election of the new President. The first Board of Directors following the finding of the impediment or death shall be convened by the Director General.
The board meets at least three times a year. Consummons shall be made by any means. In addition, the convocation is entitled within 15 days of the request made by the Minister responsible for transport or by at least one third of the members of the board of directors for the examination of a particular matter.
The Board of Directors is validly meeting only if at least half of its members are present. If this quorum is not reached, the Council shall be reconvened on all or part of the items on the agenda within a maximum of 15 days. It then validates regardless of the number of members present.
Decisions of the Board of Directors are adopted by a majority. The Speaker's voice shall be paramount in the event of an equal sharing of votes.
The Board of Directors may hear any person from whom he or she considers the hearing to be useful.
Directors, as well as any person who is required to attend The
signed by the President and the Secretary of the sitting shall be sent without delay to the Ministers responsible for Transport and the Budget and to the authority responsible for the Financial control.
The Management Board shall lay down its rules of procedure. It regulates the affairs of the institution through its deliberations. In this respect, in particular:
1 ° It fixes the seat of the establishment;
2 ° It approves the general organisation of the establishment and adopts its regulation;
3 ° It lays down the conditions for the administrative and financial management of staff, their General conditions of recruitment, employment and remuneration;
4 ° It adopts the budget of the establishment, the amending decisions and determines the employment table;
5 ° It proposes to the transport and budget ministers Rate applicable to the security right mentioned in 1 ° of Article 2 of Act No. 2006-10 of 5 January 2006 above;
6 ° It determines the basis, the rate and the conditions for the collection of the charges laid down in Article 3 of the Law of 5 January 2006 above;
7 ° approves the financial account;
8 ° authorizes the awarding of contracts, contracts and contracts;
9 ° authorizes acquisitions, disposals, exchanges of real property, leases and leases of which the amount is Above a threshold established by a joint decree of the Ministers responsible for transport and the budget;
10 ° It allows for legal action and transactions;
11 ° entitles the establishment in companies, groups Or bodies in accordance with the mission assigned to the institution;
12 ° accepts donations and bequests and determines their employment;
13 ° It approves the activity programme and the policy guidelines proposed by the Director General;
14 ° Deliberate on the annual report of the establishment submitted by the Director General.
The Board of Directors may, under the conditions and limitations that it determines, delegate to the Director General the Terms of Reference Referred to at 3 °, 8 °, 9 °, 10 ° and 12 ° above.
The deliberations of the Management Board provided for in the 4 °, 6 °, 7 ° and 11 ° shall be transmitted to the Minister responsible for the budget and to the Minister responsible for transport, who shall have a period of one month From their reception to oppose them. If none of them has objected within this period, they are enforceable.
The Board of Directors is notified each year of all contracts, contracts or contracts entered into the previous year.
The functions of a member of the board of directors are exercised free of charge. They shall be entitled to the reimbursement of travel and subsistence expenses under the conditions applicable to the staff of the establishment.
The Director General shall be appointed by decree of the President of the Republic on the proposal of the Minister responsible for transport.
He shall exercise the powers defined in Article 2 of the aforementioned Law of 5 January
. In particular, the Director General:
(a) Prepares and assures the proceedings of the board of directors;
(b) Issue, withdraws or suspends the approvals required for the performance of railway operations or restricts the scope of the proceedings Application;
(c) Includes all acts within the jurisdiction of the institution that are not vested in the board of directors under the provisions of section 9; and
d) Reports to the Board of Directors of the measures taken In the framework of the allocation delegations granted to it;
(e) Authority on all staff whose recruitment, appointment and management, and whose remuneration is fixed under the general conditions laid down by the The board of directors;
(f) Is the revenue and expenditure authorising officer;
(g) Is the person responsible for the contracts;
(h) Establishes and implements the control programme of the undertakings concerned by the technical regulations and Safety of railway transport;
i) Represents the establishment in court and in all acts of civil life.
The Director General of the institution shall participate in the meetings of the board of directors with a consultative vote. He may be assisted by any person of his or her choice. The financial control authority and the accounting officer shall also participate in the meetings with a consultative vote.
The Director General may delegate his or her signature to officers under his or her authority, within the limits and conditions specified by the Board of Directors. The act of delegation shall specify the identity of the delegate and the extent of the delegation. Acts of delegation shall be published in the Official Bulletin of the Ministry responsible for transport.
The Minister responsible for transportation may, at any time, be communicated by the Director General all documents, exhibits or records. It may bring to the attention of the Director General any information it deems appropriate.
If the Minister responsible for transport considers that a decision of the Director General affecting the safety or interoperability of rail transport on The network under the jurisdiction of the institution poses a serious threat to the public order or the continuity of the public service, it may ask the Director General to reconsider its decision. After making such a review, the Director General shall inform the Minister, in written and reasoned form, of his or her decision to either confirm, withdraw or reform its first decision.
Permanent staff of SNCF or RATP can be seconded to the institution under defined conditions Below.
Employees seconded to the institution shall be paid by him and shall be subject to the rules governing their duties during their secondment with the exception of the regulatory or treaty provisions relating to Termination of the employment contract and at the end of a career for which the statutory provisions of their original undertaking remain applicable.
Their contract of employment with their original undertaking shall then be suspended subject to The application of the following paragraphs.
Detaseconded personnel continue to benefit from the pension plan of their original business. It shall address to the institution the calculation elements necessary for determining the amount of the contributions constituting the pension rights, in accordance with the arrangements laid down in the agreement provided for in the following
. Between the establishment and each of the original undertakings specifies the duration of the secondment and the conditions under which personnel placed in the position of secondment may, in particular, continue to benefit during this period of advancement to the And may be reinstated.
This convention also specifies the conditions under which the secondment to the institution may be terminated early.
The establishment inspectors carry out inspections by the Director General. They must be able to justify their identity and their functions within the institution.
In the case of a refusal of access as provided for by Article 2 of the aforementioned Law of 5 January 2006, the authorised official or the Director-General May refer to the President of the High Court in whose jurisdiction the premises where access is refused, or a magistrate delegated by him, are located. The latter shall be seized and shall act in accordance with the application procedure laid down in Articles 493 to 498 of the new Code of Civil Procedure. The Department of Attorney is not required.
The request specifies the premises, places, facilities, or transportation equipment to which access is denied. It contains all the elements to justify this access.
The order refers to the premises, places, installations and equipment of transport, excluding homes and the part of the premises serving as home, the access of which is Authorized, as well as the name and quality of the agent authorized to conduct the visit. It sets a duration at the end of which the ordered measure lapses. This period may not exceed two months.
The visit shall be carried out under the control of the President of the High Court or the Judge delegated by him who authorised it. The person may visit the site during the intervention and at any time decide to suspend or stop the visit.
Information collected as part of an inspection mission shall be reported by the inspector responsible for the mission to the Director General of the institution. This report shall be communicated by the Director General to the person responsible for the premises, premises, installations or transport equipment inspected. This person may make representations within 15 days.
Agents of the institution are Bound to professional secrecy for the information they became aware of in connection with their duties
Except as mentioned below, the institution is subject to the financial and accounting regime applicable to national public institutions Administrative in accordance with the provisions of Articles 14 to 25 of the aforementioned Decree of 10 December 1953 and Articles 151 to 189 of the Decree of 29 December 1962 referred to above.
The establishment is subject to financial control under the conditions laid down in the aforementioned decree of 4 July 2005. The financial control authority shall be designated by order of the Minister responsible for the budget.
The accounting officer of The institution is appointed by order of the Minister responsible for finance.
Revenue authorities and imprest accounts May be instituted under the conditions laid down by the aforementioned decree of 20 July 1992.
The conditions and Arrangements for the payment of expenses incurred by the professional staff of the establishment shall be fixed by the Administrative Board.
The security right provided for in Article 3 of the Law of 5 January 2006 referred to above is found, recovered and controlled by the establishment.
To this effect, the Director General empowers agents of the The establishment responsible for exercising the right of communication provided for in Article L. 81 of the book of tax procedures. The Director General or the person to whom he has delegated his signature pursuant to Article 13 of this Decree shall sign the acts necessary for the performance of the adversarial procedure provided for in the first and last paragraphs of Article L. 57 of the book of tax procedures or of the procedure for ex officio taxation provided for in Article L. 76 of the same book and the enforcement order for the recovery of additional duties and the corresponding penalties provided for in the Articles 1727 et seq. Of the general tax code.
Security claims under the 1 ° of Article 3 of the Law of 5 January 2006 referred to above shall be presented and dealt with as in the case of turnover tax subject to the following provisions.
Claims relating to the security right shall be addressed to the
The claims for recovery are addressed to the institution's accounting officer
The first meeting of the Board of Directors shall be held within a period not exceeding four months from the date of publication of this Order in Convening of the Minister responsible for transport. At this meeting, chaired by the oldest member, the Chair of the Board of Directors was elected.
By way of derogation from the provisions of Article 3 and until the election of the members of the Board of Directors representing the staff, the Board may meet in the absence of this category of members. During this period, the quorum rules laid down in Article 8 shall apply, taking into account only the ten other members of the Management Board.
Movable property acquired by the State and the rights and obligations it has acquired for the establishment of the establishment shall be transferred to it from the publication of this Decree. The expenditure granted by the State for the same purpose shall be reimbursed by the institution.
Upon appointment and Until the first meeting of the Board of Directors, the Director General shall take any decision necessary for the organisation and running of the establishment. It shall draw up a draft provisional budget which, by way of derogation from Article 9 of this Decree, shall become enforceable as soon as it is approved by the Minister responsible for the budget and the Minister responsible for transport. This budget shall remain binding until the final budget is adopted by the Board of Directors of the institution. The Director General shall report to the Management Board during its first session of the acts and decisions which it took and which fall within the powers of the Management Board under Article 9.
The Minister of Economy, Finance and Industry and the Minister of Transport, Equipment, Tourism and the Sea are each responsible for this To be published in the Official Journal of the French Republic
Done at Paris, March 28, 2006.
Dominique de Villepin
By the Prime Minister:
Minister of Transport, Equipment,
for Tourism and the Sea,
Dominique Perben
The Minister of the Economy,
Finance and Industry,
Thierry Breton
