Key Benefits:
The National Assembly and the Senate adopted,
The Constitutional Council has declared it in conformity with the Constitution;
The President of the Republic enacts the following legislation:
I. ― Article 21 I of Organic Law No. 99-209 of 19 March 1999 on New Caledonia is amended as follows:
1° At 3°, the words: ", within the meaning of Order No. 59-147 of 7 January 1959, carrying general organisation of defence" are replaced by the word "national";
2° The 9th is thus written:
« 9° Public contracts of the State and its public institutions; »
3° Are added the 13° to 15° as follows:
« 13° General population census;
"14° Police and security of the external air traffic and the maritime traffic, subject to the III of this article;
« 15° Combating illicit traffic and money-laundering, combating the financing of terrorism. »
II. - The 1° of the III of Article 21 of the same organic law is replaced by a 1° and 1° bis as follows:
« 1° Police and security of domestic air traffic and operators established in New Caledonia whose main activity is not international air transport;
"1° bis Police and safety of the marine traffic between all points of New Caledonia; safeguarding life at sea in territorial waters; "
Section 22 of the same organic law is amended as follows:
1° At 1°, the words "creation and assignment" are replaced by the words "creation or assignment", and the words "provincial or communal" are replaced by the words "for the benefit of provinces, communes, public institutions of intercommunal cooperation";
2° The 17th is thus written:
« 17° Rules relating to public order, in accordance with the principles of freedom of access, equal treatment of candidates, transparency of procedures, effectiveness of public order and good use of public money; »
3° At 19°, after the word: "measures ;", is inserted the word "consumption", and after the word: "frauds", are added the words: ", right of economic concentration".
4° The 20th is supplemented by the words: ", subject to the jurisdiction of the provinces in terms of commercial urban planning";
5° At 21°, after the word "urbanism ;" are inserted the words: "construction standards ; »
6° At 26°, after the word "electrical", are inserted the words: "regulation of the distribution of electric energy",
7° It is added a 33° as follows:
"33° Pressure apparatus. »
The second paragraph of section 26 of the same organic law is replaced by four subparagraphs as follows:
"The transferred skills and timing of transfers are the subject of a law of the country adopted by a majority of the three-fifths of Congress members.
"The law of the country relating to the transfer of competences referred to in 1°, 1° bis, 2° and 3° of Article 21 is adopted by the last day of the sixth month following the beginning of the congress term beginning in 2009.
"The law of the country relating to the transfer of competences referred to in 4° and 5° of the same III is adopted by the last day of the second year following the commencement of the Congress term beginning in 2009.
"Under the conditions established by a convention, concluded within six months of the promulgation of Organic Law No. 2009-969 of 3 August 2009 on the institutional evolution of New Caledonia and the Departmentalization of Mayotte, between the President of the Government and the High Commissioner, the State shall provide New Caledonia with a technical competition and assistance in the exercise of the previous paragraph for the training. »
Section 38 of the same organic law is supplemented by an IV as follows:
"IV. ― New Caledonia is consulted for advice by the High Commissioner, pursuant to 2° of Article 133, on the programs of secondary education, after the effective transfer of this jurisdiction. »
Article 47 I of the same organic law is amended as follows:
1° After the 2°, it is inserted a 3° as follows:
« 3° Regulation respecting the placement of job seekers. » ;
2° It is added a paragraph to read:
"The congress may also delegate to the authorities of the province, at their request, the exercise of New Caledonia's maritime transport skills. »
Section 5 of Chapter I of Title II of the same organic law is supplemented by section 54-1, as follows:
"Art. 54-1. - New Caledonia and the provinces are involved in the financing of the public fire and rescue facility. The State also participates in it until 2014 in the form of investment subsidies. The organizational and operating conditions of the facility provide for representation of these communities in relation to their participation. »
Section 55 of the same organic law is amended as follows:
1° In the second sentence of the second paragraph, the words: "The amount of this compensation shall be determined by reference to that of the annual expenditures made by the State, at the date of the transfer, under these powers; it evolves » are replaced by three phrases thus written and the words:
"The resources allocated under this compensation are equivalent to the expenditure on the date of the transfer by the State to the exercise of the transferred powers, reduced by the increase in resources resulting from transfers, subject to sections 49, 49-1 and 181. The right to compensation for investment expenses transferred by this organic law is equal to the average of the current, non-tax and competitive funds expenditures, which were recorded over a ten-year period prior to the transfer of competencies. The right to compensation for operating expenses transferred by this Organic Law is equal to the average of the current expenditures recorded over a three-year period prior to the transfer of competence. The compensation rights provided for in this paragraph are evolving";
2° After the word: "as", the end of the second sentence of the second paragraph is thus written: "the sum of the forecast rate of evolution of the annual average of the consumer price index (excluding tobacco) of the year of payment and half of the rate of evolution of the gross domestic product in volume of the current year, subject to the positive one. » ;
3° The second paragraph is supplemented by a sentence as follows:
"The means of updating the expenses of the State referred to in this paragraph shall be determined by decree. » ;
4° After the second paragraph, two sub-items are inserted:
"The transfer of personnel opens the right to compensation. The portions of employment that cannot be transferred after determination of an entire number of full-time jobs that may be transferred also result in financial compensation.
"A new charge to New Caledonia as a result of the State's amendment of the rules relating to the exercise of the transferred powers shall be compensated under the conditions laid down in this article. » ;
5° After the third preambular paragraph, a sub-item reads as follows:
"If, on the occasion of the transfer of each jurisdiction carried out under this Organic Law, the transfer of the corresponding personnel leads to a lower number than that found on December 31 of the last year before that of the transfer of services or parts of services provided for in the first paragraph of section 56, a financial compensation corresponding to that deviation shall be awarded after the notice of the commission referred to in section 55. » ;
6° The last paragraph is as follows:
"It is created in New Caledonia an advisory commission for the evaluation of charges composed by representatives of the State and each category of community concerned. Presided over by an elected representative of the communities, she is consulted on how to compensate charges for the competencies transferred to New Caledonia and the provinces. »
After section 55 of the same organic law, an article 55-1 is inserted as follows:
"Art. 55-1.-By derogation from section 55, and with respect to the compensation of expenses for the exercise of new competencies that New Caledonia may exercise in respect of public education in the second cycle of the second degree, the right to compensation for investment expenses transferred by this organic law is equal to the average of the current, non-tax and competitive funds expenditures, which were recorded in the period between 1998 and 2007. The right to compensation provided for in this paragraph changes annually in the same proportion as the four-quarter average change in the New Caledonia Construction Cost Index.
"Without prejudice to the right to compensation for the investment expenses mentioned in the preceding paragraph, the State shall, until their completion, ensure the financing of the operations for the realization of the general, technical and professional high schools of Mont-Dore and Pouembout which it has undertaken before the transfer is effective.
"From the effective transfer of competence in the construction of high schools, the president of the government transmits to the high commissioner, during the general provision period provided for in section 59-1, the forecasting programme of investment for high school students arrested by the congress. On the basis of this forecasting programme, the High Commissioner stops the list of establishments that 1 state undertakes to fill necessary positions.
"At the end of the provision provided for in the second paragraph of section 59-1, if the transfer of technicians, workers and service personnel leads to the fact that their number is less than the average, calculated under conditions fixed by decree, of the reference number in all metropolitan departments and regions before the transfer provided for in section 82 of Act No. 2004-809 of 13 August 2004 relating to local freedoms and responsibilities, a compensation awarded to the local freedoms and responsibilities,
"On the occasion of the transfer of the jurisdiction referred to in the first paragraph, if, at the end of the provision provided for in the second paragraph of section 59-1, the transfer of the corresponding personnel leads to the fact that their number is less than that found on December 31 of the penultimate year preceding that term, a financial compensation corresponding to that deviation is awarded after the notice of the commission referred to in section 55.
"The means of updating the expenses of the State referred to in this article shall be determined by decree. »
Article 56 of the same organic law is supplemented by two sub-items as follows:
"Waiting the signing of this agreement, the president of the government or, if any, the president of the provincial assembly shall, from the date of the transfer of jurisdiction, give his instructions to the heads of the State departments responsible for the transferred powers.
"By derogation from the first paragraph, the State and New Caledonia may provide that the services or parts of the State departments responsible for the powers referred to in the III of Article 21 shall be made available to New Caledonia as necessary as of the coming into force of the transfer of these powers. This choice and the modalities of its implementation are the subject of a convention between the High Commissioner and the President of the Government of New Caledonia. »
After section 56 of the same organic law, two articles 56-1 and 56-2 are inserted as follows:
"Art. 56-1.-The State and New Caledonia may decide to exercise their respective competencies within the same service. The modalities for the implementation of this decision are the subject of a convention between the High Commissioner and the President of the Government of New Caledonia.
"Art. 56-2.-To facilitate the exercise by New Caledonia of the police and security competence of the domestic air traffic, the State may delegate to it the exercise of the competence it holds under 14° of I of Article 21.
"The modalities for the implementation of this delegation are set by a convention between the High Commissioner and the President of the Government of New Caledonia which, in particular, specifies the scope, limits of the delegation granted and the modalities of State control. »
Section 59 of the same organic law is supplemented by an IV as follows:
"IV. ― The Government shall submit to the Advisory Committee for the Assessment of Expenses under Article 55, within six months from the end of the provision of the personnel provided for in this Article and in the second paragraph of Article 59-1, an assessment of the evolution, between the adoption of the laws of the country provided for in Article 26 and the termination of that provision, of the employment of the State covered by the transfers of powers provided for in Article III of Article 21. »
After section 59 of the same organic law, two articles 59-1 and 59-2 are inserted as follows:
"Art. 59-1.-The situation of personnel who participate in the exercise of the powers referred to in the 2nd and 3rd of Article 21 is governed by this section.
"From the date of entry into force of the transfer of powers provided for in 2° and 3° of Article 21, and by derogation from Articles 56, 56-1, 56-2 and 59, staff paid on the State budget for the exercise of these powers are made available to New Caledonia. By derogation from the statutory rules of the staff concerned, this provision is comprehensive and free of charge. These personnel remain governed by the legal and regulatory provisions applicable to them. During this period, the remuneration of all staff available to New Caledonia is the responsibility of the State.
"In a period of five years after the adoption of the law of the country provided for in section 26, a convention between the High Commissioner and the President of the Government of New Caledonia shall set out the terms and conditions for the provision provided for in the preceding paragraph. In the absence of a convention concluded within the aforementioned deadline, a decree in the Council of State sets out these terms. A decree in the Council of State [Dispositions declared not in conformity with the Constitution by the decision of the Constitutional Council No. 2009-587 DC of 30 July 2009] sets out the term of this provision and the terms of the transfer of such personnel, after the advice of the Advisory Committee on the Assessment of Expenses provided for in Article 55.
"At the end of the provision in the second paragraph of this article, officials of the State who participate in the exercise of the transferred powers shall, if they are not subject to a limitation of the length of the stay, have an option right. In addition to the options provided for in Article 59, these officials may apply to be made available to New Caledonia on an individual basis, under the conditions provided for in Article 41 of Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State.
"Non-State officials who participate in the exercise of the transferred powers may, at the end of the provision provided for in the second paragraph of this article, choose between the status of contracting agent of the State made available to New Caledonia individually or the status of contracting agent of New Caledonia.
"Personals who have not made use of their right of option at the end of the provision provided for in the second paragraph of this section are deemed to have sought an individual disposition.
"In order to fill the vacant jobs of the personnel who participate in the exercise of the skills set out in the 2nd of the III of Article 21, New Caledonia may request that in the course of the recruitment examinations organized by the State of the positions of the public service of New Caledonia, the number of which is determined by the government of New Caledonia, be reserved to candidates who meet the criteria of access to New Caledonia. The eligibility and admission requirements of candidates for these positions are the same as for other candidates. Candidates admitted to the New Caledonia position competition have the status of an interns member of the community.
"Art. 59-2.-Where the right of option provided for in sections 59 and 59-1 is exercised before August 31 of a year, the integration or detachment of the agent and the right to compensation resulting from it may only take effect as of January 1 of the following year.
"When the same right of option is exercised between September 1 and December 31 of a year, the agent's integration or detachment and the resulting right of compensation may only take effect as of January 1 of the second year following the exercise of that right. »
After the V of section 181 of the same organic law, a V bis is inserted as follows:
"V bis. ― Effective from the transfer to New Caledonia of the jurisdiction referred to in 2° of III of Article 21, the President of the Provincial Assembly shall transmit to the High Commissioner and the President of the Government of New Caledonia the planned investment programme for the colleges arrested by the Assembly. On the basis of this forecasting programme, the High Commissioner stops the list of establishments that the State undertakes to fill necessary positions.
"At the end of the overall provision provided for in section 59-1, the president of the provincial assembly shall transmit to the president of the government of New Caledonia the planned program of investment for colleges decided by the assembly. »
After section 202 of the same organic law, an article 202-1 is inserted as follows:
"Art. 202-1. - After the transfer of powers provided for in Article 21 III and Article 27, the State and New Caledonia may enter into agreements to specify, in accordance with the division of powers resulting from this organic law, the conditions under which they exercise their respective powers. »
After section 200 of the same organic law, an article 200-1 is inserted as follows:
"Art. 200-1.-Beginning with the transfer of civil security jurisdiction, the High Commissioner may take, in any event that the authorities of New Caledonia did not have the necessary measures to ensure civil security.
"This power can only be exercised by the High Commissioner after a stay addressed to the authorities of New Caledonia who have remained unsuccessful. »
Article 203 of the same organic law is as follows:
"Art. 203.-At the request of the congress or provincial assemblies, independent administrative authorities and national public institutions shall assist in the exercise by New Caledonia or the provinces of their competence.
"The terms of this competition are set by agreements between the State, its institutions or those authorities and New Caledonia or the provinces. These conventions are transmitted for information to the High Commissioner. »
Title VI of the same organic law is supplemented by an article 203-1 as follows:
"Art. 203-1. - A convention between the State and New Caledonia sets out the modalities of the competition of the central administrations of the State to New Caledonia for the elaboration of the rules of which it has the responsibility for the transfer of competence provided for in articles 21 and 27. »
After Article 6-1 of Organic Law No. 99-209 of 19 March 1999 on New Caledonia, an article 6-2 is inserted as follows:
"Art. 6-2.-In matters that fall within the jurisdiction of the State, the legislative and regulatory provisions in New Caledonia are applicable to this purpose.
"By derogation from the first paragraph, the legislative and regulatory provisions relating to New Caledonia shall apply in full law, without prejudice to the provisions adapting them to its particular organization:
« 1° To the composition, organization, operation and powers of the constitutional public authorities of the Republic, the Council of State, the Court of Cassation, the Court of Accounts, the Tribunal of Conflicts and any sovereign national jurisdiction, as well as the Ombudsman of the Republic, the Ombudsman of Children, the High Authority for the Fight against Discrimination and for Equality, the National Commission of Computer Science and Freedoms and the Controller
« 2° National defence;
« 3° In the public domain of the State;
« 4° A nationality, state and capacity of persons;
« 5° To the statutes of public officials of the State;
« 6° To the administrative litigation;
« 7° To the rights of citizens in their relations with State administrations and public institutions or with those of the municipalities and their public institutions;
« 8° In the fight against illicit traffic and money laundering, the fight against the financing of terrorism, the powers of research and recognition of offences and litigation in customs matters, the regime of foreign investment in an activity that participates in the exercise of public authority or activities that affect public order, public safety, the interests of national defence or activities of research, production or explosive ordnance
"Also applies in New Caledonia any other legislative or regulatory provision that, because of its purpose, is necessarily intended to govern the entire territory of the Republic. »
Article 90 of the same organic law reads as follows:
"Art. 90.-The congress is consulted by the High Commissioner:
« 1° On Bills and Bills and Draft Orders that introduce, amend or delete provisions specific to New Caledonia;
« 2° On the draft orders taken on the basis of Article 74-1 of the Constitution, when they relate to New Caledonia.
"These consultations must take place, at the latest, prior to the adoption of the bill or the proposed legislation at first reading by the first meeting before it is passed. However, notices on bills that, from the very beginning, contain provisions relating to the particular organization of New Caledonia must be made implicitly or expressly before the advice of the State Council.
"The congress is consulted on the creations and suppressions of municipalities of New Caledonia. It is also consulted, in the event of a disagreement between the government or the municipal councils concerned, on the modification of the territorial boundaries of the municipalities and associated municipalities and the transfer of their capital.
"The Congress is consulted on the evolution of the rules, established by the Government regarding the duration of the assignment of state officials in certain overseas territorial authorities, which are applied in New Caledonia to determine whether the centre of the material and moral interests of these officials is located there.
"The congress has a month to render its opinion. This deadline is reduced to fifteen days, in the event of an emergency, at the request of the High Commissioner. The period expired, the notice is deemed to have been given.
“In addition to the sessions, the Standing Committee shall, within the time limits mentioned in the previous paragraph, issue the notices provided for in this article. However, opinions on drafts or proposals for organic legislation cannot be issued by the standing committee.
"The Congress may also be consulted by the President of the National Assembly or the Speaker of the Senate on the bills referred to in this section. The High Commissioner is informed of this consultation. The congress has a month to render its opinion. This period is reduced to fifteen days, in the event of an emergency [Constitutional provisions declared non-conforming by Constitutional Council Decision No. 2009-587 DC of 30 July 2009.]. The period expired, the notice is deemed to have been given.
"Not later than the day after the adoption of a notice by the Congress under this article, the groups established within it may give its president an opinion on the draft text on which this notice is being issued. The opinions are annexed to the opinion of the Congress.
"The notices issued under this article are published in the Official Journal of New Caledonia. »
Section 53 of the same organic law is amended as follows:
1° In II, the words "and the provinces" are replaced by the words ", the provinces and their public institutions";
2° It is added a III as follows:
"III. ― The provinces can, within their competence and in accordance with the principle of freedom of trade and industry, create mixed economic societies that associate them with one or more private individuals and, eventually, other public people for the implementation of operations that contribute to economic development. »
Section 54 of the same organic law is amended as follows:
1° In the first paragraph, the words: ", unions of communes" are replaced by the words: ", public institutions of intercommunal cooperation,"
2° In the second paragraph, the words "community union" are replaced by the words "public institution for intercommunal cooperation".
After section 54 of the same organic law, an article 54-2 is inserted as follows:
"Art. 54-2.- Public interest groups with corporate personality and financial autonomy may be established between New Caledonia, the provinces and one or more legal persons of public or private law to carry out activities within the jurisdiction of New Caledonia or the provinces for a specified period of time, or to manage equipment of common interest necessary for such activities.
"They are instituted by concordant deliberations of the assemblies and legislative bodies of the legal entities concerned, which approve the conventions constitutive. »
I. ― Article 92 of the same organic law is as follows:
"Art. 92.-Articles L. 1411-1 in L. 1411-3 of the General Code of Territorial Communities are applicable to the public service delegations of New Caledonia, its public institutions and joint unions in which it participates.
"The legislative assemblies of these legal entities of public law shall take a decision on the principle of any delegation of public service. They decide in the light of a report to which a document is annexed presenting the characteristics of the benefits to be provided by the delegate.
"They are seized, after an advertising and tendering procedure under the conditions set out in the third and fourth paragraphs of Article L. 1411-1 of the same code, and the advice of a commission elected within them to the proportional representation to the strongest remains, of the choice proposed by the authority authorized to sign the agreement among the companies that have submitted an offer.
"They decide at least two months after the commission's referral. The documents on which they pronounce are transmitted to them at least fifteen days before their deliberation.
"This section does not apply to public service delegations where this service is entrusted to a public legal entity or wholly owned by public persons, and provided that it carries out most of its activity with the delegated authority and that the delegated activity is expressly included in its statutes or in its social purpose. »
II.-Section 158 of the same organic law is as follows:
"Art. 158.-Articles L. 1411-1 to L. 1411-3 of the General Code of Territorial Communities are applicable to the public service delegations of the provinces, their public institutions and the joint unions in which they participate.
"The legislative assemblies of these legal entities of public law shall take a decision on the principle of any delegation of public service. They decide in the light of a report to which a document is annexed presenting the characteristics of the benefits to be provided by the delegate.
"They are seized, after an advertising and tendering procedure under the conditions set out in the third and fourth paragraphs of Article L. 1411-1 of the same code, and the advice of a commission elected within them to the proportional representation to the strongest remains, of the choice proposed by the authority authorized to sign the agreement among the companies that have submitted an offer.
"They decide at least two months after the commission's referral. The documents on which they pronounce are transmitted to them at least fifteen days before their deliberation.
"This section does not apply to public service delegations where this service is entrusted to a public legal entity or wholly owned by public persons, and provided that it carries out most of its activity with the delegated authority and that the delegated activity is expressly included in its statutes or in its social purpose. »
Article 212 of the same organic law is as follows:
"Art. 212.-The province can help businesses implement, develop or re-open their activities on its territory through grants, loans, advances or interest bonuses.
“A summary of the financial assistance granted under this article shall be annexed to the administrative account. »
Section 84 of the Act is replaced by four sections 84 to 84-3 as follows:
"Art. 84.-The Congress votes the budget and approves the accounts of New Caledonia. The New Caledonia budget provides and authorizes the revenues and expenses of New Caledonia for the period from 1 January to 31 December of each year.
"It includes a operating section and an investment section.
"The budget of New Caledonia is voted in real balance.
"The budget is in real balance when the operating section and the investment section are voted in equilibrium, the revenues and expenses having been assessed in a sincere manner, and when the debit on revenues from the operating section for the benefit of the investment section, added to the revenues of that section, excluding, on the one hand, the proceeds of the borrowings, on the other, specific subsidies of equipment, and possibly to the endowments
"These are only the expenses necessary for the payment of payable debts and the expenses for which the law has expressly decided.
"The transactions are detailed by nature and function in accordance with the accounting framework established on the basis of the principles of the General Accountant Plan.
"The first budget deliberation may be the subject of one or more amendments. These measures shall be taken in accordance with the procedure for the vote of the budget in the same form.
"No increase in expenses or decrease in revenues can be adopted if it does not find its counterpart in the planned revenues or if it is not accompanied by a proposal of economy or new resources of the same importance.
"Art. 84-1.-The government tabled the New Caledonia budget proposal on the conference office by 15 November. The budget proposal is communicated to Congress members with the corresponding reports twelve days at least before the opening of the first meeting devoted to its consideration.
"If the budget is not enforceable before January 1 of the fiscal year to which it applies, the President of the Government may collect the revenues and incur, liquidate and mandate by twelfth the expenditures of the operating section within the limits of those budgeted for the previous year. It is entitled to mandate the capital reimbursement costs of debt annuities due before the budget vote.
"If the congress did not vote the budget before March 31 and subject to the provisions of section 208-2, the High Commissioner, after the advice of the Territorial Chamber of Accounts and Government, shall establish on the basis of the revenues of the previous year a budget for the current year. If he departs from at least one of these opinions, he sets out his decision with explicit motivation.
"Art. 84-2.-In a four-month period prior to the consideration of the original budget, a debate is held at the conference on the fiscal orientations of the fiscal year and on the planned multi-year commitments.
"Art. 84-3.-The Congress defines, by a separate deliberation of the vote of the budget, the conditions and criteria for the allocation of financial aids and the granting of loan guarantees to legal persons.
"However, for financial aids that do not have conditions, the congress may decide:
« 1° Individualize credits by recipient in the budget;
« 2° To establish, in a statement annexed to the budget, a list of beneficiaries with, for each of them, the object and amount of financial assistance.
"The individualization of credits or the establishment of the list in accordance with 2° is a decision to allocate the aforementioned financial aids. The Congress may delegate to its Standing Committee, pursuant to section 80, the exercise of its powers under this section. »
Section 183 of the same organic law is replaced by four articles 183 to 183-3 as follows:
"Art. 183.-The provincial assembly shall vote the budget and approve the accounts of the province. The provincial budget provides and authorizes the province's revenues and expenditures for the period from January 1 to December 31 of each year.
"It includes a operating section and an investment section.
"The province's budget is voted in real balance.
"The budget is in real balance when the operating section and the investment section are voted in equilibrium, the revenues and expenses having been assessed in a sincere manner, and when the debit on revenues from the operating section for the benefit of the investment section, added to the revenues of that section, excluding, on the one hand, the proceeds of the borrowings, on the other, specific subsidies of equipment, and possibly to the endowments
"These are only the expenses necessary for the payment of payable debts and the expenses for which the law has expressly decided.
"The transactions are detailed by nature and function in accordance with the accounting framework established on the basis of the principles of the General Accountant Plan.
"The first budget deliberation may be the subject of one or more amendments. These measures shall be taken in accordance with the procedure for the vote of the budget in the same form.
"No increase in expenses or decrease in revenues can be adopted if it does not find its counterpart in the planned revenues or if it is not accompanied by a proposal of economy or new resources of the same importance.
"Art. 183-1.-The president of the provincial assembly tabled the budget proposal on the office of the assembly by 15 November. The budget proposal is communicated to the members of the meeting with the corresponding reports twelve days at least before the opening of the first meeting devoted to its consideration.
"If the budget is not enforceable before January 1 of the fiscal year to which it applies, the president of the provincial assembly may collect the revenues and incur, liquidate and mandate by twelfth the expenses of the operating section within the limits of those budgeted for the previous year. It is entitled to mandate the capital reimbursement costs of debt annuities due before the budget vote.
"If the provincial assembly did not vote the budget before March 31 and subject to the provisions of section 208-2, the High Commissioner, following the advice of the territorial board of accounts, shall establish on the basis of the revenues of the previous year a budget for the current year. If he deviates from the opinion of the Territorial Board of Accounts, he sets out his decision with explicit motivation.
"The previous paragraph is not applicable when the lack of adoption results from the absence of communication before March 15, at the provincial assembly, of information essential to the preparation of the budget. The list of this information is set by decree. In this case, the provincial assembly has fifteen days from this communication to stop the budget.
"Art. 183-2.-In a two-month period prior to the consideration of the original budget, a debate is held at the provincial assembly on the fiscal orientations of the fiscal year and on the proposed multi-year commitments.
"Art. 183-3.-The provincial assembly defines, by a separate deliberation of the vote of the budget, the conditions and criteria for the allocation of financial aids and the granting of loan guarantees to legal persons.
"However, for financial aids that do not have conditions, the provincial assembly may decide:
« 1° Individualize credits by recipient in the budget;
« 2° To establish, in a statement annexed to the budget, a list of beneficiaries with, for each of them, the object and amount of financial assistance.
"The individualization of credits or the establishment of the list in accordance with 2° is a decision to allocate the aforementioned financial aids. The provincial assembly may delegate to its office, pursuant to section 168, the exercise of its powers under this section. »
I. ― The second paragraph of section 208 of the same organic law is deleted.
II.-After section 208 of the same organic law, fourteen articles 208-1 to 208-14 are inserted as follows:
"Art. 208-1.-The original budget of New Caledonia or a province shall be forwarded to the High Commissioner no later than fifteen days after the deadline set for its adoption by sections 84-1, 183-1 and 208-4.If not applicable, sections 84-1 and 183-1 shall be applied.
"Art. 208-2.-When the budget of New Caledonia or a province is not voted in real balance, the Territorial Chamber of Accounts, seized by the High Commissioner within thirty days of the transmission that is made to it of the deliberation of the congress or of the provincial assembly, notices it and proposes to the congress or the provincial assembly, within the period of 30 days to the recovery, The Territorial Board of Auditors requests a new deliberation from the congress or provincial assembly.
"The new deliberation rectifying the original budget must take place within one month of the submission of the proposals of the Territorial Chamber of Accounts.
"If the provincial congress or assembly has not deliberated within the prescribed time limit, or if the deliberation does not include corrective measures deemed sufficient by the territorial board of accounts, which shall decide on this matter within fifteen days of the new deliberation, the budget shall be settled and rendered enforceable by the High Commissioner.
"If it departs from the proposals made by the Territorial Chamber of Accounts, it sets out its decision with explicit motivation.
"Art. 208-3.-If a mandatory expenditure has been omitted or if the credit for this expenditure has been insufficiently allocated to the budget of New Caledonia or a province, the High Commissioner requests a second reading at the meeting concerned. If, within fifteen days of the request for second reading, this assembly did not re-establish the registration of necessary credits, the High Commissioner seized the territorial board of accounts.
"If the Territorial Board of Accounts finds, in the month of its referral, that the obligatory expenditure was not included in the budget of New Caledonia or a province or was for an insufficient amount, it shall address the President of the Assembly concerned.
"If, within one month, this recurrence is not followed by effect, the Territorial Board of Accounts requests the High Commissioner to include this expenditure in the New Caledonia or provincial budget and proposes, where appropriate, the creation of resources or the reduction of discretionary expenditures to cover the mandatory expenditure. The High Commissioner rules and enforces the revised budget accordingly. If it deviates from the proposals made by the Territorial Board of Accounts, it sets out its decision with explicit motivation.
"In the absence of a mandatory expense by the president of the interested assembly within the month following the stay that was made to him by the High Commissioner, the High Commissioner shall proceed on his own motion.
"Art. 208-4.-From the seizure of the Territorial Chamber of Accounts and to the end of the procedure provided for in section 208-2, the provincial congress or assembly shall not take action in budgetary matters except for the deliberation provided for in the second paragraph of section 208-2 and for the application of section 208-7.
"When the budget of New Caledonia or a province has been settled and rendered enforceable by the High Commissioner, the additional budgets for the same fiscal year are forwarded by the High Commissioner to the Territorial Chamber of Accounts. In addition, the vote of the congress or provincial assembly on the administrative account provided for in section 208-7 shall be taken before the vote of the original budget for the next fiscal year. When the administrative account adopted under the above-mentioned conditions shows a deficit in the performance of the budget, this deficit is deferred to the original budget for the following year. This primitive budget is transmitted to the Territorial Chamber of Accounts by the High Commissioner.
"If the procedure defined in the second paragraph of this article is applied, the date set out in the last paragraph of Article 84-1 and Article 183-1 for the adoption of the original budget shall be deferred to 1 June. In this case, the deadline for the transmission of the accountant management account under section 208-7 is reduced to May 1.
"Art. 208-5.-The transfer of the budget of New Caledonia or of a province to the Territorial Chamber of Accounts under sections 208-2 and 208-9 shall suspend the execution of this budget until the end of the proceedings. However, the second paragraph of articles 84-1 and 183-1 shall apply from that transmission. In addition, the expenditures of the investment section of this budget can only be incurred, liquidated and mandated within half of the credits in that respect.
"Art. 208-6.- Subject to compliance with sections 84-1, 183-1, 208-4 and 208-5, amendments may be made to the budget by the provincial congress or assembly until the end of the fiscal year to which they apply.
"In the twenty-one-day period following the end of the fiscal year, the provincial congress or assembly may also make changes to the budget to adjust the appropriations in the operating section to pay the expenses incurred before December 31 and to include the necessary credits to carry out the order operations of each of the two sections of the budget or between the two sections.
“The deliberations on the budget amendments in the second paragraph shall be forwarded to the High Commissioner no later than five days after the deadline for their adoption. Mandates resulting from the budgetary amendments so decided must be completed by January 31 following the fiscal year to which they relate.
"Art. 208-7.-The order of the accounts of the community is constituted by the vote of the congress or provincial assembly on the administrative account submitted by the government or the president of the provincial assembly after transmission, no later than June 1 of the year following the fiscal year, of the management account established by the accountant of New Caledonia or the province. The vote of the congress or provincial assembly that stops the accounts must be taken no later than June 30 of the year following the fiscal year.
"The administrative account is stopped if a majority of votes have not emerged against its adoption.
"The management account is subject to the vote of the congress or provincial assembly.
"Art. 208-8.-The administrative account shall be forwarded to the High Commissioner no later than fifteen days after the deadline for its adoption by Articles 208-4 and 208-7.
"If not, the High Commissioner shall, in accordance with the procedure provided for in section 208-2, seize the Territorial Chamber of Accounts of the nearest budget voted by the Congress or the Provincial Assembly.
"Art. 208-9.-When the Order in the Accounts of New Caledonia or a province discloses in the performance of the budget, after verification of the sincerity of the listings of revenues and expenses, a deficit equal to or greater than 5% of the revenues of the Operating Section, the Territorial Board of Accounts, seized by the High Commissioner, proposes to count the balance of the fiscal month required for New Caledonia or
"When the budget of New Caledonia or a province has been the subject of the relief measures set out in the first paragraph, the High Commissioner shall forward to the Territorial Chamber of Accounts the original budget for the next fiscal year.
"If, during the consideration of this primitive budget, the Territorial Board of Auditors finds that New Caledonia or the province has not taken sufficient measures to address this deficit, it proposes the necessary measures for the High Commissioner within one month of the transmission provided for in the second paragraph. The High Commissioner regulates the budget and makes it enforceable. If it deviates from the proposals made by the Territorial Board of Accounts, it sets out its decision with explicit motivation.
"In the event of the implementation of the preceding paragraphs, the procedure provided for in Article 208-2 is not applicable.
"Art. 208-10.-Section 208-3 is not applicable to the registration and mandate of mandatory expenses resulting, for New Caledonia or a province and their public institutions, from a judicial decision taken in force of evidence. These transactions remain governed by the legislative provisions on administrative offences and the enforcement of judgements by legal persons of public law and by the Administrative Justice Code.
"Art. 208-11. -In the context of public orders, where moratoria interests are not mandated at the same time as the principal, the principal being in an amount greater than a threshold fixed by decree, the assigning accountant of the expenditure informs the officer and the High Commissioner within ten days of receiving the order of payment. Within a period of fifteen days, the High Commissioner shall address to the Coordinator a stay of office.In the absence of execution within one month, the High Commissioner shall, within a period of ten days, issue the mandate of the expenditure.
"However, if, within one month's time limit, the Registrar shall notify a refusal of execution motivated by a lack of available credits or if, within that same period, the High Commissioner finds this deficiency, the High Commissioner shall, within a period of fifteen days from the date of such notification or notice, have the territorial board of accounts under the conditions set out in section 208-3. The High Commissioner then proceeds to the office within fifteen days of the receipt of the deliberation listing the credits or his decision regulating the corrected budget.
"Art. 208-12.-The Congress and the Government of New Caledonia and the Provincial Assembly and its President shall be kept informed from the earliest meeting of the opinions expressed by the Territorial Chamber of Accounts and Orders taken by the High Commissioner of the Republic in New Caledonia pursuant to this chapter.
"Art. 208-13.-The congress or the provincial assembly shall decide on the nature of public utility of the expenditures that gave rise to a statement in de facto management by the territorial board of accounts at the nearest meeting following the transmission of the application by the territorial board of accounts to the de facto accountant and the official of New Caledonia or the province. After this period, the Territorial Board of Auditors shall decide on the expenses of the de facto management that it appreciates the justifications presented.
"Art. 208-14.-The public institutions of New Caledonia and the provinces and the interprovincial public institutions are subject to budgetary control under sections 208-1 to 208-13. »
III.-The 1st of section 176 of the same organic law is repealed. The 2° becomes the 1° and the 3° becomes the 2°.
I. ― After section 209 of the same organic law, a title VII bis is inserted as follows:
« TITRE VII BIS
"BUDGETARY AND COMPTABLE PROVISIONS RELATING TO NEW CALEDONIA, PROVINCES AND OVERVIEWS
"Art. 209-2.-The authorization to collect direct and assimilated contributions is annual.
"Art. 209-3.-No provision likely to result in new charges may be adopted until such charges have been assessed and authorized by a budgetary deliberation. The same rules are applicable where provisions are required to result in income losses.
"Art. 209-4.-The budget is divided into sections and sections under the conditions determined by a joint order of the Minister for Budget and the Minister for Overseas.
"Art. 209-5.-I. ― If the provincial congress or assembly decides, the allocation for investment expenses includes program authorizations and payment credits.
"Program authorizations are the upper limit of expenses that may be incurred for the financing of investments. They remain valid within the time limit set by the budgetary and financial regulations referred to in IV or until they are cancelled. They can be revised.
"Payment credits are the upper limit of expenses that may be ordered or paid during the year for the coverage of commitments under the corresponding program authorizations.
"The budgetary balance of the investment section is appreciated taking into account the only payment credits.
“II. – If the provincial congress or assembly decides, the allocation for operating expenses includes commitment authorities and payment credits.
"The commitment authority is the upper limit of expenses that may be incurred for the financing of operating expenses as defined by the budget and financial regulations referred to in IV. They remain valid within the time limit set by the budgetary and financial regulations or until they are cancelled. They can be revised.
"Payment credits are the upper limit of expenses that may be ordered or paid during the year for the coverage of commitments under the corresponding commitment authorities.
"The budgetary balance of the operating section is appreciated taking into account the only payment credits.
"III. ― The terms and conditions for the management of program authorizations, commitment authorizations and payment credits are specified in the budgetary and financial regulations set out in IV.
"The status of program and commitment authorities as well as the payment credits therein give rise to a statement attached to the budget documents.
"IV. ― The provincial congress or assembly, on the occasion of each renewal of its members, shall, before the vote of the first budgetary deliberation following the renewal, have a budgetary and financial regulation valid for the term of office and that may be revised.
"The budgetary and financial regulations set out the terms and conditions for the internal management of program and commitment authorities in accordance with the framework provided for by law.As such, they set out the rules on the deducibility of program authorizations and commitments except for program authorizations and unforeseen expenditures that are obligatoryly deducted at the end of the fiscal year. It also describes the voting, assignment and engagement arrangements for program and engagement authorizations adopted by New Caledonia or the province.
"The budgetary and financial regulation also sets out the information modalities of the Parliamentary Assembly on the management of multi-year commitments over the year. The multi-year management information terms and conditions at the time of the administrative account are determined by a joint order of the Minister for Budget and the Minister for Overseas.
"For New Caledonia, the budget and financial regulations further detail the content of the budget guidance report, which includes an analysis of economic developments, the planned budget strategy and a medium-term assessment of New Caledonia's resources and its expenses, which are divided by major expenditure posts.
"The budgetary and financial regulations may also include additional budgetary and financial rules.
"Art. 209-6.-The appropriations for a budget do not create any rights under the following budget, subject to provisions regarding program authorizations and commitment authorities.
"However, the payment credits available on capital transactions are deferred by a decision of the Coordinator.
"Art. 209-7.-The competition fund procedure is used when funds paid by legal or physical persons to compete with those of the community in public interest expenses, regularly accepted by the congress or provincial assembly, are directly raised in revenue to the budget. An additional appropriation of the same amount shall be appropriated by budgetary deliberation in respect of the expenditure. The use of funds must be consistent with the intention of the verse or donor. Competition funds may be subject to an annex budget, after advice from the local finance committee.
"Art. 209-8.-Provides the financial transactions of the services of New Caledonia or of the non-corporate province and whose essential activity is to produce goods or to render services giving rise to the payment of a price.
"Can also be the subject of an annexed budget, after the advice of the local finance committee, the financial transactions corresponding to taxes allocated to New Caledonia's non-corporate funds or corresponding to cents or taxes allocated to public or private law bodies providing public service missions.
"Appendix budgets include, on the one hand, revenues and operating expenses, on the other hand, investment expenditures and resources allocated to these expenditures. The operations of the supplementary budgets are carried out in accordance with the terms and conditions for the general budget.
"Services with an annexed budget can manage depreciation, reserve and provisions funds.
"The deliberation establishing an annex budget provides the conditions for the use of the balance at the end of management.
"Art. 209-9.-I. ― New Caledonia may not grant a person under private law a guarantee of borrowing or bail only under the conditions defined below.
"The total amount of annuities, already guaranteed or bonded to echo in the course of the year, of borrowings contracted by any person of private law or public law, plus the amount of the first full annuity of the new guaranteed contest, and the amount of annuities of the debt of New Caledonia cannot exceed a percentage, defined by decree, of the actual revenues of the section of operation of the budget of New Caledonia the amount of the specific provisions constituted by New Caledonia to cover the guarantees and bonds granted, affected by a multiplier coefficient established by decree, shall be deducted from the total amount defined in this paragraph.
"The amount of annuities guaranteed or bonded for the benefit of the same debtor, payable in respect of an exercise, shall not exceed a percentage, defined by decree, of the total amount of annuities that may be guaranteed or bonded under the preceding paragraph.
"The quotity guaranteed by one or more territorial authorities on the same loan cannot exceed a percentage set by decree.
"There is no stipulation that the implementation of the guarantees or bonds granted by New Caledonia shall, at the option of the latter, either on the entire competition or on the annuities determined by the contractual schedule.
“II. ― The second, third and fourth paragraphs of I are not applicable to the guarantees of borrowing or bonds granted by New Caledonia for the construction, acquisition or improvement of housing operations either carried out by the mixed economy companies, or benefited from a state subsidy or realized with the benefit of loans assisted by the State.
"Art. 209-10.-The proposed budget of New Caledonia or the Province is prepared by the Coordinator.
"Art. 209-11.- Credits are limiting.
"They are voted by chapter and, if the provincial congress or assembly so decides, by article.
"In addition to cases where the provincial congress or assembly has specified that the credits are specialised by article, the ordainor may be authorized to effect by way of a decree published transfers of article to article within the same chapter, within the limits fixed by the provincial congress or assembly.
"Art. 209-12.-The original budget proposal is accompanied by explanatory annexes, including:
« 1° The list of supplementary budgets;
« 2° The list of jobs;
« 3° The list of borrowings from New Caledonia or the province;
« 4° The list of loans guaranteed by New Caledonia or the province;
« 5° The list of leasing contracts;
« 6° The account of the organizations receiving the use of their taxes;
« 7° The list of parafiscale taxes;
« 8° The forecast list of grants;
« 9° The list of program authorizations and commitment authorizations and their status as decided at the end of the last known fiscal year.
"Art. 209-13.-The congress or the provincial assembly shall decide before December 31 of each year on the uncollectable accounts established by the competent accountant.
"Art. 209-14.-The non-tax credits of New Caledonia or of the provinces are not assessed by the local ordinators when they do not reach the threshold set for the liquidation of claims of the foreign State to the tax and the estate.
"The provincial congress or assembly may, however, decide after notice of the competent accountant in an amount greater than the amount set out in the first paragraph below which the collection titles will not be issued.
"Art. 209-15.-The procedures guaranteeing the validity of the regulation and its permissibility are those applicable to the expenses of the State.
"Art. 209-16.-The administrative accounts and management accounts of New Caledonia and the provinces shall be established in the form and manner provided for by a joint order of the Minister for Budget and the Minister for Overseas.
"Art. 209-17.-The administrative public institutions of New Caledonia and the provinces are subject to the budgetary and accounting provisions set out in sections 209-3 to 209-6, 209-11, first and second paragraphs, and 209-12 to 209-15.
"The acts of the boards of directors of these public institutions are subject to the legal control provided for in section 204.
" Subject to the competencies assigned to New Caledonia and the provinces by this Organic Law, New Caledonia and the provinces may grant loan guarantees under the conditions provided for in sections 209-9 and 182.
"Art. 209-18.-The President of the Board of Directors or the Director of Administrative Public Institutions of New Caledonia and the provinces shall prepare and execute the deliberations of the Board of Directors, including the budget, in accordance with the statute of each institution.
"He is a revenue and expenditure orderer.
"Art. 209-19.-The budget of public administrative institutions in New Caledonia and the provinces is voted by the board of directors. It is enforceable as soon as notification has been made to the community of which these establishments depend and its transmission to the High Commissioner or his representative by the President of the Board of Directors or the Director of the Institution. However, the statutes of an institution may provide that the budget is enforceable only after approval.
"Art. 209-20.-The accountants of public administrative institutions in New Caledonia and the provinces are the accountants of the Treasury responsible for the management of the community of which these institutions depend. However, specialized accountants may be appointed by a joint order of the Minister for Budget and the Minister for Overseas on the proposal of the Treasurer-General.
"Art. 209-21.-The budgets and financial accounts of the administrative public institutions of New Caledonia and the provinces shall be established in the forms and manner provided for by a joint order of the Minister for Budget and the Minister for Overseas.
"Art. 209-22.-Without prejudice to the statutory provisions for the approval of their acts, New Caledonia's administrative public institutions are subject to Articles 84 and 84-1.
"Art. 209-23.-Without prejudice to the provisions of statutes providing for the approval of their acts, provincial public institutions are subject to sections 183 and 183-1.
"Art. 209-24.-The provinces can create interprovincial public institutions by deliberation of their assemblies.
"These deliberations must specify the competitions made by the provinces and the conditions for the dissolution of interprovincial public institutions and the allocation of their property.
"These institutions are subject to the provisions of this title and to the rules of operation and control established for the provinces by this organic law.
"They have moral personality and financial autonomy.
"They are administered by a board of directors composed of members of the provincial assemblies designated for this purpose by the interested assembly. The board of directors elects its president from among its members.
"The board may be composed of other categories of members established by the provincial assemblies.
"The resources of interprovincial public institutions are made up by:
« 1° Provincial competitions;
« 2° Donations and bequests;
« 3° royalties for services;
« 4° Grants granted to them.
"The provinces can affect their property, rights and obligations.
"Art. 209-25.-Regulations in the Council of State shall, for the industrial and commercial public establishments of New Caledonia and the provinces and for the interprovincial industrial and commercial public institutions, establish rules of financial and accounting organisation adapted to the nature of their activity.
"This title is not applicable to the consular chambers of New Caledonia. A decree in the Council of State sets out the rules of financial and accounting organization to which they are subjected. »
II.- Title II of Act No. 90-1247 of 29 December 1990 deleting administrative and financial guardianship over the municipalities of New Caledonia and other provisions relating to that territory is repealed.
The Financial Courts Code is amended to read:
1° In LO 262-42, the words: "or their public institutions" are replaced by the words: ", their public institutions and other bodies subject to its control";
2° After the article L. 262-43-1, an article LO 262-43-2 is inserted as follows:
"Art. LO 262-43-2.-When the Territorial Board of Auditors reviews the facts of the case that warrant an improvement of the rules of law, the prohibition of which falls within the jurisdiction of New Caledonia, it may ask its president to send a communication to the Congress President on this matter. » ;
3° In the first paragraph of Article LO 263-7, the references: " LO 263-2 to LO 263-6" are replaced by the references: "84-1, 183-1, 208-2 and 208-3 of Organic Law No. 99-209 of March 19, 1999 on New Caledonia";
4° Sections LO 263-1 to LO 263-6 are repealed.
I. ― articles 9-1, 9-2 and 9-3 of Act No. 69-5 of 3 January 1969 relating to the creation and organization of municipalities in the territory of New Caledonia and dependencies, respectively, become articles 49, 49-1 and 49-2 of Organic Law No. 99-209 of 19 March 1999.
II.-Section 49-2 of the same organic law, in its drafting from I, is supplemented by a paragraph thus written:
"The terms and conditions of application of this Article shall be determined by deliberation of the Congress. »
Section 52 of the same organic law is amended as follows:
1° In the first sentence, the words: "and communes" are replaced by the words: ", communes and public institutions of intercommunal cooperation";
2° In the second sentence, the words: "or municipal council" are replaced by the words: ", the municipal council or the legislative body of the public intercommunal cooperation institution".
After section 184 of the same organic law, an article 184-1 is inserted as follows:
"Art. 184-1. - Provinces and their public institutions may derogate from the obligation to deposit their funds under the conditions laid down in section L. 1618-2 of the general code of territorial authorities. »
The above-mentioned Act No. 99-209 of 19 March 1999 is amended:
1° Article 30 reads as follows:
"Art. 30.-The president of the government and, where appropriate, the presidents of the provincial assemblies, or their representatives, are associated or participating, within the French delegation, in negotiations with the European Union and the European Community on the relations between New Caledonia and the latter.
"The President of the Government may ask the State to take the initiative of negotiations with the European Union and the European Community in order to obtain specific measures, useful for the development of New Caledonia. » ;
2° The second paragraph of Article 89 is as follows:
"The Congress is also consulted by the Minister for the Overseas on the drafts and proposals for acts of the European Union and the European Community relating to the association of overseas countries and territories to the European Union and the European Community. »
The same organic law is thus amended:
1° In the second paragraph of Article 41 and twice in the first paragraph of Article 42, after the words: "Projects or Proposals of Law of the Country" are inserted the words: "or deliberation of Congress";
2° Section 68 is amended as follows:
(a) After the words: "The President of the Congress" are inserted the words: "organizes and directs the services of the Congress. He";
(b) It is added a paragraph to read:
"He manages the assets of the Congress and the assets assigned to it. » ;
3° Article 75 reads as follows:
"Art. 75.-A regular session at least one session is reserved by priority to the questions of the members of the Congress and the answers of the President and members of the Government. The rules of procedure set out the rules for the presentation and examination of these matters.
"Members of Congress may ask written questions to government members, who are required to respond within one month. » ;
4° Section 76 is supplemented by a paragraph to read:
"The President of the Congress shall send to the members of the Congress eight days before the meeting, except in the event of an emergency, a report on matters to be submitted to the Congress, as well as, where appropriate, the relevant bills of the country or deliberation. This report is accompanied by all relevant documents. » ;
5° Article 77 is supplemented by the words: "and made accessible to the public on a digital basis, within eight days of these sessions."
6° The 1st of Article 136 is thus written:
« 1° At the first regular session, a report on the situation of New Caledonia and the state of the various public services, including delegates, as well as a report on the state of New Caledonia's participation in the capital of companies and their activity; »
7° The last paragraph of section 136 is as follows:
"At least 10 days before the meeting, except in the event of an emergency, the President of the Government shall send a report to the President of the Congress on each case to be considered by the Congress and, where appropriate, the relevant bills of the country or deliberation. » ;
8° After section 136, an article 136-1 is inserted as follows:
"Art. 136-1.-The President of the Government shall forthwith transmit to the Congress any decision relating to the appointment of directors of public establishments of New Caledonia and representatives of New Caledonia to the boards of directors and supervisory boards of mixed economy societies. » ;
9° In the first paragraph of Article 94, after the words: "The Congress", the words are inserted: "at the request of the office or at least 20% of its members,"
10° The 3rd of Article 99 is supplemented by the words: "; fundamental guarantees granted to officials of New Caledonia and communes";
11° The first paragraph of Article 155 is supplemented by a sentence as follows:
"He may designate one of his members to present to the congress the advice of the council on the bills and bills submitted to him. » ;
12° In the last paragraph of Article 2 and in the last sentence of the first paragraph of Article 163, the words "and social" are replaced by the words ", social and environmental";
13° In section 102, the words: "published in the conditions set by the rules of procedure" are replaced by the words: "to the members of the Congress eight days before the meeting".
In the second sentence of the second paragraph of section 80 of the same organic law, the words "budget" are replaced by the words "adoption or modification of the budget".
The first sentence of Article 102 of the same organic law is supplemented by the words: "or, if the Congress does not sit, by the Standing Committee".
I. ― After section 83 of the same organic law, an article 83-1 is inserted as follows:
"Art. 83-1. - Prior to the consideration of the proposed budget, the President of the Government presented the Government's report on the situation of New Caledonia in the area of sustainable development and on the directions and programmes to improve this situation. »
II. - After section 182 of the same organic law, an article 182-1 is inserted as follows:
"Art. 182-1. - Prior to the consideration of the proposed budget, the chair of the meeting presented a report on the state of the province with respect to sustainable development and on the directions and programs to improve this situation. »
Article 115 of the same organic law is supplemented by a paragraph as follows:
"If the Vice-President fails to elect within seven days of the notification of the result of the election of the President of the Government to the President of the Congress and to the High Commissioner, the members of the Government shall exercise their functions. »
The same organic law is thus amended:
1° Section 108 is supplemented by a paragraph to read:
"However, the government ensures the shipment of current affairs to the new government. » ;
2° Section 128 is supplemented by a paragraph to read:
"In the event of absence or incapacity of one of its members, the President of the Government may, in the event of an emergency, designate another member, in accordance with the group of elected officials who presented the list on which he was elected, for the purpose of countersigning the orders mentioned in the preceding paragraph. » ;
3° Article 131 reads as follows:
"Art. 131.-The government may delegate to its president the authority to take the necessary regulatory and non-regulatory acts for the purposes of the acts listed in section 127, as well as the non-regulatory acts listed in section 127.
"It may also delegate to its president the authority to take the non-regulatory acts referred to in section 36, as well as non-regulatory acts of application of the regulations enacted by the Congress.
“The delegations provided for in the two preceding paragraphs are given for a maximum, renewable period of twelve months. They become obsolete when a change in government or a change in the allocation of sectors under section 130.
"The President shall report, in particular when the delegation has expired or has become obsolete, to members of the Government, in an activity report, on acts taken by delegation under this article.
"The delegations given to the president of the government prior to the promulgation of Organic Law No. 2009-969 of 3 August 2009 on the institutional evolution of New Caledonia and the Departmentalization of Mayotte become null and void after a twelve-month period following the promulgation.
"These delegations also become obsolete when a change in government or a change in the allocation of sectors under section 130. » ;
4° The first sentence of section 132 is amended as follows:
(a) After the words: "his secretary general" are inserted the words: ", his deputy secretary generals,"
(b) After the words: "the directors" are inserted the words ", deputy directors,"
(c) After the words: "service chiefs" are inserted the words: ", deputy chiefs of service,"
5° The fourth paragraph of section 134 is as follows:
"He may delegate his signature to the Secretary-General, Assistant Secretary-General, Directors, Assistant Directors, Heads of Service and Deputy Heads of Service, and to public officials in at least equivalent positions. » ;
6° After section 172, an article 172-1 is inserted as follows:
"Art. 172-1.-In the event of the cancellation of all election or simultaneous vacancy operations of all seats of the members of the provincial assembly, the president of the assembly is responsible for the dispatch of the current affairs. His decisions are enforceable only with the agreement of the High Commissioner. » ;
7° The second paragraph of section 174 is as follows:
"It may delegate its signature to the Vice-Presidents, the Secretary-General, the Under-Secretary-General, directors, deputy directors, chiefs of service and deputy chiefs of service, as well as to public officials in at least equivalent functions. »
The same organic law is thus amended:
1° Article 143 is supplemented by a paragraph to read:
"He may designate one of his members to present before the congress or provincial assembly the advice of the customary Senate on the deliberation projects or proposals submitted to him. » ;
2° Section 145 is supplemented by a paragraph to read:
"The institution seized a proposal of interest to the Kanak identity informs the president of the customary Senate of the suites reserved for this proposal. » ;
3° Section 147 is supplemented by a paragraph to read:
"The president of the customary Senate organizes and directs the services of the customary Senate. »
After section 193 of the same organic law, an article 193-1 is inserted as follows:
"Art. 193-1.-The member of the presumed absent congress within the meaning of Article 112 of the Civil Code is temporarily replaced at the congress, upon the intervention of the judgment finding the presumption of absence, by the candidate coming immediately after the last elected on the list of which the presumed absentee is born.
"The member of a presumed absent provincial assembly within the meaning of section 112 is provisionally replaced at the provincial assembly, upon the intervention of the judgment finding the presumption of absence, by the candidate coming immediately after the last elected on the list of which the presumed absent is from. »
The same organic law is thus amended:
1° In the last sentence of the last paragraph of Article 79, the word "quarter" is replaced by the word "third";
2° Section 146 is supplemented by a paragraph to read:
"A lump-sum representation allowance, determined by the Congress, is awarded to the President of the customary Senate. This amount cannot exceed 50% of the compensation paid to members of provincial assemblies. » ;
3° The second paragraph of Article 151 is as follows:
"A flat fee for representation costs is awarded to the chair of the customary council. This is equal to 20% of the compensation paid to members of provincial assemblies. » ;
4° After the second paragraph of Article 154, a sub-item reads as follows:
"A lump-sum representation allowance, which is determined by the Congress, is awarded to the President of the Economic and Social Council. This amount cannot exceed 50% of the compensation paid to members of provincial assemblies. »
I.-Section 78 of the same organic law is as follows:
"Art. 78.-The congress shall determine, within the limits set by the general code of territorial authorities for members of the deliberative assemblies of the departments and regions, the guarantees granted to members of the congress with respect to the authorizations of absence or the credit of hours, the guarantees granted in the exercise of a professional activity, the guarantees granted at the end of the term and the right to training, the allowances of travel and
"It sets out the amount of the lump sum allowance for any representation costs allocated to the congress president. »
II.-The second paragraph of section 163 of the same organic law is replaced by two paragraphs:
"The provincial assembly shall determine, within the limits set by the general code of the territorial authorities, the guarantees granted to its members with respect to the authorizations of absence or the credit of hours, the guarantees granted in the exercise of a professional activity, the guarantees granted at the end of the mandate and the right to training, the travel allowances and the costs of stay incurred to take part in the meetings of the assembly and the expenses incurred
"She sets out the amount of the lump sum allowance for any representation costs allocated to her president. »
The first paragraph of Article 125 I of the same organic law is supplemented by a sentence as follows:
"This allowance cannot be combined with the compensation awarded to members of Parliament, the European Parliament and the Economic, Social and Environmental Council of the Republic. »
Title V of the same organic law is supplemented by a chapter VII as follows:
“Chapter VII
“Protection of elected officials
"Art. 199-1.-The members of the government, the president of the government, the president of the congress, the president of the provincial assembly or an alternate elected one of them or having received a delegation shall, on the occasion of their duties, be protected by New Caledonia or the provinces in accordance with the rules laid down by the penal code and special laws.
"New Caledonia or the provinces are obliged to protect members of the government, the president of the government, the president of the congress, the president of the provincial assembly or an alternate elected one of them or having received a delegation against the violence, threats or contempt that they may be subjected to in the course of their duties and to repair, if any, the harm that has resulted from it.
"New Caledonia or the provinces are subrogated to the rights of the victim to obtain the restitution of the sums paid to the elected individual. They also have for the same purposes of direct action that they may exercise, if necessary by forming a civil party, before the criminal court. »
I. ― Article 195 of the same organic law is amended as follows:
1° At 3°, the words "or gendarmerie" are replaced by the words: "and gendarmerie personnel";
2° At 6°, after the words "of the government and the general secretaries" are inserted the words "and deputy general secretaries";
3° At 7°, after the words: "The agents and accountants of New Caledonia and the provinces" are inserted the words "acting as officials".
II.-The 5th of section 99 of the same organic law is supplemented by the words: ", subject to the provisions of sections 137, 138 and 138-1".
III.-Article 137 of the same organic law is amended as follows:
1° In the second preambular paragraph, after the word "observes", the words "by decree published in the Official Journal of New Caledonia" are inserted;
2° Two subparagraphs are added:
"However, the persons referred to in Article 195, 2° I, may not be designated or elected as members of the customary Senate, although they have satisfied the customs-recognized uses.
"The High Commissioner shall declare ex officio resignation of any member of the designated or elected customary senate who is struck by the ineligibility provided for in 2° of Article 195. »
IV.-After section 138 of the same organic law, two articles 138-1 and 138-2 are inserted as follows:
"Art. 138-1.-The term of membership of the customary Senate is incompatible:
« 1° As a member of the government, a provincial assembly or economic and social council;
« 2° With the membership of an assembly or executive of an overseas community, as well as with that of general councillor, regional councillor, Paris councillor and member of the Assembly of Corsica;
« 3° With the functions of a career soldier or assimilated in service activity or serving beyond the legal period;
« 4° With the functions of a magistrate of administrative courts or judicial courts and with non-elective public functions;
« 5° With the functions of director or president of public establishment when paid.
"Art. 138-2.-Any member of the customary Senate who, at the time of his or her appointment, is in any of the cases of incompatibility provided for in section 138-1 shall have a period of one month from the date on which his or her appointment became final to resign his or her mandate or to terminate the situation incompatible with the exercise of that term. He makes known his option in writing to the High Commissioner who informs the President of the customary Senate.If no option is available within the time limit, he is deemed to resign from his mandate; this resignation is found by a High Commissioner's order. »
V.-Article 112 of the same organic law is as follows:
"Art. 112.-The president and members of the government are subject to the provisions of articles 195, 196 and 197.
"They are subject to incompatibility with the functions and activities referred to in Article LO 146 of the Electoral Code, for the application of which New Caledonia is heard as a public community. The functions of a member of the government are also incompatible with the membership of the customary Senate and the Economic and Social Council, or a member of a provincial assembly.
"For the purposes of all legislative provisions limiting the accumulation of elective functions and mandates, the functions of President of the Government are similar to those of President of General Council. »
VI.-The I of Article 196 of the same organic law is supplemented by a 6°, a 7°, an 8°, a 9° and two paragraphs as follows:
« 6° With the functions of a director or member of the legislative body of one of the companies referred to in section 53 or a public interest group referred to in section 54-2, when paid;
« 7° With the functions of President or member of the legislative body, as well as of Director General or Deputy Director General, held in national enterprises and national public institutions that have an activity in New Caledonia, or with any functions carried out on a permanent basis as advice to such enterprises or institutions;
« 8° With the functions of Chief of Business, Chair of the Board of Directors, Chair or Board Member, Chair of the Supervisory Board, Associate Administrator, Director General, Deputy Director General or Manager, as follows:
“(a) Corporations, undertakings or institutions, in the form of guarantees or bonds of interest, grants or, in equivalent form, benefits provided by New Caledonia or its public institutions, except where such benefits necessarily arise from the application of legislation or regulations of general scope in New Caledonia;
“(b) Companies or companies whose activity consists mainly in the execution of works, the provision of supplies or services on behalf of or under the control of New Caledonia or one of its public institutions;
"(c) Corporations with more than half of the capital comprised of shares of companies, companies or institutions referred to in a and b;
« 9° With the exercise of functions conferred by a foreign State or an international organization and paid on their funds.
"The incompatibility defined at 7° does not apply to the designated representative, either as such, or as a result of a local electoral mandate, as president or as a member of the legislative body of a national enterprise or public institution pursuant to the texts organizing this undertaking or institution.
"The 8th is applicable to any person who, directly or by interposed person, in fact exercises the direction of the establishment, company or undertaking in question. »
VII.-Article 196 of the same organic law is supplemented by the IV to IX as follows:
"IV. ― It is prohibited for any member of a provincial assembly or congress to accept, in the course of his or her term, a member of the board of directors or supervision in any of the establishments, companies or undertakings referred to in I.
"V. ― It is prohibited for any member of a provincial assembly or congress to begin exercising a council function that was not his or her own before the beginning of his or her term.
"This prohibition is not applicable to members of the liberal professions subject to legislative or regulatory status or whose title is protected.
"VI. ― Notwithstanding the provisions of I, members of a provincial assembly or congress may be appointed by these assemblies to represent New Caledonia or the provinces in organizations of local interest, provided that such bodies are not intended to make or distribute profits and that the persons concerned do not have paid duties, subject to the application of section 132.
"In addition, members of a provincial or congress assembly may act as chair of the board of directors, delegated administrator or board of directors of joint local equipment companies or companies with an exclusively social object when these functions are not paid.
« VII. ― A lawyer registered at a bar is prohibited, when he or she is appointed to serve as a member of a provincial assembly or congress, to carry out directly or indirectly, through a partner, a collaborator or a secretary, no act of his or her profession in cases in which criminal proceedings are brought before the criminal courts for crimes and offences against the Nation, the State in the same conditions, he is prohibited from advocating or consulting on behalf of any of the companies, companies or establishments referred to in I of which he was not usually the council before his election, or from advocating against the State or its public institutions, national societies, New Caledonia or its public institutions, the provinces of New Caledonia or their public institutions, as well as the communes of New Caledonia or their public institutions.
« VIII. ― It is prohibited for any member of a provincial assembly or congress to make or let appear its name followed by the indication of its quality in any advertisement relating to a financial, industrial or commercial undertaking.
« IX. ― It is prohibited for any member of a provincial assembly or congress to take an active part in the acts relating to a case to which he is interested either in his personal name or as an agent. »
VIII.-Section 197 of the same organic law is as follows:
"Art. 197.-A member of a provincial assembly or congress that, at the time of his election, is in one of the cases of inconsistency provided for in this title shall, within thirty days after his or her entry into office or, in the event of a contestation of the election, resign his or her mandate or terminate the situation incompatible with the exercise of the election. If the cause of incompatibility occurs after the election, the right of option is open under the same conditions.
"On the expiry of the time limit provided for in the first paragraph, a member of a provincial assembly or congress that is in one of the cases of incompatibility provided for in this title shall be declared ex officio resigning by the Council of State, adjudicating to the litigation, at the request of the High Commissioner of the Republic or any member of the congress or provincial assembly concerned.
"In the time limit set out in the first paragraph, a member of a provincial assembly or congress is required to send a certified statement to the High Commissioner of the Republic on the exact and sincere honour that includes the list of professional activities or of general interest, even unpaid, that he intends to retain or attest that he does not exercise any of them. In the course of his or her term, he or she shall declare in the same form any element that would alter his or her initial statement. These statements are published in the Official Journal of New Caledonia.
"The high commissioner of the Republic examines whether the activities so declared are consistent with the term of membership of the provincial assembly or congress. If there is any doubt about the compatibility of professional functions and activities or of general interest exercised or in the event of a dispute in this regard, the High Commissioner, the author of the declaration or any other member of the congress or provincial assembly concerned shall refer to the Council of State, adjudicating to the litigation, who appreciates whether the member of the congress or the assembly of interested province is in a case of incompatibility.
"By derogation from the above provisions, a member of a provincial assembly or congress that has ignored one of the prohibitions set out in the last paragraph of Article 101 and IV to IX of Article 196 shall be declared ex officio resigning, without delay, by the Council of State, at the request of the High Commissioner of the Republic or any member of the congress or assembly of the province concerned. The resignation from office does not result in ininligibility. »
Section 107 of the same organic law is supplemented by three sub-items as follows:
"The Council of State may also be seized by the President of the Congress, by the President of the Government, by the President of a provincial assembly or by the High Commissioner, for the purpose of ascertaining that a provision of a law of the country has intervened outside the area defined in section 99.
"The authority that seizes the Council of State shall immediately inform the other authorities mentioned in the preceding paragraph. Such comments may be submitted within 15 days.
"The State Council shall take action within three months of the referral provided for in the two preceding paragraphs. »
Section 204 of the same organic law is amended as follows:
1° I is supplemented by two sub-items:
"The transmission of the acts referred to in II may be carried out by any means, including by electronic means according to the terms set by decree in the Council of State.
"For individual decisions, this transmission takes place within fifteen days of their signature. » ;
2° In the first sentence of the third paragraph and in the fourth and last paragraphs of the VI, the words: "sentence to execution" are replaced by the word: "suspend";
3° In the first sentence of the fifth paragraph of the VI, the words "seat" are replaced by the words "seat";
4° In the second sentence of the fifth paragraph of the VI, the words "to stay" are replaced by the words "to suspension";
5° In the sixth paragraph of the VI, the words "planned stay" are replaced by the words "planned suspensions".
I. ― Article 101 of the same organic law is supplemented by a paragraph as follows:
"A member of the congress cannot take part in the adoption of a law of the country if he is directly interested in the matter which is the subject of either in his personal name or as an agent. »
II. ― Section 204 of the same organic law is supplemented by an VIII as follows:
« VIII. – Illegal:
« 1° Deliberations or acts to which one or more members of the government, congresses or provincial assemblies concerned have taken part in the matter that is either in their personal name or as agents;
« 2° Decisions and deliberations by which New Caledonia or a province renounces either directly or by a contractual clause to exercise any liability in respect of any natural or legal person that it pays in any form. »
After section 204 of the same organic law, an article 204-1 is inserted as follows:
"Art. 204-1. - Section 204 is applicable to acts of public institutions and public interest groups in New Caledonia and the provinces. »
In the first sentence of Article 205 of the same organic law, after the words: "recourse for excess of power" are inserted the words: "or an appeal for the assessment of legality".
I. ― Section 206 of the same organic law is as follows:
"Art. 206.-The president of the government, the president of the congress, the president of the customary Senate or the president of a provincial assembly may apply to the administrative court for an opinion. He immediately informs the High Commissioner.
"The High Commissioner may apply to the Administrative Court for an opinion. It shall immediately inform the authorities mentioned in the first paragraph.
"When it deals with the division of competence between the State, New Caledonia, the provinces or municipalities, the request for an opinion is examined by the State Council to which it is transmitted without delay. »
II.-Article L. 224-4 of the Administrative Justice Code becomes the LO 224-4 article as follows:
"Art. LO 224-4.-The President of the Government, the President of the Congress, the President of the customary Senate, the President of a provincial assembly or the High Commissioner may apply to the Administrative Court or the Council of State for a request for advice under the conditions laid down in Article 206 of Organic Law No. 99-209 of 19 March 1999 on New Caledonia. »
Title VII of the same organic law is supplemented by a chapter III, which reads as follows:
“Chapter III
" Exercise by a taxpayer or elector
shares belonging to New Caledonia
"Art. 209-1.-Any taxpayer registered in the role of New Caledonia or any elector registered on the list of electors has the right to exercise, both in demand and in defence, at its costs and risks, with the authorization of the Administrative Court, the actions that he believes belong to New Caledonia or to the province and that the province, previously called to deliberate, has refused or neglected.
"The taxpayer or the elector shall send a memorandum to the Administrative Court.
"The president of the government or the president of the province shall submit this memorandum to the government or to the provincial assembly, respectively, at one of its meetings held within two months of the filing of the memorandum.
"When a judgment has taken place, the taxpayer or the elector can only appeal or receive a cassation under a new authorization. »
The last paragraph of section 1 of the same organic law is as follows:
"The customary areas of New Caledonia are: Hoot Ma Whaap, Paicî-Cèmuhi, Ajië Aro, Xârâcù, Drubea-Kapumë, Nengone, Drehu, Iaai. »
Article 11 of the same organic law is supplemented by a paragraph that reads as follows:
"The application for a change of status is published in a legal announcement journal. Any person who justifies a legitimate interest has a period of one month from the publication to file an opposition. »
Article 12 of the same organic law is supplemented by a paragraph as follows:
"The application for a change of status is published in a legal announcement journal. Any person who justifies a legitimate interest has a period of one month from the publication to file an opposition. »
Article 14 of the same organic law is read as follows:
"Art. 14.-The application for renunciation must emanate from a capable person.
"The waiver is found by the judge. Within fifteen days of the date on which the judge's decision has passed in force of a trial, the birth certificate corresponding to the new status of the person concerned is drawn up on the register of the relevant civil status of the commune of the place of birth at the request of the public prosecutor.
"The birth certificate established prior to the notice of renunciation is, at the diligence of the prosecutor of the Republic, covered by the mention "renunciation" and is considered null.
"In the event of a return to the original or abandoned civil status, the reference to the "renunciation" referred to in the previous paragraph is cancelled at the diligence of the public prosecutor. The act may again be exploited after being updated, if any.
"The birth certificate corresponding to the civil status abandoned is, at the diligence of the prosecutor of the Republic, covered by the mention "nunciation" and is considered null. »
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2009-587 DC of 30 July 2009. ]
Article 44 of the same organic law is supplemented by a paragraph as follows:
"It also includes, subject to the rights of third parties and except where located in customary lands, rivers, lakes, groundwater and sources. »
The same organic law is thus amended:
1° In the second paragraph of Article 64, the words: "The title I of Act No. 88-227 of 11 March 1988 on the financial transparency of political life" are replaced by the words: "the legislation on the financial transparency of political life";
2° In section 114 and in the last paragraph of section 161, the words: "The title I of Act No. 88-227 of 11 March 1988 referred to above" are replaced by the words: "the legislation on financial transparency of political life".
Sections 25, 26, 27, 28, the 4th of section 29 and section 37 of this Organic Law are applicable as of fiscal year 2011.
Section 7 of this Organic Law is applicable from fiscal year 2010.
The thirty-day period referred to in the first and third paragraphs of Article 197 of Organic Law No. 99-209 of March 19, 1999 referred to above in its drafting in force on the date of promulgation of this Organic Law begins to run on the first day of the month following the promulgation.
Title IV of Book IV of Part III of the General Code of Territorial Communities is supplemented by a chapter VI as follows:
“Chapter VI
« Department of Mayotte
"Art. LO 3446-1. - From the first meeting following the renewal of its parliamentary assembly in 2011, the departmental community of Mayotte is erected as a community governed by Article 73 of the Constitution, which takes the name of "Department of Mayotte" and exercises the skills vested in overseas departments and overseas regions. »
This law will be enforced as a law of the State.
Done at Lavandou, August 3, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Secretary of State
loaded with the overseas,
Marie-Luce Penchard
Senate :
Draft Organic Law No. 467 (2008-2009);
Report of Mr. Christian Cointat, on behalf of the Law Commission, No. 490 (2008-2009);
Text of Commission No. 491 (2008-2009)
Discussion and adoption on 7 July 2009 (TA No. 105).
National Assembly :
An organic bill, passed by the Senate after an accelerated procedure, No. 1802;
Report of Mr. Didier Quentin on behalf of the Law Commission, No. 1843;
Discussion and adoption, after an expedited procedure, 20 July 2009 (TA No. 321).
Senate :
Draft organic law, amended by the National Assembly, No. 573 (2008-2009);
Report of Mr. Christian Cointat, on behalf of the Joint Parity Commission, No. 584 (2008-2009);
Discussion and adoption on 23 July 2009 (TA No. 126).
National Assembly :
Report of Mr. Didier Quentin, on behalf of the joint parity commission, No. 1862 and No. 1863;
Discussion and adoption on 23 July 2009 (TA No. 328).
― Constitutional Council:
Decision No. 2009-587 DC of 30 July 2009 published in the Official Gazette of this day.
