Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
I.-The general code of territorial authorities is amended as follows:
1° Articles L. 1115-2 and L. 1115-3 are repealed;
2° Article L. 1115-4 is amended as follows:
(a) The first paragraph is as follows:
"Territorial authorities and their groupings may, within the limits of their competence and in accordance with France's international commitments, join a public body of foreign law or participate in the capital of a legal entity of foreign law to which accedes or participates at least a territorial community or a grouping of territorial authorities of a Member State of the European Union or a Member State of the Council of Europe. » ;
(b) The first sentence of the second paragraph is replaced by two sentences as follows:
"This accession or participation is authorized by a decree of the State representative in the region. It is the subject of a convention with all members joining the public body in question or participating in the capital of the corporation in question. » ;
(c) The third paragraph reads as follows:
"The agreement provided for in the preceding paragraph shall enter into force upon transmission to the representative of the State under the conditions laid down in articles L. 2131-1, L. 2131-2, L. 3131-1, L. 3131-2, L. 4141-1 and L. 4141-2. Articles L. 2131-6, L. 3132-1 and L. 4142-1 apply to this Convention. » ;
3° Article L. 1114-4-1 becomes Article L. 1115-4-1 and, in the first sentence of the third paragraph of this article, the word "legal" is replaced by the word "legal";
4° An article L. 1115-4-2 is inserted as follows:
"Art. L. 1115-4-2.-In the context of cross-border, transnational or interregional cooperation, territorial authorities, their groupings and, after authorization of their guardianship authority, public law bodies within the meaning of Directive 2004 / 18 / EC of the European Parliament and of the Council, of 31 March 2004, concerning the coordination of procedures for the procurement of public works, supplies and services may, within the limits of their competence and in accordance with the international commitments of France, establish with the territorial authorities, the groupings of territorial authorities and the bodies of public law of the Member States of the European Union, as well as with the Member States of the European Union or the border States members of the Council
"This creation is authorized by decree of the representative of the State in the region where the European group of territorial cooperation has its seat. The legal personality of public law is recognized from the date of entry into force of the creation decision. The provisions of Part VII, Part VII, Title II, which are not contrary to the existing Community regulations are applicable to it.
"A European group of territorial cooperation of French law can be dissolved by a reasoned decree taken in the Council of Ministers and published in the Official Journal.
"Territorial authorities, their groupings and, after authorization from their guardianship authority, public law bodies within the meaning of Directive 2004 / 18 / EC of the European Parliament and the Council, of 31 March 2004, mentioned above may, within the limits of their competence, in accordance with the international commitments of France and subject to the prior authorization of the representative of the State in the region, join a European group of territorial cooperation of foreign law. » ;
5° Article L. 1115-5 is as follows:
"Art. L. 1115-5.-No convention, of any kind, may be passed between a territorial community or a grouping of territorial authorities and a foreign State, unless it is intended to allow the creation of a European group of territorial cooperation. In this case, the signature of the convention must be previously authorized by the representative of the State in the region. »
II.- Public interest groups created under the Articles L. 1115-2 and L. 1115-3 of the General Code of Territorial Communities remain governed, for the duration of their existence, by these articles in their writing prior to their repeal by this Act.
This law will be enforced as a law of the State.
Done in Paris, April 16, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister for Foreign Affairs
and European,
Bernard Kouchner
(1) Preparatory work: Law No. 2008-352.
National Assembly:
Draft Law No. 314 ;
Report of Mr. Marc-Philippe Daubresse, on behalf of the Law Commission, No. 619;
Discussion and adoption on 29 January 2008 (TA No. 87).
Senate:
Bill adopted by the National Assembly, No. 182 (2007-2008);
Report of Ms. Catherine Troendle, on behalf of the Law Commission, No. 238 (2007-2008);
Discussion and adoption on 3 April 2008 (TA No. 68).