Summary Application of articles 21-1 of Act No. 72-619 of July 5, 1972 and 21 of Act No. 2000-321 of 12 April 2000.
Partially repealed text (articles 8 (2nd paragraph) and 9-11) beginning January 1, 2015 (Decree No. 2014 - 1670 of December 30, 2014) keywords ecology, TRANSPORT MARITIME, PORT marine, CODE des PORTS MARITIMES, port reform, ORGANISATION port, GRAND PORT MARITIME, GPM, INSTITUTION, award, plan FINANCIER, Exchange, SUBSTITUTION, SERVICE related, waste RECEPTION, organization, supervisory board, COMPOSITION, Executive Board, PRESIDENT, MODE of appointment
, Duration of mandate, Board development, PERSONNEL, Government Commissioner, economic and financial control, authority, operation, strategic project, management financial and COMPTBLE, REGIME DOMANIAL, control, planning, TERMINALS, domain port implementation JORF n ° 0237 October 10, 2008 page 15554 text no. 4 Decree No. 2008-1032 on 9 October 2008 taken in application of law No. 2008-660 of July 4, 2008 on port reform and on the various provisions in port matters NOR : DEVT0818826D
ELI: https://www.legifrance.gouv.fr/eli/decret/2008/10/9/DEVT0818826D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2008/10/9/2008-1032/jo/texte


Le Premier ministre,
Sur le rapport du ministre d'Etat, ministre de l'écologie, de l'énergie, du développement durable et de l'aménagement du territoire,
Vu le code civil ;
Having regard to the penal code;
Having regard to the code of the seaports;
Having regard to the code of commerce;
Having regard to the code of the domain of the State;
Having regard to the code of financial courts;
Having regard to the code of public contracts;
Having regard to the general code of the property of public persons;
Having regard to Act No. 72-619 of July 5, 1972, amended on the establishment and organization of the regions, including article 21-1;
Having regard to Act No. 83-675 dated July 26, 1983 amended concerning the democratisation of the public sector;
Having regard to Act No. 84-148 of March 1, 1984 as amended relating to the prevention and amicable settlement of difficulties of enterprises;
Having regard to law no 2000 - 321 of 12 April 2000 on the rights of the citizens in their relations with Governments, particularly section 21;
Pursuant to law No. 2002-3 of 3 January 2002 amended relating to the safety of infrastructure and systems of transport, technical investigations after event of sea, accident or incident to underground natural gas storage and transport by land or air, hydrocarbons and chemical products;
Pursuant to law No. 2008 - 660 of July 4, 2008 on port reform.
Considering Decree No. 55-733 du 26 mai 1955 amended relating to the economic and financial control of the State.
Considering Decree No. 62 - 1587 December 29, 1962, amended general regulation on public accounting;
Considering Decree No. 83 - 26 December 1983 amended 1160 on the implementation of Act No. 83 - 675 of 26 July 1983 concerning the democratisation of the public sector;
Having regard to Decree No. 86-455 of 14 March 1986 amended on the abolition of the commissions of the real estate operations and architecture and laying down the procedures for consulting services in the fields;
Having regard to Decree No. 92-681 20 July 1992 amended relating to revenue authorities and imprest accounts of public bodies;
Considering Decree No. 2004-374 of April 29, 2004, amended on the powers of the prefects, the Organization and the action of the services of the State in the regions and departments;
Mindful of Decree No. 2006-781 3 July 2006 laying down the terms and conditions of payment of the costs occasioned by the temporary displacements of the civilian personnel of the State;
Having regard to the opinion of the Higher Council of the Merchant Navy dated July 10, 2008;
The Council of State (section of public works) heard, enacts as follows: Article 1 more on this article...

Book I of the seaports code is supplemented by a preliminary reading as follows: "preliminary title" port organization and major seaports ' chapter I: "Institution, functions and financial arrangements of the major sea ports" Section 1 "Institution" Art.R.»»»»»»»» 101-1.-the decree in Council of State creating a large seaport is taken on the report of the Ministers responsible for seaports and the economy.
"It specifies the name and the seat of the large seaport.
"For large seaports substituted for sea ports in the State, fixed Decree, where appropriate, the date of entry into force of the new regime.
"Major sea ports are placed under the authority of the Minister responsible for seaports and subject to the general economic and financial control.
«Section 2 ' district 'Art.R.»» 101-2.-subject to the provisions of article L. 101 II - 6, large seaport district is bounded by an order of the prefect of the region where is located the headquarters of the port after notice of the maritime prefect.
When the Division is likely to extend over several regions, the Prime Minister refers to the prefect in charge of its delimitation in the conditions laid down by article 66 of Decree No. 2004-374 of 29 April 2004 concerning the powers of the prefects, the Organization and the action of the State services in the regions and departments.
"For the first boundary of the district, the prefect of the region competent prepares documents including:" 1 ° a record indicating and justifying the district limits proposed;
'2 ° if applicable, the date on which the regime established by this title will be substituted for the regime previously in force;
«3 ° where appropriate, the list port advice that must be consulted;
"(4) the list of authorities and their relevant groupings planning as well as territorially interested public institutions;
"5 ° a plan indicating the project's perimeter of the electoral district both on the side of the sea than on land. ''
«Art.R. 101-3.-for the first boundary of the electoral district, the prefect of the region consults beforehand: "1 ° where appropriate, the port councils concerned;
«2 ° local authorities or their groupings and territorially interested public institutions. ''
"The consultation lasts two months. In the absence of response to the end of this period, the notice is deemed issued.
«Art.R. 101-4.-modification of the electoral district of a large seaport intervenes at the request of the Executive Board of the port following a favourable opinion of the Supervisory Board. ''
"The change request is dealt with as follows: ' 1 ° a dossier containing the documents referred to in article R. 101 - 2 consists of the Executive Board of the large seaport;
"2 ° the Executive Board submits this folder for the approval of the competent regional prefect who invited him to conduct the following consultations:" ― consultation of the development of the great maritime port Council;
"― consultation of local authorities and their groupings as well as territorially-interested public.
"The consultation lasts two months. In the absence of response to the end of this period, the notice shall be deemed issued;
"3 ° within a period of fifteen days following the completion of the consultations referred to in 2 ° of this article, the Executive Board address the record and report statement to the prefect of the region.
«Section 3 "financial system «Art.R.»» 101-5.-a large seaport can realize an investment project at the request of the State, a territorial collectivity, a grouping of authorities or a local public body or national, that if this project is the object on the part of applicants for financial aid to avoid any negative effect on the accounts of the port during the period of depreciation of the investment.
«Art.R. 101-6.-the provisions of article R 111 - 6 are applicable to major sea ports.»
«Section 4 "Substitution of a major maritime port to a seaport under State «Art.R.»» 101 7.-L' State gives for free to major seaports substituted for one or several non-Autonomous maritime ports of the State, on the date set for the entry into force of the new regime: "1 ° ownership of land and surface water granted or not in the public domain, including in the constituency from the large seaport and marine structures and buildings depending on the public domain that exist on such land and water surfaces excluding those in the maritime public domain natural or natural fluvial public domain;
«2 ° the administration and enjoyment of land and water surfaces belonging to the natural maritime public domain and public domain River natural within the electoral district of the great maritime port, except land already allocated or assigned to the Conservatory of coastal areas and lake shores;
«3 ° the property of the lands owned by the private domain of the State, assigned to the service responsible for the management of seaports of the State and included in the riding of the largest sea port, as well as works, buildings and equipment having the character of immovables by destination or buildings deemed accessories, depending on above-mentioned and service necessary for maintenance, operation and work;
«4 ° ownership of other equipment, furniture and supplies of the same service and used for the same purpose.
"However are excluded from these discounts land, buildings, furniture, equipment and supplies of the service of lighthouses and beacons.
"Remittances are made in the State.

«Art.R. 101-8.-pursuant to article L. 101 - 6, the fitness property in the largest sea port of the assets and liabilities of the institutions public delegates under the account of the grant takes place on the date of entry into force of the new regime. '' Assets include free funds, deposits, portfolio values, interests and claims of any kind.
«Art.R. 101-9.-when a major maritime port is overridden with a port authority, receives free of charge: «1 ° ownership of all elements of assets of the port authority, including land, surface water, structures, buildings, tools, furniture, equipment, supplies and equity;
"2 ° the administration and enjoyment of all of the land and water surfaces depending on the natural maritime public domain and the natural fluvial public domain of the State within his constituency, except land already allocated or assigned to the Conservatory of coastal areas and lake shores.
"Art.R. 101-10.-during each planned rebates to articles R. 101 - 7-R. 101 - 9, it is inventory contradictorily a description land, structures, buildings, and equipment included in the delivery. '' For discounts by the State, this inventory is divided into two parts relating respectively to the public domain and the private domain.
"It is also contradictorily prepared a State of the assets other than those referred to in the preceding paragraph and held by the institutions public delegates under the account of the concession. '' These active elements include free funds, deposits, portfolio values, interests and claims of any kind. The inventory provided for in the first paragraph then also focuses on the rights and obligations attached to the delivered goods and transferred operations.
«Section 5 "related Services «Art.R.»» 101-11.-the great seaport can be loaded, at the request of the Executive Board, the management of public services related to the reception of ships, within the administrative boundaries of the port laid down pursuant to article R. 151 - 1 or for access to it.
"Joint orders of the Minister in charge of sea ports and the Ministers concerned shall lay down the conditions of delivery of these services to the great maritime port and the rules of their operation.
«Section 6 "Reception of waste 'Art.R.»» 101-12.-the Executive Board establishes, every three years, where appropriate in consultation with other ports in the same maritime façade, a plan of reception and processing of waste of ships and cargo residues to meet the needs of the ships using the port.
"A joint order of the Minister responsible for seaports and the Minister of the environment defines the content and the modalities of this plan, involving notably the census needs and usable facilities, approval procedures and the pricing system.
"The plan of reception and processing of waste of ships and cargo residues is approved by the prefect of the département in which are situated the main facilities of the port.
"In the event of significant change in the operating conditions of the port having repercussions on the need for port waste reception facilities and cargo residues, the plan is updated and approved in the same conditions as the original plan.
"When a major maritime port is substituted for a port State, terms of reception and processing of waste of ships and cargo residues remains in effect until the date of its revision.
«Chapter II ' organization ' Section 1 ' supervisory board ' Art.R.»»»»»» 102 - 1.-I. — representatives of the State to the Supervisory Board are: 1 ° the prefect of the region of the seat of the port or his substitute, designated on a permanent basis;
2 ° a representative of the Minister responsible for seaports;
«3 ° a representative of the Minister of the environment;
«4 ° a representative of the Minister responsible for the economy;
«5 ° a representative of the Minister in charge of the budget.
"Each Minister shall appoint its representative by order.
«II. ― the members of the Supervisory Board representing the territorial communities are: "1 ° a member of the regional Council of the region in which the headquarters of the port, appointed by that Council;
'2 ° a member of the general Council of the Department in which lies the headquarters of the port, appointed by that Council;
«3 ° two representatives from the communes and groupings of territorial authorities with any part of the territory is located in the electoral district. The decree establishing the great maritime port determines the two municipalities or groupings that have a representative. It is designated from among its members the legislative of the commune or group.
"III. ― qualified personalities referred to 4 ° of article L. 102 - 2 are appointed by Decree of the Minister responsible for seaports, after consultation with the Minister responsible for the economy. '' They are chosen because of their expertise in activities relevant to ports, development, environment, shipping, transport, the regional economy or the national economy.
"The decree in Council of State establishing the great port designates the consular Chamber which has a representative elected to the Supervisory Board. The Minister responsible for seaports invites this consular room to propose its representative.
"The prefect of the region published in the compendium of administrative acts of the prefecture the name list of the members of the Supervisory Board.
«Art.R. 102-2.-the mandate of the members of the Supervisory Board is five years. '' It can be renewed. When the circumstances so require, this mandate may, moreover, be extended for a period not exceeding six months by the order referred to in article R. 102 III - 1.
"Cease ipso jure to be part of the Council members who have lost quality under which they were designated or appointed.
"The mandates of the members of the Supervisory Board appointed pursuant to article R. 102 II - 1 ends at the renewal of the Assembly who designated them. ''
"Provided for the replacement of a member whose seat becomes vacant by death, resignation, on one of the grounds mentioned in the two preceding paragraphs or for any other reason, for the remainder of his term. ''
«The dates of beginning and end of term of office of the members of the Council are laid down in the order referred to in article R. 102 III - 1.»
«Art.R. 102-3.-the Supervisory Board elects a Vice President among its members.»
"Absent or for any other cause, the Chairman of the Supervisory Board is temporarily replaced in the fullness of its functions by the vice-president.
«Art.R. 102-4.-members of the Supervisory Board addressed to the Commissioner of the Government with the largest sea port, within fifteen days of their appointment or designation, a statement stating: "― the functions exercised by themselves and their spouses not separated from body or persons with whom they are linked by a civil solidarity pact in the companies or organizations that can» , due to their sector of activity, to enter into agreements with the largest sea port;
"― the list and the number actions and social rights representing at least one-twentieth of the capital or voting rights, owned by themselves, their spouses and minor children not emancipated in the same companies or bodies."
"Any Member having not endorsed this statement within the period prescribed to the Commissioner of the Government the object, on the part of, of a written request to produce it within a period of fifteen days. '' Without having produced his statement in this new period, this member is deemed to have resigned from the Supervisory Board.
"Each year, the Commissioner of the Government request to members of the Supervisory Board to report changes in the elements contained in the declaration referred to in the first paragraph of this article.
'The Government Commissioner shall inform the authority responsible for the economic and financial control statements performed by the members of the Council as well as the changes that are made.
«Art.R. 102-5.-the members of the Supervisory Board, other than the elected representatives of the public institution employees, which abstained without legitimate to attend three consecutive meetings, reason are declared resigning by the Supervisory Board. ''
«Art.R. 102-6.-the mandate of the members of the Supervisory Board is free. '' The members of the Supervisory Board are entitled to the reimbursement of expenses that requires the execution of their mandate. The reimbursement of these costs is carried out under the conditions laid down by joint decision of the Minister in charge of sea ports and the Minister in charge of the budget.
"Each representative of the employees of the port to the Supervisory Board has on the exercise of its mandate with a credit of seventeen hours and thirty minutes per month.
«Art.R. 102-7.-the Supervisory Board can be dissolved by reasoned order of the report of the Minister in charge of the seaports, the Minister in charge of the economy and the Minister in charge of the budget. ''

«Art.R. 102 - 8.-I. ― no convention cannot, without the authorisation of the Supervisory Board, be concluded directly or by proxy between the large seaport and a member of this Council or the Executive Board or a company or organization that this member controls within the meaning of article L. 233 - 3 of the commercial code, or which it is a shareholder with a fraction of a vote greater than 5%. , or it Manager, Manager, administrator, or, in General, leader.
'It is the same for any agreement entered into between the port facility and a company or an organization mentioned in the declarations provided for in article R. 102 - 4'
«II. — the provisions of I shall not apply to the conventions relating to current operations concluded under normal conditions. However, these recent conventions are communicated by the Member of the Supervisory Board or of the Executive Board to the Chairman of the Supervisory Board, the Government Commissioner and the authority responsible for the economic and financial control. The list of these conventions and their object are communicated by the president to the members of the Supervisory Board and Auditors to accounts.
"III. — when the Commissioner of the Government or of the economic and financial control authority considers that a member of the Supervisory Board or of the Executive Board is likely to expose to the application of article 432-12 of the criminal code, it shall inform in writing the Supervisory Board.
"IV. — the Member of the Supervisory Board or of the interested Executive Board shall notify, by registered letter with acknowledgement of receipt, the Chairman of the Supervisory Board, the Commissioner of the Government and the authority responsible for the economic and financial control as soon as he has knowledge of a convention to which the I is applicable.
"This member cannot attend the deliberation or take part in the vote and it is not accounted for in the calculation of the quorum and the majority. It shall also refrain to participate as a member of the Supervisory Board or of the Executive Board, in all actions relating to the negotiation and conclusion of this convention.
"The Chairman of the Supervisory Board shall notify the Auditors of any convention permit. The Auditors present on these conventions, a special report to the Commissioner of the Government and the authority responsible for the general economic and financial control.
' Without prejudice to the responsibility of the person concerned, conventions referred to the I and concluded without authorisation of the Supervisory Board may be declared null and void by the Supervisory Board or by joint decision of the Minister in charge of sea ports and the Minister responsible for the economy, within a period of three years from the date of the agreement or, if the facts which make the applicable to the convention I have been concealed. as of the day when these facts are revealed.
«Art.R. 102-9.-upon its formation or its renewal, the Supervisory Board meets on the invitation and under the chairmanship of the prefect of region or the alternate designated by him on a permanent basis, this notice is addressed to the members of the Supervisory Board of at least ten working days before the scheduled date.»
"At the first meeting of the Council, shall be made to the election of the president and Vice President chosen from among the members of the Council. Applicants to these functions must, at least three working days before the meeting of the Council in which it must be carried out in the election, apply to the Commissioner of the Government and pass the declaration mentioned in article R. 102-4. Absence for candidates to have observed these formalities, their application is inadmissible. Prior to the vote, the Government Commissioner informed the Supervisory Board of what a candidate, if he were to be elected, would seem it likely to expose, in his role of president or vice-president, the application of the provisions of article 432-12 of the criminal code.
The mandate of the Vice-Chairman of the Supervisory Board is five years. The mandate of the president and the vice-president of the Supervisory Board ends at the same time as that of the members Council supervision appointed by order. The outgoing vice-president may be re-elected.
"The Supervisory Board can ensure the assistance of Secretaries in the large seaport staff, who attend meetings without taking part in the deliberations.
«Art.R. 102-11.-the Supervisory Board establishes its rules of procedure. '. It may be in its midst of the specialised committees.
"It is in its midst an audit committee. The Commissioner of the Government and the authority responsible for the economic and financial control attend the meetings of this Committee with advisory voice. The Chairman of the Supervisory Board is not part of the audit committee.
"The audit committee assists the Supervisory Board in its role as guarantor of the quality of internal control and the reliability of information provided to the State. The Supervisory Board fixed, within the limits of its powers, matters that are the responsibility of the audit committee. These include including the control of the efficiency of the internal control systems, the supervision of the statutory audit of annual accounts and consolidated accounts, the risk of significant contingencies commitment, review and monitoring of the independence of Auditors with the accounts.
«Art.R. 102-12.-are subject to the prior approval of the Supervisory Board: ' a) the strategic project of the port mentioned in article L. 103 - 1 and the annual report on its execution;
"(b) the statement of estimates of revenue and expenditure and its amending decisions, including the evolution of debt, wage and tariff policies and staffing;
'c) financial account and the allocation of the results for the purpose of verification and control;
"d) outlets, assignments or extensions of financial participation;
"e) the conventions referred to in article R. 102 I - 8, subject to the II of the same article;
«f) any decommissioning of land, structure or building forming part of the public domain;
"(g) transfers for an amount exceeding a threshold set by the Council;
"h) transactions referred to in article R. 102 - 20 when their amount is above a threshold set by the Council;
'i) the sureties, guarantees and sureties;
'(j) investment operations for an amount greater than a threshold set by the Council;
'k) the General conditions for the award of contracts and conventions.
«Art.R. 102-13.-the Supervisory Board meets, on the convening of its Chairman, at least twice per semester.» The Chairman of the Supervisory Board sets the agenda after consultation with the Chairman of the Executive Board.
"The Council may validly deliberate only when the half at least of its current members were present at the meeting. However, if this quorum is not reached, the Council, meeting on a new summons to three days apart, shall validly deliberate regardless of the number of members present.
"The deliberations are taken by a majority of the votes cast. In case of sharing, the voice of the president is dominating.
"Voting takes place by secret ballot in the case of appointment or notice on a designation. In these two cases, if, after two rounds of voting, no candidate has obtained an absolute majority, a third round of balloting shall be made and the appointment or designation held relative majority. At equality of votes, the appointment or designation is acquired to the older.
"The minutes are signed by the president and the vice-president. They refer to those present.
"The members of the Board attend consultative meetings of the Supervisory Board.
"The notices of meetings are sent to the Government Commissioner and the economic and financial control authority, accompanied by the orders of the day and the same documents as those transmitted to the members of the Council.
"The Commissioner of the Government or the authority responsible for the economic and financial control can ask the president of the supervisory board the inclusion in the agenda of the issues on which they believe necessary to cause a deliberation or information of this House.
"The Commissioner of the Government and the authority responsible for the economic and financial control are convened to the commissions established within the Council. They attend these commissions if they deem it useful.
«Art.R. 102-14.-the deliberations of the Supervisory Board are transmitted to the Ministers responsible for seaports, the economy and the budget. '' They are communicated at the same time, through the president, the Government Commissioner and the authority responsible for the economic and financial control.
"The Government Commissioner may, at any time within eight days following the meeting of the Supervisory Board, objecting to the deliberations.
"The opposition of the Government Commissioner is thrown within a month if the Minister responsible for seaports has not confirmed it within that period.
«Section 2 ' Executive Board 'Art.R.»» 102-16.-the decree appointing the president of the Executive Board after obtaining the assent of the Supervisory Board is taken on the report of the Minister in charge of sea ports.
"It is equipped with the replacement of any member of the Executive Board who has resigned or prevented under the conditions of his appointment, for the remainder of his mandate.
"The president of the Executive Board carries the title of Director-general.
"It can be put an end to the functions of the Chairman of the Board by order made on the report of the Minister responsible for seaports, after reasoned opinion or on the proposal of the Supervisory Board.

"The Supervisory Board can put an end to the functions of the other members of the Executive Board, after reasoned opinion or on the proposal of the president of the Executive Board.
«Art.R. 102-17.-pursuant to article L. 102 - 5, the Executive Board including exercises the following powers: "― it proposes to the supervisory board the General guidelines of the policy of the institution;
"― it prepares, submits for the approval of the Council and is implementing the strategic project provided for in article L. 103 - 1;
"― it establishes the provisional statement of revenue and expenditure and its amending decisions, and after approval of the Supervisory Board executes;
"― it submits the financial account of the institution to the Supervisory Board;
"— he established the annual report provided for in article R. 102 - 18;
"― it provides state management;
"― it stops the financial authorities of occupation of the public domain and technical conditions.
"The Executive Board determines, where appropriate within the limits set by the Supervisory Board, the use of funds exceeding the cash flow requirements and investment reserves.
«Art.R. 102-18.-the Management Board is responsible for the implementation of the decisions of the Supervisory Board. ''
"The president of the Supervisory Board prepares the observations of the Board on the report that the Executive Board must submit each year on the situation of the large seaport and the progress of the strategic project.
The report of the Executive Board, together with the comments of the Council, addressed before June 30 to each Minister responsible for seaports, the economy and the budget.
"Art.R. 102-19.-the Executive Board establishes rules of procedure which organizes its operation. ''
"The members of the Board may, with the authorisation of the Supervisory Board, divide between them the tasks of Directorate; However, this distribution cannot, under any circumstances, have the effect to withdraw to the Executive Board its character of body collectively providing the direction of the large seaport.
"The decisions of the Board are taken by a majority of the members present, the Executive Board acting validly only if at least half of its members are present, including the president.
"In the event of equality of votes, the vote of the president is dominating.
"The decisions of the Executive Board are recorded in the minutes kept in a special register. These minutes are signed by the president.
". Art.R 102-20.-the Chairman of the Board appointed to all jobs in the port, manages and revokes staff, presents at the disposal of their administration of origin officials placed in the position of detached service and fixed the remuneration of staff subject to the observation of the rules of guardianship."
"The president of the Executive Board represents the largest sea port of right before all courts and for all acts of civil life. It has the ability to conclude transactions under the conditions laid down in articles 2044 et seq. of the civil code and within the limits set by the Supervisory Board. The transactions are subject to the prior approval of the Commissioner of the Government and the authority responsible for the economic and financial control above a threshold set by the Supervisory Board.
"He proceeded to purchases and spent or processed markets.
"It is authorising officer of revenue and expenditure.
«Art.R. 102-21.-the president of the Executive Board may, under its responsibility and in any material, delegate its signature to the members of the Executive Board; It may also delegate to one or more agents of the establishment in their field of competence and responsibility.
«Art.R. 102-22.-refers to the Chairman of the Board among the members of the Executive Board who is acting as his substitute in case of absence or impediment. '' It shall communicate this decision to the Chairman of the Supervisory Board and the Commissioner of the Government. The designation is made by the Commissioner of the Government in the event of vacancy of the job of Chairman of the Board.
"Art.R. 102-23.-regulatory acts of the Supervisory Board or the Executive Board are published by way of registration in a register made available to the public at the headquarters of the great seaport and whose summary is published electronically. '' The inscription is attested to by the Executive Board.
«Section 3 "Development Council «Art.R.»» 102-24.-the number of members of the Council of development mentioned in article L. 102 - 6 is fixed by the decree establishing the port. This number is at least 20 and not more than forty.
This Board is composed of four colleges: '1 ° college of the representatives of the port, which includes 30% of the members of the Council;
2 ° the college of the representatives of the personnel of the companies operating on the port, which includes 10% of the members of the Council and is composed, at least for half of representatives of the employees of the companies of port handling;
«3 ° the college of representatives of local authorities and their groupings located in the electoral district of port, which includes 30% of the members of the Council;
«4 ° college of qualified persons interested in the development of the port, which includes 30% of the members of the Council. This college is composed, at least for a quarter, representatives of associations approved for the defence of the environment and, at least for a quarter of business representatives and managers of land transport infrastructure.
"The Development Council elects its president among its members.
"The term of office of the members of the Council of development is five years.
«Art.R. 102 - 25.-I. ― the members of the first college of the Development Council are chosen from among the following categories: firms on the port, shipping company serving the port, agencies of shipping companies established on the port, activity on port drivers, companies exploiting tooling on port, port services in activity on port enterprises, and especially companies handling. transit, logging, exploitation of public customs warehouse, brokers, transport companies and rail operators.
"II. — a decree of the prefect of the region responsible for the delimitation of the fixed constituency, after the opinion of the territorially interested prefect, the list of local and regional authorities and their groupings located in the electoral district of port which have a representative in the title of the third college.
"III. — the fourth college of the Development Council members are chosen from the following qualified personalities: members of the representative bodies of the main branches of industrial, commercial and agricultural areas served by the port, public institutions involved in the electoral district of port or interested in the development or operation of the port, public institutions of development, members of associations approved for the protection of the environment. representatives of road, rail or inland waterway transport undertakings, public institutions managers of transport infrastructure, academics or researchers specializing in port or maritime, professionals of shipping such as ship captains.
«Art.R. 102 - 26.-I. ― the first college of the Development Council members are appointed by order of the prefect of the region. ''
"II. ― the members of the second quorum of the Development Council are appointed by order of the prefect of the region. For the representatives of the employees of the handling companies, the prefect of region invites each of the most representative trade union organizations designated for each port by the Minister responsible for seaports, in agreement with the Minister of labour, to propose a list of candidates containing at least three names within fifteen days. To the representatives of the employees of other companies, the prefect of region invites each of the departmental unions most representative designated by the Minister responsible for labour to propose a list of candidates containing at least three names for each port.
"III. ― the third college of Development Board members are designated, among their members, by the deliberative assemblies of local authorities or concerned groups. They may nominate an alternate.
"IV. — the fourth college of the Development Council members are appointed by order of the prefect of the region.
«Art.R. 102 - 27.-I. ― the Development Council meets at least twice a year at the call of its Chairman, possibly at the request of the Supervisory Board or of the Executive Board of the port. '' The members of the Board, the Chairman of the Supervisory Board, the prefect of the region and the maritime prefect or their representatives as well as the Government Commissioner and the authority responsible for the economic and financial control attend full sessions of the Council.
«II. ― the Development Council is to be consulted: "― on tariff policy;
"― on the strategic project referred to in article L. 103 - 1 before the deliberation of the Supervisory Board provided for in article L. 102 - 3 and its annual implementation report.
"III. ― the Development Council gives, within a period of one month, a reasoned opinion on the questions referred to it by the Executive Board or the Supervisory Board or on the subjects on which it is consulted. The period of one month runs from the referral. Where the notice is not given within the prescribed period, it is deemed favourable.
"IV. ― opinions and deliberations of the Council of development are taken by a majority of the votes cast. In case of sharing, the voice of its president is preponderant.

«V. ― the Development Council is developing its rules of procedure. It may constitute standing committees that include a representative at least of each college. Within the limits it sets, it can delegate its jurisdiction to issue notices under this article.
"VI. ― Member of the Council of development does not give place to pay. However, their travel and subsistence costs may be reimbursed in accordance with the rules applicable to officials of the State.
«VII. ― the largest sea port provides the secretariat for the Development Council.
«Section 4 "personal «Art.R.»» 102-28.-articles R. 112 - 14-R. 112 - 19 are applicable to major sea ports.
"Section 5"Government Commissioner and authority of the economic and financial control 'Art.R. 102-29.-the Minister responsible for seaports means a Commissioner of the Government with the largest sea port and may designate a Deputy Government Commissioner. In case of absence or incapacity of the Commissioner of the Government, its powers are exercised by the Deputy Government Commissioner.
"The Government Commissioner shall ensure the compatibility guidelines and decisions adopted by the authorities of the port with the interests which the State is responsible, particularly as regards national ports policy, environment and economic development. It checks the regularity of all operations of the Supervisory Board.
"The economic and financial control authority is designated by the Ministers responsible for the economy and the budget.
"The Commissioner of the Government and the authority responsible for the economic and financial control participate with voice but without vote in the meetings of the Supervisory Board of the large seaport and attend meetings of the Council of development and its standing committees.
«Chapter III "operation of the largest sea port" Section 1 "strategic project «Art.R.»»»»»» 103-1.-the strategic project processes including: "1 ° strategic positioning and policy development institution;
2 ° the economic and financial aspects, including forecast means at disposal the establishment to achieve its objectives, the incentive of employees policy and investment programs;
«3 ° in accordance with the provisions of article 8 of law No. 2008-660 of July 4, 2008, and pursuant to the provisions of article L. 103 - 2 of this code, arrangements for the operation of tools and the use of subsidiaries;
'4 ° of the policy planning and sustainable development of the port, identifying the vocation of the different port spaces, especially those with issues of protection of nature which it provides rules for management. This section of the strategic project includes graphic documents referred to in article L. 103 - 1. It treats also of the port with the communities on the territory of which it extends.
"5 ° of service from the port and policy of the largest sea port in favour of intermodality, notably the strategy of the port for rail and inland waterway transport.
«Art.R. 103-2.-strategic project is presented by the Executive Board to the Board of supervision accompanied by the opinion of the conseil de développement and for aspects that can affect habitats, in the opinion of the Scientific Council of estuary to estuaries referred to in article 16 of Act No. 2008 - 660 of July 4, 2008 on the port reform. ''
"It is transmitted to the Ministers responsible seaports, the economy and the budget, after the approval of the Supervisory Board.
"It is revised in the five years following its adoption or its previous revision"revision of the strategic project is operated in the same manner as its development.
«Art.R. 103 - 3 ' agreement referred to in the first paragraph of article L. 103 - 2 is given by the Minister responsible for seaports and the Minister responsible for the economy. ''
"The national interest activities mentioned in article L. 103 - 2 shall be notified by an order of the Minister in charge of sea ports and the Minister responsible for the economy.
«Section 2 ' financial and accounting management «Art.R.»» 103-4.-major sea ports comply, in financial management and accounting, the rules in use for domestic-related public institutions industrial and commercial with an accounting officer and are subject to articles 190 to 225 of Decree No. 62-1587 December 29, 1962, modified general public accounting regulations.
"The accounting officer is appointed by joint order Ministers seaports and the budget after the opinion of the Supervisory Board.
'Boards revenue and advances may be created under the conditions laid down by Decree No. 92-681 20 July 1992 amended relating to revenue authorities and the imprest accounts of public bodies.
"With the agreement of the Minister in charge of the budget, the president of the Executive Board may authorise the accounting officer to pay, without its prior intervention and within the limits of the approved appropriations, some out-of-pocket expenses. These expenses are paid either directly by the accounting officer, or under his responsibility, by some agents of the largest sea port designated after its approval by the president of the Executive Board. The accounting officer is required to justify expenses incurred each month. Produced justifications given, the president of the Executive Board issues a title of regularization on behalf of the accounting officer.
«Art.R. 103-5.-as part of the certification of annual accounts, the Auditors referred to in article L. 102 - 3 are appointed by the Minister responsible for the economy on a proposal from the Supervisory Board. ''
If the great seaport draws up consolidated accounts, auditors with the number two at least pursuant to article 30 of Act No. 84-148 of March 1, 1984, on the prevention and amicable settlement of difficulties of enterprises, are appointed by the Minister responsible for the economy on a proposal from the Supervisory Board.
Major sea ports Auditors exercise their mission under the conditions laid down in title II of Book VIII of the code of commerce.
«Art.R. 103-6.-the great maritime port considers as proof a result separate activities at the title of II of article L. 101 - 3.
«Art.R. 103-7.-the Executive Board established and presented for approval to the Supervisory Board of the estimates for the next fiscal year, expenses and revenues from the exploitation and capital transactions. ''
"The estimate is forwarded to Ministers responsible for maritime ports, the economy and the budget before 1 December of the year preceding the beginning of the year.
"The estimate includes two separate sections, one for expenditure and revenue, the other for capital transactions.
«Art.R. 103 - 8.-L' statement of estimates of revenue and expenditure is established by calendar year. ''
"Capital transactions may give rise to performance forecasts over several years.
«Art.R. 103-9.-If the statement of estimates of revenue and expenditure is not yet approved at the beginning of the year, the Executive Board may nevertheless engage, unless the authority responsible for the economic and financial control within the limits of the resources available for this purpose, previously authorized spending and order the corresponding payments. ".
"It can, within the limits of the estimates adopted by the Supervisory Board and credits approved for the previous year, expenditures, unless the authority responsible for the economic and financial control, the essential continuity of management.
"The recognized estimates changes in-year are arrested and approved in the same forms that State.
"During the year, monitoring of the implementation of the statement of estimates, including analysis by mail of discrepancies with the forecast, is communicated at least twice per year to the Supervisory Board.
«Art.R. 103-10.-except for contracts with the Group of economic interest referred to in article R. 153 - 1, the contracts and framework agreements on major sea ports are subject to the code of public contracts, with the exception of articles 125 and 126 for markets not giving rise to a financial contribution from the State. ''
"A regulation adopted by the fixed supervisory board including: ' a) the composition and modalities of operation of the commission of the large seaport tender;
"(b) the terms constitution and functioning of a consultative commission of carrying on business markets, for markets in the largest sea port, the missions of the State Procurement Committee;
'c) the rules of advertising and competitive tendering of contracts awarded under the appropriate procedure.
"Regulation is subject, after its adoption by the Supervisory Board, the approval of the Commissioner of the Government and the authority responsible for the economic and financial control. The approval is deemed to be acquired in the absence of opposition on their part, within a period of two months from the referral.
«Art.R. 103-11.-port rights whose perception is authorized for the benefit of the large seaport are recovered by the customs administration, in accordance with the laws and regulations in force.» Perception and procedural costs to these rights are supported by the largest sea port in the conditions laid down by the regulations.

"The proceeds of the rights is paid to the port by the customs service care. Customs services provide the information necessary for the monitoring of revenue large seaport.
«Section 3 "Federal plan «Art.R.»» 103-12.-the largest sea port acquires amicably or by expropriation useful development buildings, after consultation with the service of the areas under the conditions laid down by Decree No. 86-455 of 14 March 1986 on the abolition of the commissions of the real estate operations and architecture and laying down the procedures for consultation of the service areas.
"Art.R. 103-13.-discounts of goods at the port provided for in articles R. 101 - 7-R. 101 - 10 do not alter the legal regime of land, structures and devices with regard to their conservation police. ''
«Art.R. 103-14.-the largest sea port and the State conclude a convention which lays down rules for the application of the second paragraph of article 15 of law No. 2008-660 of July 4, 2008, port reform, in particular with regard to the calculation and payment of the amount owed to the State. ''
"The largest sea port transmits to the Minister responsible for the budget no later than June 30 of each year a statement of transfers referred to in the second paragraph of article 15 of the Act in respect of the previous year.
«Chapter IV "control «Art.R.»» 104-1.-subject to the provisions of article R. 104 - 5, the largest sea port is submitted to the economic and financial control of the State provided for in Decree No. 55-733 of May 26, 1955, relating to the economic and financial control of the State.
«Art.R. 104-2.-financial account is sent to the Court of Auditors by the Chairman of the Supervisory Board within two months following its approval by the Supervisory Board. ''
"Art.R. 104-3.-for the purposes of article R. 102 - 29, the Government Commissioner directly corresponds to the needs of the service with the Chairman of the Supervisory Board and the Chairman of the Board. ''
"It takes knowledge projects in preparation and all the documents that it deems necessary for the performance of its duties.
«Art.R. 104-4.-the Government Commissioner shall forward to the Minister responsible for seaports its observations on the annual activity report to the Supervisory Board. ''
"The authority responsible for the economic and financial control presents the Ministers responsible for the economy and the budget an annual report on the economic and financial situation of the large seaport. This report is forwarded to the Executive Board.
"The Commissioner of the Government and the authority responsible for the economic and financial control shall provide their respective reports prior to transmission to Ministers.
«Art.R. 104-5.-when financial contributions to assign, to take or expand decided upon pursuant to III of article L. 101 - 3 are above a threshold set by joint order of the Ministers responsible for maritime ports, the economy and the budget, the approval is made jointly by the Ministers.» This approval is deemed to be acquired in the absence of opposition from one of them notified within a period of two months from the later date of receipt of the request by the latter.
«Chapter V "planning" Section 1 "terminals «Art.R.»»»»»» 105-1.-subject to exploitation in governance as provided in article L. 103 - 2, the port terminals are operated by operators, with whom the great seaport from terminal conventions, under the conditions laid down in article R. 105-2.
«Art.R. 105-2.-without prejudice to the provisions of articles 7, 8 and 9 of law No. 2008-660 of 4 July 2008 on the port reform, the terminal agreements are concluded on the basis of an open, transparent and non-discriminatory procedure. ''
"These conventions which are worth permission to occupy the public domain are passed with the successful operators. They relate to exploitation and, where appropriate, the implementation of a terminal comprising tools and the necessary facilities to landing, boarding, handling and storage operations linked to ships. They may also include the docks or wharves for this terminal. They may provide targets for development of traffic and sanctions, ranging up to termination without compensation of the convention, in cases where these objectives would not be achieved. Monitoring indicators to define if the targets are met.
«Art.R. 105 - 3 ' assignment of terminal conventions must not have the effect of altering the conditions of competition.» It is analysed on the basis of the relevant market for each type of traffic.
«Art.R. 105-4.-an order of Ministers in charge of sea ports and the economy says the points to be included in the convention's terminal. ''
«Art.R. 105-5.-when, within the framework set by article L. 103 - 2, the large seaport operates in-house tools, the project fixing or modification of tariffs and the conditions of use of the tools managed by the great seaport is a display object for a fortnight in the places of the port mainly frequented by users, or of information broadcast by electronic and accessible to users of the port. '' It is transmitted to the Development Council.
"The rates shall be set by the Executive Board.


Article 2 more on this article...

I. ― Title V of book I of the regulatory part of the seaports code is supplemented by a chapter IV entitled "Follow-up of maritime traffic" and having two articles thus written: «art.» R. 154-1. -The port authority establishes and passes to the prefect of the Department statistical returns in the carriage of goods and passengers by sea. Statistical features the Escale and the ship, boat or floating equipment, excluding buildings belonging to the armed forces, French or foreign, or used by them, passengers and landed, embedded or transhipped goods information, broken down by nature, origin or destination, mode of packaging and handling. The statistical data must be transmitted electronically.
"An order of the Minister responsible for seaports fixed the list of ports concerned, stipulates the information to identify, statistical models to use, the terms of establishment and provision of such information.
«Art.» R. 154-2. -The port authority updates at any time at the disposal of the prefect of the Department relating to the movements of ships and cargoes of dangerous or polluting goods and retains this information for a sufficient period to allow their use in the event of incident or accident of sea.
"An order of the Minister responsible for seaports establishes a list of the affected ports, specifies the information to be made available and arrangements for the submission of such information.
II. — title I of Book VI of the seaports code is supplemented by a chapter V entitled "Follow-up of maritime traffic" and featuring an article which reads as follows: «art.» R. 615-1. -The provisions of articles R. 154 - 1 and R. 154 - 2 shall apply to the ports covered by local authorities and their groupings. ' Article 3 more on this article...

I. ― Title V of book I of the regulatory part of the seaports code is supplemented by a chapter V entitled "Security of maritime Harbour structures", including the following articles: "Art.R. 155-1.-the categories of port infrastructure to which apply the provisions of article L. 155 - 1 seaports code are: "― works hydraulic crossing with the maximum difference in level greater than 6 meters or the width of the sas is greater than 25 metres;
"― movable bridges with useful roadway length greater than 60 metres;
"― port gateways allowing access of heavy ships and with devices for adjusting levels, be it cable, Jacks or floating pontoons.
"The infrastructure works include all elements contributing to their operation, including the mobile mechanical equipment and technical installations and security such as signage, electrical supply, operating aid systems, command, control and communication.
"Art.R. 155-2.-for the purposes of article L. 155 - 1 an amendment of an existing work shall be regarded as substantial when: ' a) as it follows a closure ordered by the State;
"or (b) its projected cost is greater than or equal to 50% of the estimated cost of completion of the initial work, updated to the date of the proposed amendment.
«Art.R. 155-3.-the prefect of the Department on whose territory the largest part of the new work is located or to which a substantial change is made is competent to approve the preliminary dossier referred to in article L. 155 - 1 and allow commissioning.»
"For the service works, the prefect of the Department on whose territory is situated the largest part of the work concerned may prescribe as required the establishment of a diagnosis, restrictive operating measures or order the closure. ''
«Before the departmental consultative commission of security and accessibility for give notice prior to the issuance of the authorisation for placing in service of a work subject to the provisions of article R. 155 - 1.»

"The time between the periodic reviews provided for in the operational requirements is at least five years.
«Art.R. 155-4.-the contracting authority of a port infrastructure work referred to in article R. 155 - 1 can make the safety report by an expert or organization who participated in the design of the project. ''
«Art.R. 155-5.-the preliminary dossier referred to in article L. 155 - 1 and accompanying safety report are addressed to the representative of the State designated in article R. 155 - 3»
"The contents of this folder is specified as necessary by order of the Minister responsible for seaports.
"Art.R. 155-6.-the owner of a project referred to in article R. 155 - 1 address to the representative of the State designated in article R. 155 - 3, at least four months before the date envisaged for the implementation of the work, an application for authorisation for placing in service to which was annexed a draft operational requirements. '' The representative of the State has four months from receipt of the request to grant the requested authorisation or make known the reasons opposed to its issuance. If it requests additional information, this period is interrupted and starts to run for four months from the production of the requested items. "II. — title I of Book VI of the regulatory part of the seaports code is supplemented by a chapter VI entitled: 'Security of port maritime structures' and containing the following articles:"Art.R. 616-1.-the categories of port infrastructure to which apply the provisions of article L. 155 - 1 seaports code are: "― the works of hydraulic crossing with the maximum difference in level greater than 6 meters or more than 25 metres width of the sas;
"― movable bridges with useful roadway length greater than 60 metres;
"― port gateways allowing access of heavy ships and with devices for adjusting levels, be it cable, Jacks or floating pontoons.
"The infrastructure works include all elements contributing to their operation, including the mobile mechanical equipment and technical installations and security such as signage, electrical supply, operating aid systems, command, control and communication.
«Art.R. 616-2.-the provisions of articles R. 155 - 2 at R. 155 - 6 of the seaports code are applicable to the works mentioned in article R. 616-1.»


Article 4 more on this article...

I. ― after article R. 211 - 2 of the code des ports maritimes, is inserted the following article: 'Art.R. 211 2-1. - the royalty rates referred to in article R. 211 - 1 are fixed in the major seaports by the Executive Board.
"The diligence of the Executive Board, projects concerning these rates are subject to a statement include, on the one hand, a display for a fortnight in port places mainly frequented by users and, secondly, the consultation of the service customs, Maritime Affairs and the first college of the Development Council service. These formalities may be completed simultaneously and, where appropriate, using the technologies of telecommunications, computer or electronic.
«Consulted services and commissions forward their opinion within a period of one month from the day where they were invited. '' After this time, their opinion is deemed favourable.
"In an emergency, when the royalty rates are not suitable for the conditions of a new traffic, the Executive Board of the great maritime port may decide new rates that are approved without instructions and subject to the provisions of articles R. 211 - 6 to R. 211-8. ''
II. — after article R. 211 - 5 of the code des ports maritimes, is inserted the following article: 'Art.R. 211 5-1.-in major sea ports, eight days at the latest after expiration of the time limit of one month provided for in article R. 211-2-1, the president of the Executive Board shall draw up minutes of instruction and consultation.
"It conveys the Commissioner to the Government proposals of the Executive Board, accompanied by the record."
III. ― article R. 211 - 10 of the seaports code reads as follows: "Art.R. 211-10.-fees referred to in article R. 211 - 1 shall be paid to the following organizations: ' a) in autonomous ports, the port authority;
'(b) in major sea ports, the largest sea port;
"(c) in the ports of national interest, the dealer or, in the absence of dealer, the State;
"(d) in other ports, the public person responsible for the port or, if the concession contract so provides, the dealer. ''
IV. ― article R. 212 - 4 of the seaports code reads as follows: "Art.R. 212-4.-tariff may authorize its predominant use at the entrance or exit of the port, the classification of a vessel when it is different from that resulting from its development or the purpose for which it was designed.
"An order of the Minister in charge of sea ports and the Minister responsible for customs specifies the modalities for the determination of the predominant use of a ship."
V. ― the second subparagraph of article R. 212 - 6 of the seaports code reads as follows: "However, where a ship not landed or transships passengers or goods, the charge on the ship not is wound up only once to exit. When a vessel embarks passengers or goods, the ship dues is paid only once at the entrance. When a vessel performs only operations of bunkering victualling or unloading of waste holding or cargo residues or performs any other commercial operation, the ship dues not is wound up only once to exit. ' Article 5 more on this article...

I. ― article R. 521 - 1 of the seaports code reads as follows: "Art.R. 521-1.-the amount of the guarantee is fixed by order of the Minister in charge of sea ports and the Minister responsible for labour. "II. ― to 1 ° of article R. 521 - 3 of this code, the words: 'a Director designated by the Minister responsible for the budget' shall be replaced by the words:"a Director appointed by the Minister responsible for seaports.
III. — the first sentence of article R. 521 - 5 of the code, the words: "by the Minister responsible for seaports, the Minister responsible for labour and the Minister in charge of the budget' shall be replaced by the words: 'by the Minister responsible for seaports and the Minister responsible for labour.


Article 6 read more on this article...

It is created a national evaluation board, which has the mission to ensure the respect of the rules for the sale of tooling public and transfer of real rights attached to them.
The national evaluation commission is composed of four members. President of the commission is appointed from among judges of the Court of Auditors on a proposal from the first president of the Court of Auditors.
It includes a member representing local and regional authorities on which are located the major sea ports as well as a qualified personality chosen due to his skills in the port field.
The members, including the president, are appointed for five years by Decree.
In the event of a vacancy for any reason whatsoever, a replacement will be appointed for the remainder of the term of his predecessor.
The members of the Committee are bound to professional secrecy.
Member of the national commission of evaluation functions are incompatible during their lifetime and for a period of five years following their separation with any mandate of Member of the Board of Directors, the Executive Board or the Supervisory Board of a stevedore company that is a recipient of public port tools, as well as with activity rewarded by such undertakings.
They are also inconsistent during their term and for a period of five years following their separation with any mandate of Member of the Supervisory Board or of the Executive Board of a major maritime port.


Article 7 read more on this article...

The national evaluation commission is entered by the president of the Executive Board of the largest sea port before any transaction of tooling.
The Chairman of the Board address a dossier for the procedure used, transferred property and the proposed conditions of operation of the terminal. This folder includes the project assignment.
The commission has one month to rule from his referral by the president of the Executive Board. Absence of reply at the end of this period, his opinion is deemed favourable. This period may be extended by one month by reasoned decision of the commission. With the agreement of the largest sea port, it may be extended for a longer term. The period of investigation of the case by the commission is counted the period mentioned in I (1 °) of article 7 of law No. 2008-660 of July 4, 2008, port reform.
The opinion of the Committee especially takes into account the economic balance and perspectives of development of the activity.
The commission may apply to the largest sea port any additional component required for his work. It may, at the expense of the large seaport, to call an expert to assess the value of the goods.
The opinion of the Committee are taken by a majority. In the event of equality of votes, the vote of the president is dominating.
The opinion of the commission is public.
The deed of cession is taken within a period of six months following the a screws of the commission.


Article 8 more on this article...


The list of goods of the State handed over full ownership to autonomous ports in accordance with the provisions of article 15 of the above-mentioned law of July 4, 2008 is established according to the procedure laid down in article R. 101 - 10 of the code des ports maritimes.
The provisions of article R. 103 - 14 of the seaports code are applicable to autonomous ports.


Article 9 read more on this article...

When a large seaport is substituted for a port, the permissions or agreements under the II or III of article R. 115 - 7 of the code of the sea ports by the port authority shall remain in force and are worth convention under article R. 105 terminal - 1 of the code.


Article 10 more on this article...

Until the approval of the regulation referred to in article R. 103 - 10, the commission to tender of the port authority for which is substituted a great seaport remains competent for contracts awarded by it.


Article 11 read more on this article...

When a large seaport is substituted for a port, it executes the statement of estimates of revenue and expenditure of the port authority on the year of the substitution and amending decisions possible.
The statement of estimates of revenue and expenditure can be amended by amending decision approved by the Supervisory Board of the large seaport.
The financial account tracing operations conducted by the autonomous port and the largest sea port between January 1 and December 31 of the year of substitution is prepared by the accounting officer on the date of closing of the fiscal year, and approved by the Supervisory Board of the large seaport.
The accounting officer of the port authority exercises the functions of accounting officer from the large seaport until the appointment of the new accounting officer according to the procedure laid down in article R. 103 - 4 of the code des ports maritimes.


Article 12 read more on this article...

The provisions of III of article 4 come into force on January 1, 2010. However, in the major seaports, royalties are paid to them as from the entry into force of the decree establishing them.


Article 13 read more on this article...

The Minister of State, Minister of ecology, energy, sustainable development and planning, the Minister of the Interior, of the overseas and territorial communities, the Minister of economy, industry and employment, the Minister of budget, public accounts and public service and the Secretary of State in charge of transport are responsible, each in relation to , of the execution of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, on October 9, 2008.
François Fillon Prime Minister: the Minister of State, Minister of ecology, energy, sustainable development and the development of the territory, Jean-Louis Borloo Minister of the Interior, of the overseas and territorial collectivities, Michèle Alliot-Marie of the economy, industry and employment Minister Christine Lagarde Minister of budget, public accounts and public service, Eric Woerth Secretary of State in charge of transport Dominique Bussereau