Key Benefits:
The Prime Minister,
On the report of the Minister of Interior, Internal Security and Local Freedoms, the Minister of Economy, Finance and Industry, and the Minister of Equipment, Transport, Land Management, Tourism and the Sea,
Considering the urban planning code, including its articles L. 321-1 to L. 321-9, R. 321-2 and R. 321-6 to R. 321-11;
Considering the Labour Code, including article L. 122-12;
Considering the amended Decree No. 55-733 of 26 May 1955 on the economic and financial control of the State;
Having regard to Article 22 of Decree No. 60-241 of 11 March 1960 establishing the public establishment "Port Rhénan de Mulhouse-Otttmarsheim";
In view of the amended Decree No. 62-1587 of 29 December 1962 on the General Regulation on Public Accounts;
Considering the special convention of 24 December 1960 on the establishment of the port and industrial zone of Mulhouse-Ottmarsheim, in particular its articles 2, 4 and 7;
Considering the deliberation of the General Assembly of the Chamber of Commerce and Industry South Alsace Mulhouse dated 13 November 2000 giving its agreement to the resumption of the two harbour concessions of Mulhouse-Ottmarsheim and Mulhouse - Ile-Napoléon as well as to the resumption of the development, promotion and marketing mission of the industrial area of Mulhouse-Rhinhouse assumed by the public establishment Mulnant
Considering the deliberation of the Ottmarsheim Municipal Council of 5 December 2000;
Considering the deliberation of the board of directors of the autonomous port of Strasbourg of 21 December 2000;
Considering the deliberation of the Mulhouse Municipal Council of 22 January 2001;
In view of the deliberation of the High-Rhine General Council of 15 June 2001;
Having regard to the Agreement for the Disposal of the Port Concessions of Ottomarsheim and Ile-Napoléon dated 29 January 2002;
The State Council (inland section) heard,
Decrete:
The public establishment "Port Rhénan de Mulhouse-Ottmarsheim" is dissolved and liquidation effective January 1, 2005.
The financial account for the year 2004, referred to by the liquidator, shall be submitted, after approval by the accounting officer of the Haut-Rhin, to the Accounts Court within nine months from the end of the fiscal year.
As of 1 January 2005, and for a period not exceeding five years, a liquidator appointed by order of the prefect of the Haut-Rhin is responsible for the completion of the operations undertaken by the establishment by 1 January 2005, and to provide, by all means:
1° A liquidation of claims and debts on the balance sheet of the establishment at its liquidation date, as well as receivables and debts arising during the liquidation period;
2° To transfer to the South Alsace Mulhouse Chamber of Commerce and Industry land that it has identified as relevant to the harbour concessions;
3° To transfer to the municipalities or communities of the communities concerned of the sites of the internal roads of the industrial area of Mulhouse-Rhin;
4° The assignment of other assets and related rights and obligations.
It establishes a liquidation forecast account submitted for approval by the High Rhine Prefect.
The liquidator is invested with all the powers necessary to carry out its mission. He's the revenue and expenditure agent. He can take legal action and enter into transactions.
During the liquidation period, the financial and accounting regime applicable to the establishment is maintained in force. The economic and financial control of the State continues to be exercised under the conditions established by the decree of 26 May 1955 referred to above. The accounting officer remains on the same basis as previously. Agents called to assist the liquidator remain employed under the same conditions as previously.
Prior to the approval of the liquidation forecast account referred to in section 2, and for a maximum of one month, expenses may be incurred on the basis of 1/12 of the 2004 budget.
At the end of the liquidation period, the liquidator shall prepare, in support of the liquidation closing account, a record of its management. All of these documents are subject to the approval by order of the Prefect of the High Rhine.
The balance of this account is divided under the following conditions:
(a) Department of Upper Rhine: 12/60;
(b) Autonomous Port of Strasbourg: 13/60;
(c) South Alsace Mulhouse Chamber of Commerce and Industry: 18/60;
(d) Commune of Mulhouse: 11/60;
(e) Otttmarsheim Municipality: 6/60.
The rights and obligations arising from the activity of the establishment or during the liquidation period and not known at the end of the establishment are transferred to the State.
Decree No. 60-241 of 11 March 1960 establishing the public establishment "Port Rhénan de Mulhouse-Ottmarsheim" is repealed effective 1 January 2005.
The Minister of Interior, Homeland Security and Local Freedoms, the Minister of Economy, Finance and Industry and the Minister of Equipment, Transport, Land Management, Tourism and the Sea are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, December 23, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of the Interior,
of Internal Security
and local freedoms,
Dominique de Villepin
Minister of Economy,
finance and industry,
Hervé Gaymard
Minister of Equipment, Transportation,
of land use,
tourism and the sea,
Gilles de Robien
