Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Development and Sustainable Development, Minister of Economy, Finance and Employment and Minister of Budget, Public Accounts and Public Service,
Vu le Mining codeincluding article 146;
Vu le Social Security Code ;
Considering the code of the state domain;
Considering the general code of public property;
Vu la Act No. 2004-105 of 3 February 2004 establishing the National Agency for the Guarantee of the Rights of Minors and various provisions relating to mines;
Vu le Decree No. 55-733 of 26 May 1955 amended on the economic and financial control of the State;
Vu le Decree No. 99-575 of 8 July 1999 the terms and conditions for approval of certain financial decisions of State public institutions;
Vu le Decree No. 2004-1466 of 23 December 2004 the National Agency for the Guarantee of the Rights of Minors;
Vu le Decree No. 2005-757 of 4 July 2005 relating to financial control in State administrative public institutions;
The State Council (section of public works) heard,
Decrete:
Obligations related to the end of mining concessions involving the public industrial and commercial establishment known as Charbonnages de France pursuant to articles 91 to 93 of the mining code shall be transferred to the State on 31 December 2007.From that date, the State authorities shall carry out the procedures provided for by these provisions.
The public establishment was dissolved on 1 January 2008 and was terminated on the same date.
As of 1 January 2008, all other goods, rights and obligations of Charbonnages de France are transferred to the State with the exception, on the one hand, of those defined in Article 3 of this decree, relating to liquidation operations, and on the other hand, of the rights and obligations entrusted to the National Agency for the Guarantee of the Rights of Minors by this decree.
A decree of the ministers responsible for the economy, mines and budget appoints the liquidator for a period of three years from 1 January 2008.
If, at the end of this period, liquidations are not completed, such Ministers may extend this period by order for the time required for completion.
The accounts for the fiscal year ended December 31, 2007 are determined by the Board of Directors, based on that same date, for that purpose alone. These accounts are certified by the auditors, covered by the liquidator and subject to the approval of ministers responsible for the economy, mines and budget.
The liquidator is responsible for:
1° A liquidation of receivables and debts on the balance sheet of the establishment on the date of its liquidation, as well as receivables and debts arising during the liquidation period;
2° At the disposal of assets under a sale compromise as at 31 December 2007 and the rights and obligations relating to these assets, as well as to the completion of the disposal of the subsidiaries and shares of the establishment engaged prior to its dissolution and the management of the current operations of the public establishment being liquidated;
3° By derogation from Article 1st, to the completion of the operations undertaken by Charbonnages de France by 31 December 2007 with a view to assuming the obligations assumed by the operator by the articles 91 to 93 of the mining code whose list is annexed to this decree;
4° In the processing of ongoing litigation and litigation and litigation and litigation and litigation during the liquidation period, excluding litigation by the National Agency for the Guarantee of Minor Rights by the National Agency 11° of Article 2 of the decree of 23 December 2004 referred to above in its drafting of this decree;
5° The settlement of compensation arising out of the disputes and litigation referred to in 4° of this section, excluding compensation in respect of minor damages.
Ministers responsible for the economy, mines and the budget may, by order, specify the list of assets mentioned in 2° of this article and complete the missions of the liquidator.
The liquidator shall establish a wind-up forecast account and make an annual update. This account and its updates are subject to the approval of ministers responsible for the economy, mines and budget.
It establishes annual accounts certified by the External Auditor and subject to the approval of ministers responsible for the economy, mines and budget.
The liquidator is vested with all the powers necessary for the exercise of the duties defined in section 3. He orders income and expenses. He can take legal action and enter into transactions.
During the liquidation period, the general economic and financial control of the State continues to be exercised in accordance with the terms in force prior to the dissolution of the institution. These terms and conditions may be amended by order of Ministers responsible for the economy, mines and budget.
At the end of the liquidation period, the liquidator shall prepare, in support of the liquidation closing account, a record of its management. The closing account is certified by the Auditor and subject to the approval of the Ministers responsible for the economy, mines and the budget.
This Order regulates the transfer to the State of assets and liabilities that are subject to the closure of the liquidation account, including the rights and obligations arising during the liquidation period or not known at the end of the liquidation period and notes the liquidation balance.
The above-mentioned Decree of 23 December 2004 is amended to read:
I.-A Article 2:
(a) The 6th is supplemented by the following sentence: "it liquidates and pays the remuneration of the former agents made available to the State, another public institution of the State or a company and those who have a leave in the context of a time savings account in accordance with the texts and agreements that have defined them; it assumes the other obligations of the employer to these officers; » ;
(b) The 10th is thus written:
« 10° It manages the social plans of the companies and affiliates referred to in Article 1, cooperates with the reclassification cells and directs the follow-up committees provided for by the said social plans; » ;
(c) At 11°, after the words: "the ones related to the cessation of business activity" are inserted the words: "and falling within its competence, especially the disputes relating to the right of work; » ;
(d) The 11th is supplemented by a sub-item:
"In litigations related to occupational accidents and illnesses that remain the responsibility of the employer, it replaces employers of workers on end-of-career leave, waiver or suspension of activity, as a guarantee of resources or made available to other companies on the date on which it is responsible; In addition, it may, in accordance with the terms established by decree of ministers responsible for the economy, mines, social security and the budget, assist in the processing of such disputes concerning the other former agents of mining companies or their affiliates under the jurisdiction of the agency and their beneficiaries. » ;
(e) After the fourth paragraph of the 12th paragraph, the following provisions shall be inserted:
« 13° The agency can manage funds of assistance and relief that are entrusted to it and provide one-time or temporary assistance and assistance to persons under the agency and their beneficiaries in the light of their social situation. For this purpose, the board of directors shall constitute a commission to give its advice prior to the award of such assistance. »
III.-Article 3 is amended as follows:
(a) After the words: "and waiver of activity" are inserted the words: "and the remuneration of agents in the time savings account or in the end-of-career allowance of engineers";
(b) It is supplemented by the following sentence: "; an order of the same ministers approves the rules of evolution of the remuneration of officials made available to the State, other public institutions or companies that are decided by the board of directors of the agency. »
IV.-The 1st of Article 9 is thus written:
« 1° Four state representatives:
the Director of Energy and Mineral Resources or his representative;
– the Budget Director or his representative;
the director of social security or his representative;
– the Director General of Planning, Habitat and Construction or his representative. »
V.-In the third paragraph of Article 10, after the words: "the member of the general economic and financial control body" are added the words: "hereinafter referred to as the controller".
VI.-Article 12 is as follows:
"Art. 12.-The deliberations of the board of directors shall be enforceable in full right after the expiration of one month from the date of their receipt by the Commissioner of Government and the Comptroller except for opposition within that period of one of them notified to the President of the Board of Directors. »
Deliberations on the budget or its amendments are approved by the Ministers responsible for mines and the budget under the conditions set out in the above-mentioned Decree of 8 July 1999. »
VII.-In the last paragraph of Article 14, the words: "the member of the body responsible for general economic and financial control" are replaced by the words: "the controller".
The Decree No. 2006-27 of 4 January 2006 bearing the statutes of Charbonnages de France is repealed effective 1 January 2008.
The Minister of State, Minister of Ecology, Development and Sustainable Development, the Minister of Economy, Finance and Employment, the Minister of Labour, Social Relations and Solidarity and the Minister of Budget, Public Accounts and Public Service are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A N N E X E
LIST OF COMMITTED WORK WITH 31 DECEMBER 2007
BUY BY THE LIQUID
Rehabilitation operations (site of the triangle and lagoons of the former cokerie of Marienau, the verse of Cadacut, treatment of the ash deposit of Cote Gravelle, planting of the terril of Sainte-Fontaine and that of La Houve, rehabilitation of the Gauthrins area in the Aumance);
Demolition operations (survey of Marienau, site of Merlebach, tile of the Gérard well);
Deep diagnosis of Susville;
Implementing prescribed compensatory measures (piezometer, drilling and survey):
― realization of two deep piezometers in the ancient concessions of Wendel and Sarre-Moselle (Moselle) ;
- rehabilitation of two clean-up drills in Diesen (Moselle);
―supporting two decompression drills in the municipality of Sankt-Nikolaus (Sarre-Germany) carried out by Deutsche Stein Kohlen on behalf of CdF as part of an amodiation contract;
― completion of four thermographic measurement surveys on the Saint-Martin terril at the Aumance (Allier).
Done in Paris, December 21, 2007.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
sustainable development and development,
Jean-Louis Borloo
Minister of Economy,
finance and employment,
Christine Lagarde
Minister of Labour, Social Relations
and solidarity,
Xavier Bertrand
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
