Key Benefits:
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:
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.
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.
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.
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.
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.
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.
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.
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.
This Order may be amended by Order in Council.
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