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Decree No. 2002-573 Of 18 April 2002 Concerning The Economic And Financial Control Of The State On The Régie Autonome Des Transports Parisiens

Original Language Title: Décret n° 2002-573 du 18 avril 2002 relatif au contrôle économique et financier de l'Etat sur la Régie autonome des transports parisiens

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Abstract

Application of Art. 2 Order 59-151 du 07-01-1959; 11 and 14 of Decree 59-1091 of 23-09-1959; 7 and 8 of Decree 83-110 dated 18-02-1983. The economic and financial control of the common law on public undertakings, organised by Decree No. 55-733 of 26-05-1955, is not applicable to public establishments of the State of industrial and commercial character in the field Rail, the French national railway company (SNCF), the rail network of France (RFF) and the autonomous governance of Parisian transport (RATP). These are subject to the specific provisions governing them within the framework of the control provided for in the decrees of 11-12-1940 and 49-996 of 26-07-1949 carried out by the "mission of economic and financial control of transport". This mission is headed by an Inspector General of Finance, assisted by State Supervisors. It works under the authority of the Ministers of Economy and Budget and is available to the Minister of Transport. The arrangements for the control of the SNCF are provided for by an order made pursuant to the Inland Transport Policy Act of 30-12-1982 (Decree No. 83-110 of 18-02-1983). Very close monitoring arrangements have been made for FRF (Decree 97-444 of 05-05-1997). Under the terms of s. 14 of Decree No. 59-1091 of 23-09-1959 on the status of RATP, the economic and financial control of the RATP is organised by a decree, which has never intervened. The control remains organised by Decree 48-1968 of 30-12-1948, which refers to an order of 23-11-1944. This legal framework is no longer adapted to development, in particular through its subsidiaries, RATP and the prospects open both through the reform of its relations with the transport union of France (STIF) and by the Abolition of the principle of its geographical speciality foreseen by Law 2000-l208 of 13-122000 on solidarity and urban renewal. It therefore seems appropriate to renovate the legal bases for the economic and financial control of the state on RATP and its subsidiaries, drawing on the texts applicable to SNCF and RFF. The main provisions of this Decree shall be: - the control mission shall have a general role for information, advice and control in the economic and financial matters of the RATP and the group that the governance forms with its subsidiaries; - The governance itself, the mission will issue an opinion on the operating budget, the investment budget and the accounts for the financial year; - for the RATP and its direct subsidiaries, the mission will sit on the boards of directors with a consultative voice and Issue an opinion on the plans for the creation of subsidiaries and catches, assignments or extensions of financial holdings. (For RATP, these projects are binding only after the approval of the Trusteeship Ministers pursuant to Decree 53-707 of 09-08-1953); - as in the case of public undertakings subject to the above-mentioned Decree of 1955, it is foreseen that the Establish special arrangements for the control of the RATP and its subsidiaries. But unlike the 1955 decree, which only provides for the signature of ministers of the economy and budget, the Minister of Transport will also be a signatory to the orders. The Decree of 1959 on the statute of RATP refers to a simple decree fixing the rules of economic and financial control. However, to the extent that it is necessary to repeal the obsolete provisions of the 1948 Decree on Economic and Financial Control and that this Decree is in the Council of State, this Decree has this form, but it contains a formula Ensuring a return to the simple order for possible future amendments. Finally, it is proposed to repeal a Decree of 07-02-1991 which submitted a subsidiary of RATP to the economic and financial control of the State on the basis of the 1955 Decree, which will no longer be justified. Repeal of ss. 8 and 9 of Decree 48-1968 of 30-12-1948.

Keywords

ECONOMY, PUBLIC ACCOUNTING, ECONOMIC CONTROL, CONTROLE FINANCIER, CONTROLE ECONOMIQUE ET FINANCIER, CONTROLE DE L' ETAT, REGIE AUTONOMOUS DES TRANSPORTS PARISIENS, RATP , ECONOMIC AND FINANCIAL CONTROL



JORF n ° 97 of 25 April 2002 page 7374
text N ° 2



Decree n ° 2002-573 of 18 April 2002 on the economic and financial control of the state on the Régie des transports parisiens

NOR: ECOT0251023D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/4/18/ECOT0251023D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/4/18/2002-573/jo/texte


Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of Equipment, Transportation and Housing,
Vu Order No 59-151 of 7 January 1959 as amended on the organisation of passenger transport in Ile-de-France, in particular Article 2 thereof;
In view of the decree of 11 December 1940 amending the organisation of state control on the roads of Transport by road and water in the metropolis;
In view of Decree No. 48-1968 of 30 December 1948 on the regulation of public administration for the organisation of the control of passenger transport services in the transport region Parisians;
In view of Decree No. 49-996 of 26 July 1949 amending the conditions for the exercise of the financial control of the State on the railways and by road and water, as amended by Decree No. 83-110 of 18 February 1983;
In view of the Decree No. 59-1091 of 23 September 1959, amending the status of the Régie autonomdes transports parisiens, in particular Articles 11 and 14;
Having regard to Decree No. 83-110 of 18 February 1983 organising the economic and financial control of the State on the Société nationale des chemins de fer français, notably articles 7 and 8;
The Conseil d' Etat (Finance Section) heard,
Describes:

Article 1 Read more about this article ...


The mission of economic and financial control of transport established by the decrees of 26 July 1949 and 18 February 1983 ensures economic and financial control Of the State on the Régie Autonomic des transports parisiens under the conditions laid down by this Decree.

Article 2 Read more about this Article ...


The control mission exercises the functions entrusted to it under the authority and on behalf of the Ministers responsible for the economy and the budget.
It is also available to the Minister responsible for Transport for any opinion or intervention in the fields of its competence.

Article 3 Learn more about this Article ...


The mission is responsible for providing information, advice and control in economic and financial matters to the public institution and the companies in which the governance holds more than 50 % of the capital Or of which more than 50 % of the capital is held, together or separately, by the governed or by the companies having themselves, under the same conditions, a direct or indirect link with the governance.
Special arrangements for the exercise of control Shall be fixed, as appropriate, in particular for subsidiaries, by joint order of the Ministers responsible for the economy, the budget and transport.
The mission may be assisted by persons or external bodies specialised in Monitoring and evaluation techniques after obtaining the opinion of the Ministers responsible for the economy, budget and transport.

Article 4 Learn more about this Article ...


The mission makes its opinion known by notes and reports to ministers responsible for economy, budget and transport, as well as to the management of the public institution.
It can issue Advice on all matters and draft decisions affecting the financial balance of the governance, in particular when these issues and projects are submitted to the Board of Directors.
The Mission provides written notice on all issues and draft decisions. Proposals relating to the operating budget, the investment budget and the accounts of the year submitted to the Board of Management.

Article 5 Learn more about This article ...


The mission gives an opinion on the plans for the creation of subsidiaries and catches, transfers or extensions of financial interests envisaged by the public establishment and its direct subsidiaries, before Deliberation of their statutory bodies. This notice is communicated to these instances.
It ensures the application of the agreements or contracts between the public establishment and the state as well as other public authorities.
It checks the amounts that the state And other public authorities pay to the public institution in accordance with existing regulatory or treaty provisions.

Article 6 Learn more about This article ...


The head of the mission or its representative sits with a consultative voice on the board of directors and the committees and commissions established by the board and the boards of directors of the Corporations whose governance directly holds more than 50 % of the capital.
It receives, at the same time as the members of these different organizations, the documents sent to them before each session.

Article 7 Read more about this article ...


The governance provides the mission with all the information necessary to perform its tasks.
The mission's members have all the powers Investigation on rooms and on site. They have access to accounting records. They may attend the meetings of committees and committees existing in the institution and whose purpose is related to their competences.

Article 8 Learn more about this Article ...


Repealed:
1 ° Articles 8 and 9 of the decree of 30 December 1948 referred to above;
2 ° The decree of 7 February 1991 subjecting the RATP's Heritage Education and Development Corporation to economic control And financial state.

Article 9 Learn more about this Section ...


This Order may be amended by Order in Council.

Item 10 Read more about this Article ...


The Minister of Economy, Finance and Industry, the Minister of Equipment, Transport and Housing and the Secretary of State for the Budget shall each be responsible for the execution of the This Order, which will be published in the Official Journal of the French Republic.


Done at Paris, April 18, 2002.


Lionel Jospin


By the Prime Minister:


Finance and Industry Minister



Laurent Fabius

The Minister of Equipment,

Transportation and Housing,

Jean-Claude Gayssot

Budget Secretary,

Florence Parly


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