Key Benefits:
President of the Republic,
On the Prime Minister's report,
Vu le Civil codeincluding articles 1st, 2045 and 2060;
Vu le Trade codeincluding articles L. 225-57 to L. 225-82, L. 225-85 to L. 225-93 and R. 225-35 to R. 225-60-1;
Considering the general code of public ownership;
Vu le Criminal codeincluding article 432-12;
Vu la Act No. 83-675 of 26 July 1983 the democratization of the public sector;
Vu la Act No. 84-148 of 1 March 1984 concerning the prevention and amicable resolution of business difficulties, including article 30;
Vu la Act No. 84-834 of 13 September 1984 relating to the age limit in the public service and the public sector, including Article 7;
Vu la Act No. 85-11 of 3 January 1985 relating to the consolidated accounts of certain commercial and public enterprises, including Article 13;
Vu la Act No. 88-227 of 11 March 1988 the financial transparency of political life, including article 2;
Vu la Act No. 2010-597 of 3 June 2010 relating to the Grand Paris;
See?Order No. 58-1136 of 28 November 1958 Act on appointments to civil and military jobs of the State;
Vu le Decree No. 53-707 of 9 August 1953 relating to State control over national public enterprises and certain organizations with an object of economic and social order;
Vu le Decree No. 55-733 of 26 May 1955 relating to the economic and financial control of the State;
Vu le Decree No. 59-587 of 29 April 1959 on appointments to management positions of certain public institutions, public enterprises and national corporations;
Vu le Decree No. 62-1587 of 29 December 1962 General regulations on public accounting, in particular articles 151 to 153-1 and 190 to 225;
Vu le Decree No. 79-153 of 26 February 1979 relating to the duration of the functions of presidents and certain leaders of state public institutions, nationalized companies and national societies and certain public bodies;
Vu le Decree No. 86-221 of 17 February 1986 taken for application of Act No. 85-11 of 3 January 1985 relating to the consolidated accounts of certain commercial and public enterprises and making various provisions relating to the preparation of annual accounts;
Vu le Decree No. 92-681 of 20 July 1992 relating to income-generating authorities and public bodies' advances;
Vu le Decree No. 94-582 of 12 July 1994 on the advice and leadership of public institutions and public sector enterprises;
Vu le Decree No. 99-575 of 8 July 1999 the terms and conditions for approval of certain financial decisions of State public institutions;
Vu le Decree No. 2004-374 of 29 April 2004 relating to the powers of prefects, the organization and action of State services in the regions and departments, including Article 39;
Vu le Decree No. 2010-666 of 18 June 2010 fixing the conditions under which the prefigurator of the Société du Grand Paris may conclude any contract, agreement or contract;
Given the emergency;
The Council of State (section of public works) heard;
The Council of Ministers heard,
Decrete:
The Public Institution Société du Grand Paris is placed under the joint supervision of the Minister for Development of the Capital Region, the Minister for Economics, the Minister for Transport and the Minister for Urban Planning.
Its headquarters is set by decision of the Supervisory Board in the Ile-de-France region.
The provisions of sub-section 2 of chapter V, section 2 of chapter V, title II, of Book II of the Commercial Code expressly referred to in this decree are applicable only to the public establishment Société du Grand Paris.
For the application to the public institution Société du Grand Paris of these provisions:
― the reference to the anonymous company or to the company is replaced by the reference to the public establishment;
the reference to the social object is replaced by the reference to the missions of the public institution;
― the reference to the statutes is replaced by the reference to the rules of composition, organization and operation of the public establishment established by the Act No. 2010-597 of 3 June 2010 and this decree.
The Supervisory Board consists of twenty-one members:
1° Eleven representatives of the state:
- a appointed by the Minister for Development of the Capital Region;
- a appointed by the Minister responsible for the economy;
- a appointed by the Minister for Sustainable Development;
- a name on the proposal of the Minister for Transport;
- a appointed on the proposal of the Minister responsible for urban planning;
- a appointed by the Minister responsible for culture;
- a appointed on the proposal of the Minister for Policy of the City;
- a appointed by the Minister for Territorial Communities;
- a appointed on the proposal of the Minister for Land Use Planning;
- a appointed on the proposal of the minister in charge of matters;
- an appointment on the proposal of the minister in charge of the budget;
2° President of the Ile-de-France Regional Council;
3° Presidents of the General Councils of the eight departments of the Ile-de-France region;
4° A mayor of a municipality in the Ile-de-France region or a president of a public institution for intercommunal cooperation in the region.
Members appointed under 1° and 4° are appointed by decree for a period of five years renewable.
The members who have lost the quality under which they were appointed cease to be on board.
Within the two-month period, the replacement of a member whose seat becomes vacant by death, resignation or for any other cause for the remainder of the term.
Supervisory Board members are free of charge. They are entitled to reimbursement of the costs imposed by the execution of their mandate. The nature of these costs and the conditions under which they are reimbursed are determined by a joint order of the Minister for Development of the Capital Region and the Minister for Budget.
The members of the Supervisory Board shall address to the Commissioner of the Government at the Public Institution Société du Grand Paris, within fifteen days of their appointment or designation, a statement stating:
– the functions performed by themselves and their unseparated spouses or the persons with whom they are bound by a civil pact of solidarity in the organizations or societies, as well as the societies that they control or control within the meaning ofArticle L. 233-3 of the Commercial Code, likely, due to their sector of activity, to conclude agreements with the public institution Société du Grand Paris;
- the list and number of shares and social rights representing at least one twentieth of the capital or voting rights, owned by themselves, their spouses and minor children not emancipated in the same societies or organizations.
The Commissioner of the Government shall invite the member who has not sent this statement within the time limit prescribed in the first paragraph to file it within a time limit set by the Commissioner. This member may not sit on the Supervisory Board before he or she has fulfilled this obligation, unless he or she has justified the temporary impossibility of doing so.
Each year, the Commissioner of the Government requests the members of the Supervisory Board to report changes to the elements contained in his statement.
The information provided is confidential. However, the Commissioner of the Government shall communicate to the member responsible for economic and financial control who attends the meetings of the Supervisory Board the statements made by the members of the Board and the amendments made thereto.
The Supervisory Board shall elect a President and a Vice-President from among its members under the age of seventy on the day of the election.
Candidates for these functions must, at least three working days before the board meeting in which the election is to be conducted, declare their candidature to the Commissioner of the Government and transmit the declaration provided for in section 5 of this Order. If the candidates have not observed these formalities, their application is inadmissible.
The mandates of the Chair and Vice-Chair of the Supervisory Board are five years and are renewable.
They end at the same time as members of the supervisory board appointed by decree.
The President is responsible for convening the Supervisory Board and directing its proceedings. In the event of absence or incapacitation, it is replaced by the Vice-Chair.
The Supervisory Board exercises permanent control over the management of the public institution.
At any time of the year, the Supervisory Board shall carry out the audits and controls that it considers appropriate and may communicate the documents that it considers necessary to carry out its mission.
At least once a quarter, the directorate reports to the supervisory board.
The Supervisory Board may confer on one or more of its members any special warrants for one or more specified objects.
He may decide on the establishment of commissions, including an audit committee, which sets out the composition and powers and which carry out their activities under his responsibility. However, the purpose of these powers is not to delegate to a commission the powers conferred on the Supervisory Board itself by the law or this decree, nor to reduce or limit the powers of the Director. The Commissioner of the Government and the Economic and Financial Supervisory Authority are convened at the meetings of the commissions established in the Council. They attend these commissions if they consider it useful.
He sets his rules of procedure.
Are subject to prior approval by the Supervisory Board:
(a) The general directions of the establishment policy;
(b) The financial account and allocation of results for audit and control purposes;
(c) The forecasted statement of income and expenditure and its amending decisions, including changes in debt and staffing;
(d) The use of the borrowing when its amount exceeds a threshold set by the board;
(e) The creation of subsidiaries and the acquisitions, transfers or extensions of financial participation beyond a threshold set by the board;
(f) Investment transactions in excess of a threshold established by the Board;
(g) leases, acquisitions and disposals of buildings when their amount exceeds a threshold fixed by the board;
(h) Bonds, endorsements and guarantees in excess of a threshold established by the board;
(i) Development or construction programs conducted by the establishment;
(j) Forecast balances of construction or development operations conducted by the establishment;
(k) The principles of the pricing of benefits and services of any kind rendered by the establishment;
(l) Transactions where their amount exceeds a threshold fixed by the Director and the thresholds below which such transactions may be entered into by the Director;
(m) The recommendations made to the Syndicat des transports d'Ile-de-France to ensure the coherence of the service of the stations of the Grand Paris network by the surface transport in application of the III of Article 7 of the Act of 3 June 2010 referred to above ;
(n) Opinions intended for the representative of the State in the Ile-de-France region to prepare and harmonize the territorial development contracts pursuant to III of Article 7 of the Act of 3 June 2010 referred to above.
The materials listed in i and j may be delegated to the Director by the Supervisory Board within the limits it determines.
I. ― The Supervisory Board shall meet, on the convocation of its President, at least twice a semester.
However, the Chair of the Supervisory Board shall call the Board on a date that may not be after fifteen days when at least one member of the Director, the Commissioner of the Government or at least one third of the members of the Supervisory Board shall submit a reasoned request to that effect. If the request has remained without action, the authors may proceed to the convocation themselves, indicating the agenda of the meeting.
II. ― The Chair of the Supervisory Board sets the agenda after consultation with the Chair of the Management Board.
The Commissioner of the Government and the authority responsible for the economic and financial control of the institution may request the inclusion of any matter on the agenda of the meetings of the Supervisory Board. This registration cannot be refused.
III. ― Council can only validly deliberate when at least half of its members in office attend the meeting. However, if this quorum is not reached, the board, which is convened on a new three-day convocation, shall deliberate validly whatever the number of members present.
The rules of procedure may provide that, for the calculation of the quorum and majority, members of the supervisory board who participate in the meeting by means of videoconferencing or telecommunications allowing their identification and guaranteeing their effective participation, the nature and conditions of application are determined by the decree in the Council of State taken under the application of theArticle L. 225-82 of the Commercial Code. This faculty is not available for participation in meetings during which the subjects referred to in b and c of section 9 are submitted to the Supervisory Board.
IV. ― A member of the Supervisory Board may give, in writing, a warrant to another member to represent him at a board meeting. A member of the Supervisory Board may receive, for a single session, not more than two terms by application of the preceding paragraph.
V. ∙ The deliberations are taken by a majority of the votes cast. In case of sharing, the president's voice is preponderant.
The vote shall be held by secret ballot in the event of appointment or notice of designation. In these two cases, if, after two ballots, no candidate obtained the absolute majority, a third ballot was taken and the appointment or designation took place by the relative majority. On an equal basis, the appointment or designation is acquired to the oldest.
VI. ― The members of the board, the Commissioner of Government, the authority responsible for the economic and financial control of the institution and the accounting officer attend the advisory board meetings with an advisory vote.
Meetings are addressed to the Commissioner of the Government, to the Economic and Financial Control Authority and to the Accountant, along with the agendas and documents transmitted to Council members.
VII. ― Minutes are signed by the President and the Vice-President. They mention the people present. TheArticle R. 225-47 of the Commercial Code is applicable.
VIII. ―Article L. 225-92 of the Commercial Code is applicable.
The deliberations of the Supervisory Board are found by records on a special register held at headquarters.
Article R. 225-50, the first paragraph ofarticle R. 225-51 and thearticle R. 225-52 the trade code is applicable.
The three members of the board are appointed for a period of five years.
Their mandate is renewable.
♪ Articles L. 225-60, L. 225-74 and R. 225-37 of the Commercial Code are applicable.
In the event of a vacancy, the replacement is appointed for the remaining time to run until the directorate is renewed.
The decree appointing the members of the board and conferring on one of them the quality of president of the board is taken after advice from the supervisory board.
The Chief Executive Officer is the Director General.
It is terminated by order, advice or proposal of the Supervisory Board.
The functions of other members of the Executive Board are terminated by order, after notice or on proposal of the Supervisory Board or the Chairman of the Board.
The directorate and its president shall exercise the responsibilities defined by the Articles L. 225-64 and L. 225-66 of the Commercial Code and, with respect to the policy, including the following:
(a) He proposes to the Supervisory Board the general directions of the institution's policy;
(b) It prepares the deliberations of the Supervisory Board and ensures their execution;
(c) It implements the overall scheme set out in theArticle 2 of the Act of 3 June 2010 referred to above ;
(d) It sets out the forecast statement of income and expenditure and its amended decisions, and, after approval of the supervisory board, executes them;
(e) He submits the institution's financial account to the supervisory board;
(f) It develops programmes and forecasting assessments of development and construction operations;
(g) It concludes the contracts and agreements for cooperation or terms of reference set out in V, VI and VIII of Article 7, II and III of Article 17 and Articles 18 and 19 of the Act of 3 June 2010 referred to above ;
(h) It designates the owner in the case provided for in theArticle 16 of the Act of 3 June 2010 referred to above ;
(i) It ensures governance and, in particular, determines the technical and financial conditions of the authorizations to occupy its public domain;
(j) It prepares the recommendations made to the Syndicat des transports d'Ile-de-France to ensure the coherence of the service of the stations of the Grand Paris network by the surface transport in application of the III of Article 7 of the Act of 3 June 2010 referred to above and forwards them to this union after their approval by the Supervisory Board;
(k) He drafts the opinions intended for the representative of the State in the Ile-de-France region to prepare and put in coherence the territorial development contracts in application of the III of Article 7 of the Act of 3 June 2010 referred to above and coordinates the means implemented by the public institution to assist the said representative in this mission;
(l) It shall prepare the annual report under Article 15.
For the disposal of immovables by nature, the total or partial assignment of participations, the establishment of security rights, as well as bonds, endorsements and guarantees, the manager has an authorization from the supervisory board under conditions determined by the Articles R. 225-53 and R. 225-54 of the Commercial Code.
The directorate determines, if applicable within the limits set by the supervisory board, the use of funds exceeding the cash requirements and the placement of reserves.
The manager is responsible for the execution of the decisions of the supervisory board.
Each year, the directorate submits to the Supervisory Board a report on the situation of the public establishment and the progress made in the implementation of the overall outline of the public transport network by the Grand Paris automatic metro.
The Chair of the Supervisory Board prepares the Board's comments on the report.
The Director's report, together with the Board's comments, is sent to the Guardianship Ministers and to the Budget Minister by 30 May.
The directorate establishes a rules of procedure that organizes its operation.
The decisions of the Executive Board shall be taken by a majority of the members present, and the Executive Board shall deliberate only if at least two of its members are present, including the President.
In case of equal sharing of votes, the President's voice is preponderant.
The decisions of the Executive Board are recorded by minutes kept in a special register. These minutes are signed by the president. Copie is addressed to the Commissioner of Government.
The president of the board recruits, manages the staff, fixes his remuneration and has authority over him.
The president of the directorate represents the public institution Société du Grand Paris de plein droit before all courts and for all acts of civil life.
It has the power to enter into transactions under the conditions set out in sections 2044 et seq. of the Civil Code and within the limits set by the Supervisory Board. Transactions are subject to the prior agreement of the Commissioner of the Government and the authority responsible for economic and financial control over a threshold established by the Supervisory Board.
It carries out purchases and passes markets or processed.
It is a revenue and expenditure order.
The Chairman of the Executive Board may, under his responsibility and in all matters, delegate his signature to the members of the Executive Board; it may also delegate it to one or more officers of the institution in their field of competence and responsibility.
The Chairman of the Board shall designate among the members of the board who shall exercise his or her plea in the event of absence or incapacity. It communicates this decision to the President of the Supervisory Board and the Commissioner of the Government. This designation is made by the Guardianship Ministers in the event of the vacancy of the office of the Director.
Acts of a regulatory nature taken by the supervisory board or the directorate are published by way of registration in a register made available to the public at the headquarters of the public institution Société du Grand Paris and electronically.
Registration is certified by the director.
Strategic Committee V of Article 8 of the Act of 3 June 2010 referred to above is composed as follows:
1° A representative of each of the communes whose territory is, for all or part, included in the right-of-way infrastructure of the public transport network of the Grand Paris defined by the outline approved by the decree provided for in thebefore the last paragraph of Article 2 of the Act of 3 June 2010 referred to above ;
2° A representative of each public institution of competent inter-communal cooperation in the area of development or urban planning, of which at least one of the member communes has a representative under the 1°;
3° A representative of each of the signatories to the territorial development contract provided for in theArticle 21 of the Act of 3 June 2010 referred to above having no representative in this committee under the 1st;
4° A representative of each public intercommunal cooperation institution signatory to the territorial development contract provided for in theArticle 21 of the Act of 3 June 2010 referred to above not having a representative in this committee under the 2nd;
5° Two deputies appointed by the President of the National Assembly;
6° Two senators appointed by the Speaker of the Senate;
7° A representative of each of the departmental or interdepartmental and regional chambers of commerce and industry of Ile-de-France designated by each of these chambers;
8° A representative of the Chamber of Crafts and Crafts of Ile-de-France designated by this chamber;
9° Three representatives of trade union organizations designated by the regional economic, social and environmental council of Ile-de-France;
10° Three representatives of professional organizations designated by the regional economic, social and environmental council of Ile-de-France.
Representatives mentioned in 1° and 3° are designated by the municipal council of the municipality they represent. The representatives mentioned in 2° and 4° are designated by the deliberative body of the public intercommunal cooperation institution they represent.
Representatives referred to in 1° and 2° shall be designated within six months of the publication of the decree provided for inArticle 2 of the Act of 3 June 2010 referred to above carrying an overview of the public transport network of the Grand Paris.
The representatives mentioned in the 3rd and 4th are designated within six months of the signing of the territorial development contract under which they sit in the strategic committee.
The other members are appointed within six months of the publication of this Order.
In January of each year, the representative of the State in the Ile-de-France region publishes the nominative list of members of the committee.
The terms of reference of the members of the strategic committee are five years renewable. The functions of the members of the committee appointed pursuant to 1° to 6° cease with the elective mandate of which they are invested.
The strategic committee designates its president.
The President is designated for a term of five years. His mandate is renewable.
The vote shall be held by secret ballot under the presidency of the outgoing president or, if not, the dean of age. If, after two ballots, no candidate obtained an absolute majority, a third ballot shall be taken and the appointment or designation shall be made by a relative majority. On an equal basis, the appointment or designation is acquired to the oldest.
The Strategic Committee meets on the convocation of its Chair on an agenda set by the Chair.
It adopts its rules of procedure, which determines, inter alia, the modalities for the organization of debates and the allocation of time during meetings.
He proposes to the Supervisory Board the terms and conditions for the dissemination of the opinions and proposals he makes.
It deliberates by a majority of members present or represented.
A member may give a written mandate to another member to represent him.
The deliberations referred to in b, c and d of Article 9 shall be subject to the approval of the Ministers of Guardianship and Budget. The approval shall be deemed to be acquired within the month following the receipt by these Ministers of the above-mentioned deliberations, calculated from the later date.
I. ― No agreement may, without the authorization of the supervisory board, be entered into directly or by person interposed between the public institution Société du Grand Paris and a member of the board or the directorate or between the institution and a corporation or agency that a member of the supervisory board or the supervisory authority controls within the meaning of theArticle L. 233-3 of the Commercial Code, or of which he is a shareholder with a vote of more than 5%, or of which he is responsible, manager, administrator, or, in general, manager.
II. - The provisions of I are not applicable to conventions relating to routine and normal operations. However, these last conventions are communicated by the interested member of the Supervisory Board or the Director to the President of the Supervisory Board, the Commissioner of Government and the Economic and Financial Control Authority. The list of these conventions and their purpose shall be communicated by the President to the members of the Supervisory Board and the auditors.
III. ― Where the Commissioner of the Government or the Economic and Financial Control Authority considers that a member of the Supervisory Board or Management Board may be exposed to the application of theArticle 432-12 of the Criminal Codehe shall inform the interested member and the chair of the supervisory board in writing.
IV. ― The member of the supervisory board or the interested director shall, by registered letter with notice of receipt, inform the chair of the supervisory board, the Commissioner of the Government and the authority responsible for economic and financial control as soon as he or she is aware of a convention to which the I is applicable.
This member cannot attend deliberation or take part in the vote and is not counted for the calculation of the quorum and majority. It also refrains from participating, as a member of the Supervisory Board or the Director, in all acts related to the negotiation and conclusion of the Convention.
The President of the Supervisory Board shall inform the auditors of any authorization for a convention. The auditors present, on these conventions, a special report to the Commissioner of Government and the authority responsible for general economic and financial control.
Without prejudice to the responsibility of the person concerned, the conventions referred to in I and concluded without authorization of the supervisory board may be declared null by the supervisory board or by joint decision of the Minister for Development of the Capital Region and the Minister for Economics, within three years from the date of the convention or, if the facts making the I applicable to the convention have been concealed, as of the day the facts are revealed.
Le préfet de la région Ile-de-France, prefect de Paris, est le Commissaire du Gouvernement auprès de l'établissement public Société du Grand Paris. In the event of absence or incapacity, the Regional Prefect is begged by the Secretary General for Regional Affairs.
The Government Commissioner represents the State. It monitors the general direction of the activity of the establishment and of the companies of which it holds directly or indirectly more than half of the social capital or voting rights at the general meeting of shareholders.
For the execution of his mission, the Commissioner of the Government has all the powers of investigation on exhibit and on site.
The Commissioner of the Government may attend the meetings of the Supervisory Board, the Strategic Committee and all committees established within them. To this end, the summonses, together with the agendas, the minutes and all other documents are sent to him at the same time as to other members of these bodies.
The Commissioner of the Government has the right to request, at any time, the meeting of the Supervisory Board and the inclusion of an item on the Council's agenda.
The Commissioner of the Government shall notify the Supervisory Board of the Government's advice on the management of the establishment. It shall make any observations or recommendations that it considers consistent with the general interest.
The Commissioner of the Government may object to any decision of the Supervisory Board, with the exception of deliberations submitted for approval by the Ministers of Guardianship and Budget pursuant to section 24. For this reason, it shall have a period of fifteen days following the meeting of the deliberative body if it or the Commissioner of the Deputy Government attended or, failing that, following the receipt of the proceedings. His opposition must be motivated. It reports immediately to the Ministers of Trustees and the Minister of Budget. In the absence of express confirmation, by one of these Ministers, within one month of the notice of opposition to the Ministers, the Minister shall be deemed to be lifted.
The Commissioner of the Government may object under the same conditions to any decision of the legislative body of companies whose public establishment directly or indirectly holds more than half of the social capital or voting rights at the general meeting of shareholders.
The Commissioner of the Government may object to any decision of the Director having the effect of creating a new expenditure or decreasing a revenue whose amounts are greater than a threshold fixed by a Budget Minister's order, provided that these decisions are not the application of a prior deliberation of the Supervisory Board or the Director's Office. It has a period of eight days after the reception of the deliberation. His opposition must be motivated. It reports immediately to the Ministers of Trustees and the Minister of Budget. In the absence of express confirmation, by one of these Ministers, within fifteen days of the notice of opposition to the Ministers, the Minister shall be deemed to be lifted.
The Economic and Financial Control Authority is designated by the Ministers responsible for the Economy and Budget.
The competence of the authority responsible for economic and financial control shall be exercised in the same manner on those of companies whose public establishment directly or indirectly holds more than half of the social capital or voting rights at the general meeting of shareholders.
The Economic and Financial Supervisory Authority shall assist in the meetings of the Supervisory Board, the Strategic Committee and all committees established within them. To this end, the summonses, together with the agendas, the minutes and all other documents are sent to him at the same time as to other members of these bodies.
The expenses of the establishment include:
1° Personnel costs;
2° Operating costs;
3° Expenses for the acquisition of movable and real property;
4° Equipment and investment expenses;
5° In general, all the expenses necessary to carry out his duties.
The public institution Société du Grand Paris is subject to the financial and accounting regime defined by the provisions of this title, as well as articles 151 to 153-1 and 190 to 225 of Decree No. 62-1587 of 29 December 1962 referred to above.
The public institution Société du Grand Paris is subject to the provisions of Decree No. 55-733 of 26 May 1955 referred to above.
The accounting officer of the institution is appointed by order of the Minister responsible for the budget after notice of the supervisory board. He attends the meetings of the Supervisory Board.
Secondary accountants may be designated by the Director after notice of the Chief Accountant.
The financial account shall be decided by the deliberative body and shall be submitted for approval to the ministers of trusteeship and the Minister responsible for the budget before March 31 following the end of the fiscal year for approval, subject to the conditions prescribed by the Decree No. 99-575 of 8 July 1999.
Analytical accounting is maintained by the accounting officer or under his control, according to a plan prepared by the manager's president and approved by the guardianship ministers and the budget minister.
It distinguishes operations carried out on behalf of the State and those carried out on behalf of other order donors.
A statement reflecting the results of accounting is attached to the financial account to the Ministers of Trusteeship.
I. ― For approval by the supervisory board, the directorate determines and submits to the supervisory board the forecasting statement for the following fiscal year, concerning the expenditures and revenues of the operation and capital transactions.
The forecasting state is transmitted to the ministers responsible for the development of the capital region, the economy and the budget before December 1 of the year before the opening of the fiscal year.
II. – The forecasting state has two separate sections, one for operating expenses and revenues, the other for capital transactions.
The forecast statement of income and expenditure is prepared by calendar year.
Capital transactions can result in phased execution forecasts over several years.
III. ― If the forecast statement of revenues and expenditures is not yet approved at the opening of the fiscal year, the directorate may nevertheless, unless opposed by the authority responsible for economic and financial control, within the limits of the resources available to that effect, the previously authorized expenditures and order the corresponding payments.
It may, within the limits of the forecasts adopted by the Supervisory Board and the appropriations approved for the previous year, commit, except as opposed to the Economic and Financial Control Authority, the expenses necessary for the continuity of management.
IV. ― Changes in the recognized forecast state required during the fiscal year are determined and approved in the same form as this condition.
V. ― In the course of the year, a follow-up to the performance of the forecast state, including an analysis by post of variances with the forecast, is communicated to the Supervisory Board at least twice a year.
It may be instituted in the establishment of income and advance authorities under the conditions set out in the amended Decree of July 20, 1992 on income-generating authorities and on the advances of public bodies.
I. ― The decision to transfer the management of a building dependent on the public domain of the State, as provided for in Article L. 2123-3 of the general code of ownership of public persons, for the benefit of the public establishment Société du Grand Paris falls within the competence of the prefect of the Ile-de-France region, or if it concerns the military public domain of the military authority. It is taken after notice of the departmental director of public finances.
When the decision to transfer management concerns a building that is dependent on the public domain of a public institution of the State, the decision is taken by the competent authority of the institution.
The transfer of management may result in the passing of a convention, which sets out, as appropriate, the applicable rules of management and the technical and financial terms of the transaction.
II. ― The decision to transfer the management of a building that is dependent on the public domain of a territorial community, a grouping of territorial authorities or one of their public institutions, as provided for in Article L. 2123-3 of the General Code of Public Ownership, for the benefit of the public institution Société du Grand Paris is taken by deliberation of the relevant legislative assembly.
III. ― When the transfer of management ends under the conditions set out in section L. 2123-3 of the general code of public property, the termination of the assignment and the return of the building to the public owner are found contradictoryly by the representatives of the public concerned.
IV. ― For the purposes of Article L. 2123-4 of the General Code of Public Ownership, when considering changes in the allocation of public domain dependency, for the benefit of the Société du Grand Paris public establishment, the Prefect of the Ile-de-France region shall consider its intention to the territorial community, the grouping of territorial authorities or the public establishment that owns this dependency.
The communicated file specifies the purpose, motives and essential features of the project, in order to establish that the proposed change in public domain assignment meets a general interest.
The file also refers to the various prior procedures that the authority requesting the transfer had followed to allow the planned operation to be carried out.
The public owner has a period of two months from the date of receipt of the project to accept or refuse the transfer of management.
The lack of a response within this period is to refuse to consent to the transfer of management.
V. ― In the absence of an agreement under the conditions set out in subsection IV, the prefect shall notify the public person who owns the public domain. This decision is published in the compendium of administrative acts in the region.
VI. ― Where the transfer of management of a building that is dependent on the public domain of the State is compensable pursuant to Article L. 2123-6 of the General Code of Public Ownership, the Regional Director of Public Finance shall determine the amount of compensation paid to the recipient public.
VII. ― The provisions of this section shall apply to the entry into force of the regulations of the general code of public ownership pursuant to sections L. 2123-3 to 6 of that code.
The first meeting of the Supervisory Board shall be held within one month of the date of publication of this Order.
It is convened by the prefigurator appointed under the VIII of Article 8 of the Act of 3 June 2010 referred to above. The prefigurator sets out its agenda, which includes at least the designation of its president, the record of its acts and decisions, the adoption of its rules of procedure and the approval of the general guidelines provided for in section 38.
At the first meeting of the Supervisory Board, the President and Vice-Chair shall be elected.
The provisions of the second sentence of the fourth paragraph of Article 5 shall not apply to the first meeting of the Supervisory Board.
The public institution Société du Grand Paris is validly constituted and competent as of the first supervisory board of the institution under the conditions provided for in this decree.
The prefigurator shall exercise all the powers vested in the directorate and the president of the public institution Société du Grand Paris from the date of publication of this decree and until the end of its functions, organized by the VIII of Article 8 of the Act of 3 June 2010 referred to above.
All contracts, conventions, contracts contracted by the prefigurator in the exercise of his mission are transferred to the public institution Société du Grand Paris from the date of its constitution.
Contracts concluded by the State, or in the course of attribution, may be transferred to this public institution as long as they relate to the preparation of the public debate provided for by theArticle 3 of the Act of 3 June 2010 referred to above.
The contracts covered by this provision are subject to a ministerial transfer order. Credits allowing the liquidation of the commitments made by the State in these markets are subject to a grant to the Société du Grand Paris.
The holder of a contract so transferred shall not avail himself of any damage to the transfer alone.
For the implementation of theArticle 3 of the Act of 3 June 2010 referred to above, the directorate of the public institution Société du Grand Paris prepares the file for the public set out in II of this article, submits the general guidelines to the approval of the institution's supervisory board, and then forwards it to the National Public Debate Commission.
The directorate responds to requests for the addition of elements made by the National Public Debate Commission or issues reasoned refusals to transmit these elements.
At the end of the public debate provided for in section 3 of the above-mentioned Act, the proposed motivated act referred to in section V of the same section is prepared by the directorate who submits it to the approval of the supervisory board and publishes it.
Upon expiry of the six-month period from the publication of the decree in the Council of State provided for in thebefore the last paragraph of Article 2 of the Act of 3 June 2010 referred to above, the members of the strategic committee that have been designated pursuant to section 21 of this Order are gathered by the Chair of the Supervisory Board to, inter alia, elect the Chair of the Committee.
This decree may be amended by decree in the Council of State, with the exception of the first paragraph of Article 7 and the first paragraph of Article 12. Article 1 may be amended by decree.
The Prime Minister, the Minister of State, the Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of Economy, Industry and Employment, the Minister of Interior, Overseas and Territorial Communities, the Minister of Budget, Public Accounts and Reform of the State, and the Minister of the Republic of France,
Done in Paris, July 7, 2010.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
Minister of Economy,
industry and employment,
Christine Lagarde
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Budget, Public Accounts
and state reform,
François Baroin
Minister of Rural Space
and landscaping,
Michel Mercier
