Key Benefits:
The Prime Minister,
On the report of the Minister of Transport, Equipment, Tourism and the Sea,
Considering the urban planning code, including articles L. 300-1, L. 321-1 to L. 321-9, R. 321-1 to R. 321-11, R. 321-20 to R. 321-25;
Considering the code of expropriation because of public utility;
In view of the amended Decree No. 55-733 of 26 May 1955 on the economic and financial control of the State, as amended by Decree No. 73-501 of 21 May 1973 and Decree No. 99-287 of 13 April 1999;
In view of the amended Decree No. 62-1587 of 29 December 1962 on the General Regulation on Public Accounts;
In view of Decree No. 94-582 of 12 July 1994 on the advice and leadership of public institutions and public sector enterprises;
In view of Decree No. 99-575 of 8 July 1999 on the modalities for approval of certain financial decisions of State public institutions;
Considering the opinion issued by the Ile-de-France Regional Council on 16 March 2006;
Considering the opinion issued by the General Council of Val-d'Oise on 19 May 2006;
Considering the opinion issued by the community of agglomeration of the Montmorency Valley on 10 May 2006;
Considering the opinion issued by the community of Agglomeration Val de France on 15 May 2006;
In view of the opinion issued by the community of agglomeration of Cergy-Pontoise on 16 May 2006;
Considering the opinion issued by the community of Agglomeration Val and Forest on 19 June 2006;
Considering the opinion of the Argenteuil-Bezons community on 28 June 2006;
Considering the opinion of the community of communes of Haut Val-d'Oise on 15 May 2006;
Considering the opinion issued by the community of communes Val de Viosne on 18 May 2006;
Considering the opinion of the community of communes in the Oise Valley and the Impressionists on 31 May 2006;
Considering the opinion of the community of communes of Parisis on 12 June 2006;
Considering the opinion issued by the commune of Taverny on 5 May 2006;
Considering the opinion issued by the municipality of Sannois on 18 May 2006;
Considering the opinion issued by the commune of Gonesse on 18 May 2006;
Considering the letter of referral from the community of communes Pays de France dated 28 March 2006;
Considering the letter of referral from the community of communes west of the Plaine de France dated 28 March 2006;
Considering the letter of referral from the community of communes of the Plateau du Vexin dated 28 March 2006;
Considering the letter of referral from the community of communes Roissy-Porte de France dated 28 March 2006;
Considering the letter of referral from the community of communes of the Sausseron Valley dated 28 March 2006;
Considering the letter of referral from the community of communes in the Oise Valley and the Three Forests dated 28 March 2006;
Considering the letter of referral from the community of communes Carnelle-Pays de France dated 28 March 2006;
Considering the letter of referral from the community of communes of the Trois Vallées du Vexin dated 28 March 2006;
Considering the letter of referral from the community of communes of Vexin-Val de Seine dated 28 March 2006;
Considering the letter of referral of the commune of Goussainville dated 28 March 2006;
The State Council (section of public works) heard,
Decrete:
It is created, under the name "Val-d'Oise Public Land Establishment", a public establishment of the state, industrial and commercial, with moral personality and financial autonomy.
This establishment is authorized throughout the department of Val-d'Oise:
1° To carry out all land acquisitions and real estate and land transactions in order to facilitate development within the meaning of Article L. 300-1 of the urban planning code;
2° To carry out the studies and work necessary to carry out the tasks defined in 1° above and, if necessary, to participate in their funding.
The missions defined in 1° and 2° above may be carried out by the public institution either on its behalf or by the State and its public institutions, or on behalf of the territorial authorities and their groupings, in accordance with conventions passed with them.
For the achievement of the objectives defined in Article 2, the public land establishment may act by expropriation and exercise the pre-emption rights defined by the urban planning code, in the cases and conditions provided for by the said code.
The establishment is authorized to acquire participations in companies, groups or organizations whose purpose directly contributes to the fulfilment of its duties, as defined in the last paragraph of Article 17.
The establishment is administered by a council of sixteen members composed of:
1° Thirteen representatives of the territorial authorities designated by their deliberative body among its members:
- eight representatives for the general council of Val-d'Oise;
- five representatives of public inter-communal cooperation institutions and communes elected by the special assembly provided for in Article 6;
2° Three State representatives:
- the Prefect of Val-d'Oise or his representative;
- the treasurer-general of the department of Val-d'Oise or its representative;
- the departmental equipment director of Val-d'Oise or his representative.
State representatives do not take part in the vote during the review of deliberation setting the amount of the specific tax resource authorized by law.
A representative of the regional council, designated by its deliberative body among its members, attends the board of directors with an advisory voice.
The prefect of Val-d'Oise publishes by decree the nominative list of the board members.
Municipalities and public institutions of inter-communal cooperation with clean taxation located in the department of Val-d'Oise who are simultaneously competent in the area of community space development, social balance of habitat and economic development, are grouped in a special assembly. The municipalities that have divulged from the three above-mentioned competencies for a public institution of inter-communal cooperation with clean taxation are represented by the latter at the special assembly.
Members of the special assembly are appointed within them by interested municipal councils or community councils. Their mandate ends at the same time as their elective mandate.
The special assembly is convened by the Prefect of Val-d'Oise.
She immediately proceeded, under the presidency of her age dean, to the election of her president. It establishes the rules of procedure applicable to its deliberations.
This assembly elects its representatives to the board of directors.
This election will have to ensure a distribution of seats such as public institutions of inter-communal cooperation to clean taxation simultaneously in the area of community space development, social balance of habitat and economic development together have two representatives on the board of directors.
If the special meeting does not designate its representatives to the board of directors of the establishment, such designation may be made by decision of the administrative authority. A change in the composition of the special assembly as a result of the creation or modification of the composition or competence of a public intercommunal cooperation institution referred to above does not de facto result in the demise of its representatives to the board of directors and a new election.
Board members are appointed for six years.
Their duties cease with their elective mandate.
In the event of a vacancy for any cause, it is done within three months to replace the members who have ceased to be a member of the board by new members appointed in the same manner as they replace. The term of the new member shall expire on the date on which the term of the predecessor would normally have ended.
The term of membership of the board of directors is renewable.
Members of the board of directors may not take or retain any interest, occupy no function in the enterprises dealing with the establishment for work or supplies markets or provide benefits for these companies. They cannot in any case lend their expensive assistance to the establishment.
The board of directors shall elect, among the representatives of the general council of Val-d'Oise, for a term of six years, a president. He elects among all his members a Vice-President; it also designates three members who, together with the Chair and the Vice-Chair, constitute the office.
The office shall have at least one representative of the special meeting provided for in Article 6.
The Vice-Chair pleaded with the Chair in the event of absence or incapacitation.
The Board of Directors meets at least twice a year.
The board of directors is convened by its president who sets the agenda and directs the debates.
The board of directors may also be convened at the request of the prefect of Val-d'Oise.
Its summons is entitled if at least two thirds of the members address the written request to the President.
The Departmental Director of Agriculture and Forestry, the Regional Director of the Environment, the State Comptroller and the accounting officer of the establishment are entitled to attend the board of directors.
Minutes and deliberations are sent to them.
The prefect of Val-d'Oise may submit to the Board of Directors any matter that may be useful to the Board. The Chair is required to include it on the agenda.
The board of directors may invite any person whose hearing appears to be useful.
The agenda of the sessions must be brought to the attention of Council members at least ten days in advance.
The board of directors shall deliberate validly when at least half of its members participate in or are represented. When, after a first regular convocation, the board of directors did not meet in sufficient numbers, the deliberation is validly taken without condition of quorum after second convocation.
A member of the absent board may be represented by another member. Each member of the board of directors may represent only one of his colleagues.
Decisions shall be taken by an absolute majority of votes cast. In case of equal sharing of votes, the President's voice is preponderant.
The board of directors rules by its deliberations the business of the institution. To this end, in particular:
1° It determines the policy direction to be followed and sets out the multi-year programme and annual tranches;
2° It sets out the amount of the specific tax resource authorized by law;
3° It approves the forecast statement of revenues and expenditures;
4° He authorizes loans;
5° It sets out the financial account and decides on the allocation of results;
6° It approves the implementation conventions of articles 2 and 18 of this decree;
7° It determines the conditions for recruitment of staff under the authority of the Director General;
8° It approves transactions or authorizes the Director General to transfer under the conditions it determines;
9° It adopts the rules of procedure, which defines, inter alia, the operating conditions of the office;
10° He sets the domicile of the seat.
It can delegate its powers to the office, except those defined at 1°, 2°, 3°, 4°, 5°, 8°, 9° and 10° above.
The office shall resolve all matters referred to it by the board of directors, within the limits of the delegations granted to it. It meets and deliberates under the conditions defined by the rules of procedure.
The Prefect of Val-d'Oise attends the sessions of the office and is heard there whenever he asks.
The Departmental Director of Equipment, the Departmental Director of Agriculture and Forestry, the Regional Director of the Environment, the member of the general economic and financial control and the accounting officer of the establishment are entitled to attend the office meetings.
Minutes and deliberations of all meetings are sent to them.
The prefect of Val-d'Oise may submit to the office any questions which he or she considers useful. The Chair is required to include it on the agenda.
The office may invite any person whose hearing seems useful to him.
The Director General of the Public Institution shall be appointed by order of the Minister responsible for urban planning, following the advice of the Prefect of Val-d'Oise and the President of the Board of Directors. The functions of Director General are incompatible with those of a member of the Board of Directors.
The Director General is responsible for pre-instructing cases that are within the jurisdiction of the institution. He attends legal meetings of the board of directors and the office of which he prepares and executes decisions. In particular, it prepares and presents the multi-year programme and annual intervention tranches, as well as the forecasted statement of revenues and expenditures.
It manages the establishment, represents it in civil life acts, passes contracts, este en justice, prepares and concludes transactions under the conditions set by the board of directors. It is a revenue and expenditure order. He recruits the staff and has authority over him. He can delegate his signature.
The general management of the Yvelines, Hauts-de-Seine and Val-d'Oise public land establishments or two of them can be assured, in strict compliance with the principles of moral and financial autonomy of each institution, by a common general manager.
In this case, the Director General of the Public Institution shall be appointed by order of the Minister responsible for urban planning, after notice of the prefects and presidents of the boards concerned.
A convention between the public institutions concerned specifies the conditions and modalities for the apportionment of the expenses of the common general management. This agreement is established on the date of appointment of the Joint Director General.
The financial and accounting regime applicable to the establishment is the result of the provisions of sections 190 to 225 of the aforementioned Decree of 29 December 1962.
The accountant is designated by the Prefect of Val-d'Oise, after a review by the Treasurer General of the Val-d'Oise department.
The economic and financial control of the State is exercised under the conditions provided for by the decree of 26 May 1955 referred to above.
The facility's resources include:
1° Any specific tax resource authorized by law;
2° Endowments, grants, advances, competition funds or participations made by the European Union, the State, territorial authorities, their public institutions, national societies and all interested public or private persons;
3° The proceeds of loans;
4° Grants obtained at the place and place of territorial authorities, public institutions and interested companies in the implementation of agreements with them;
5° The proceeds of the sale of furniture and buildings;
6° Net income of its furniture and buildings;
7° Donations and bequests;
8° Service benefits and repayments of various advances and pre-financings made by the institution.
The control of the Val-d'Oise Public Land Establishment is exercised by the prefect of Val-d'Oise.
The deliberations of the board of directors and those taken by the office are enforceable only after approval by the prefect of Val-d'Oise.
The absence of explicit rejection or approval within one month of receipt by the Prefect of Val-d'Oise of the above-mentioned deliberations is deemed to be tacit approval, including in the cases and conditions provided for in the above-mentioned Decree of 8 July 1999.
The deliberations of the board of directors relating to acquisitions made under Article 4 are enforceable in full law as long as these acquisitions relate to the majority of shares or shares and are below a threshold set by decree of ministers responsible for the economy, budget and urban planning. When these acquisitions or participations are greater than the above-mentioned threshold, the deliberations of the Board of Directors are binding only after the joint approval of the Ministers responsible for the economy, budget and urban planning.
The State Land Establishment of Val-d'Oise may pass, if any, with another State Landing Institution in Ile-de-France, or with the Land and Technical Agency of the Paris region, a convention that defines the conditions under which it is involved in the missions of the State Land Establishment of Val-d'Oise in respect of its autonomy. In particular, it specifies the conditions under which the personnel and the necessary material resources are made available to the Val-d'Oise Public Land Establishment by another state-owned public establishment and the corresponding financial conditions.
The Minister of State, Minister of Interior and Land Management, the Minister of Employment, Social Cohesion and Housing, the Minister of Economy, Finance and Industry and the Minister of Transport, Equipment, Tourism and the Sea are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, September 13, 2006.
Dominique de Villepin
By the Prime Minister:
Minister of Transport, Equipment,
tourism and the sea,
Dominica Perben
The Minister of State,
Minister of Interior
and landscaping,
Nicolas Sarkozy
The Minister of Employment,
social cohesion and housing,
Jean-Louis Borloo
Minister of Economy,
finance and industry,
Thierry Breton
