Key Benefits:
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing,
In light of Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public enterprises and financial transparency in certain enterprises;
Considering the construction and housing code, including articles L. 142-1, L. 142-2 and R.* 142-1 to R.* 142-14;
Vu la Act No. 83-675 of 26 July 1983 the democratization of the public sector, including articles 5 and 15;
Vu la Act No. 84-834 of 13 September 1984 relating to the age limit in the public service and the public sector, including articles 1 and 7;
Vu le Decree No. 55-733 of 26 May 1955 amended on the economic and financial control of the State;
Vu le Decree No. 62-1587 of 29 December 1962 amended by-law on public accounting;
Vu le Decree No. 92-681 of 20 July 1992 amended to deal with advances and revenue streams of public bodies;
Vu le Decree No. 94-582 of 12 July 1994 amended on the advice and leadership of public institutions, public sector enterprises and certain private enterprises;
The State Council (section of public works) heard,
Decrete:
Sections R. * 142-1 to R. * 142-14 of the Construction and Housing Code are replaced by the following:
"Art. R. 142-1.-I. ― For the accomplishment of the missions of general interest assigned to it by section L. 142-1, the Scientific and Technical Centre of the Building, an industrial and commercial public establishment under the authority of the Minister responsible for the construction, is to:
"to carry out or carry out research on technology, economy, environment, energy performance, health quality, sociology and, more broadly, sustainable development in construction and habitat;
"to conduct, on behalf of the construction minister and other departments, studies that contribute to the definition, implementation or evaluation of public policies in the field of construction and habitat. In particular, it participates in the work of a commission, established with the Minister responsible for the construction by order of the Minister, and is responsible for formulating technical advice and technical application documents on processes, materials, elements, or equipment used in the construction, when their novelty or that of the employment that is done requires collective expertise to assess their suitability.
"It contributes to the dissemination and enhancement of scientific and technical knowledge in the field of housing and sustainable construction produced as part of its research and studies, through publications and other appropriate measures, including standardization. It also participates in international technical cooperation activities related to housing and construction, in liaison with interested services and under the supervision of the Minister responsible for construction. It may be entrusted with all missions related to these same subjects in the international field.
"II.-Parallelment to its general interest missions described in Article L. 142-1, the Building Science and Technology Centre assists organizations, groupings, communities and natural or legal persons seeking it for missions related to the purpose of its activities, including through the provision of education, counselling, testing and certification services.
"Art. R. 142-2.-The board of directors of the Scientific and Technical Centre of the building is composed of eighteen members:
« 1° Six representatives of the State appointed by decree on the report of the Minister responsible for construction, on respective proposals:
“– the Minister responsible for construction;
"– the Minister responsible for architecture;
"– the Minister responsible for the environment;
"– the Minister for Industry;
“– the Minister for Scientific and Technical Research;
“– the Minister for Civil Security;
« 2° Six personalities appointed by decree and chosen under the conditions provided for in the 2° of Article 5 of Act No. 83-675 of 26 July 1983 the democratization of the public sector;
« 3° Six representatives of employees elected in accordance with the provisions of Chapter II of Title II of the Act.
"Art. R. 142-3.-I. ― The term of office of the board members is five years. They cannot exercise more than three consecutive mandates.
"The holidays by death, resignation and for any other cause are brought by the Chairman of the Board of Directors to the attention of the Minister responsible for construction. The Council shall take the necessary measures to ensure the replacement of members who have ceased to be a member of the Board for the remaining time to be held until the full renewal of the board.
"The directors who, without legitimate reasons, do not attend four consecutive sessions of the board of directors are considered to be resigned.
"Representatives of employees must meet the conditions set out in Article 15 of Act No. 83-75 of 26 July 1983. Other members of the board of directors must enjoy their civil and political rights.
"Each employee representative has an hour credit equal to fifteen hours per month to exercise his or her mandate.
"The members of the board of directors, with the exception of the president, shall exercise their functions free of charge. However, travel and residence expenses may be reimbursed to members of the board of directors under the conditions prescribed by the regulations applicable to State officials.
"A member of the board of directors may give a written mandate to another member of the board of directors to represent him at a session. One member can only hold one term.
"II.-Members of the Board of Directors shall send to the Commissioner of the Government placed with the Centre, 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 covenant of solidarity in organizations or societies, including the societies they control or control within the meaning ofArticle L. 233-3 of the Commercial Code, which may, by virtue of their sector of activity, conclude agreements with this public institution;
“—the list and the 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 board of directors until he has fulfilled this obligation, unless he has justified his temporary impossibility to do so.
"Each year, the Commissioner of the Government verifies to members of the Board of Directors that they have notified him of the changes in the elements contained in his statement.
"The information provided is confidential. However, the Commissioner of the Government shall communicate to the member of the Economic and Financial Control who attends the meetings of the Board of Directors the statements made by the members of the Board and the amendments made thereto.
"Members of the Board of Directors cannot take part in the deliberations of a matter to which they have a personal interest.
"They are required to maintain absolute discretion over the deliberations in which they participate.
"The same obligation applies to any person attending the board of directors.
"Art. R. 142-4.-The chair of the board of directors shall be appointed by order after notice of the Minister responsible for the construction among the members of the board, after consultation with the board.
"He is responsible for the policy of the Building Science and Technology Centre, which defines general and strategic directions after consultation with the Board of Directors.
"He is the main sponsor of expenses and revenues.
"The Chair of the Board of Directors prepares and executes the Centre's budget with the Director General.
"He represents the centre in justice and in all acts of civil life and in his relations with third parties.
"It ensures the relations of the institution with French, foreign and international administrations and organizations associated with its activities.
"He prepares the Board of Directors' deliberations and ensures that they are carried out.
"He is assisted by a Director General to whom he can delegate his signature and part of his powers.
"Art. R. 142-5.-The Minister responsible for construction shall appoint to the Scientific and Technical Centre of the building an official from his department to serve as Commissioner of the Government.
"The Commissioner of the Government is kept regularly informed of the projects and activities of the Centre and receives the necessary documents for this purpose.
"He attends the sessions of the board of directors without taking part in the vote.
"It may suspend the conduct of the board's deliberations until the Minister's decision on the construction is taken.
"The decision must take place within one month of receipt by the Minister of Deliberation of the Board of Directors.
"After this period, counsel's deliberation becomes enforceable.
"Art. R. 142-6.-The board of directors shall meet on the convocation of its president at least three times a year. The President is also required to convene the Council at the request of three of its members or the Commissioner of the Government.
"The Chair shall prepare the agenda for each session that is notified to Council members at least ten days in advance, together with the preparatory documents for the meeting.
"The Government Commissioner, the Economic and Financial Supervisory Member and the Accounting Officer have access to the Board of Directors' meetings with an advisory voice. To this end, summonses accompanied by the agendas, minutes and other documents are sent to them together with other members of the board of directors. The President may also call to participate in the meetings, with an advisory voice, any person whom he considers to be of a useful presence.
"The board of directors can only validly deliberate when at least half of its members in exercise attend the session, is represented or participates in the session by means of videoconference or electronic communication allowing the identification of its members and their effective participation in a collegial deliberation. If the quorum is not reached, the council shall again be convened on the same agenda within a maximum of fifteen days. It then deliberates validly whatever the number of members present.
"The deliberations of the Council shall be adopted by a majority of the members present or represented or participating in the meeting by means of videoconference or electronic communication under the conditions specified in the fourth paragraph. In the event of equal sharing of votes, the president's voice is preponderant.
"A report is prepared for each session of the Board of Directors. It is signed by the president and the secretary of the meeting.
"The Commissioner of the Government shall have a period of ten days after notification of the minutes of the meeting to inform the President of his opposition to the deliberation of the board of directors and transmit the latter to the Minister responsible for the construction.
"Art. R. 142-7.-The Director General shall be appointed by order of the Minister for Construction on the proposal of the President.
"The Minister shall terminate his duties after taking the advice of the President.
"Art. R. 142-8. Under the authority of the President, the Director General is responsible for the scientific, technical, administrative and financial management of the Centre.
"He assists the Chair in the preparation of the budget and deliberations of the Board of Directors and takes all necessary measures to carry out the deliberations of the Board and the operation of the Centre.
"He manages the staff of the centre.
"He attends meetings of the board of directors with an advisory voice.
"He may delegate his signature and a portion of his or her powers to agents designated to perform administrative or scientific responsibility in the establishment. These agents can themselves delegate their signature.
"The Director General shall perform the functions set out in R. 142-4 in the event of a vacancy of the Presidency.
"Art. R. 142-9.-The board of directors shall rule by its deliberations the affairs of the institution. The deliberations include:
« 1° General conditions for the organization and operation of the establishment;
« 2° The general curriculum for studies and research;
« 3° The draft objective contract with the State;
« 4° General programmes of activities and investment;
« 5° Statement of income and expenditure forecasts for each twelve-month period beginning January 1;
« 6° The financial account and the allocation of results;
« 7° Staffing of different categories of staff;
« 8° General conditions of recruitment, employment and remuneration of staff;
« 9° Projects to purchase and sell assets, collateral, mortgages or borrowings, acceptances of donations and bequests;
« 10° Justice actions;
« 11° Creations of subsidiaries and seizures, extensions or transfers of financial participations;
« 12° Transactions;
« 13° Annual Activity Report;
« 14° Any questions relating to the purpose of the establishment submitted to it by the Minister for Construction.
"The board of directors may, under the conditions and limits that it determines, delegate to the president, all or part of its powers under 2°, 7°, 10° and 13°. The Chair shall report, at the nearest meeting of the Board of Directors, on the decisions taken in these delegations.
"The deliberations mentioned in the 5th, 6th and 9th are subject to the approval of the ministers responsible for the construction and budget. They are enforceable as soon as they are approved. The silence kept by these ministers for one month from the later date of receipt of the deliberations is approved.
"When one of them requests, in writing, additional information or documents, it shall have a period of one month from the date of receipt of such information or documents to make known, if any, its opposition.
"Art. R. 142-10.-It is established at the Centre scientifique et technique du building an advisory committee to advise on any scientific or technical matters that may be submitted to it by the Minister or the President or the Director General of the Centre, with a view to ensuring coherence between the various studies and research conducted, their applications and investments.
"This committee is obligatoryly consulted on the general program of study and research referred to in 2° of section R. 142-9.
"The composition of the committee is determined by an order of the Minister responsible for construction; it may include officials and private persons chosen by virtue of their competence, including research.
"He may hear any expert he wishes to consult before issuing a notice.
"Art. R. 142-11.-The resources of the Building Science and Technology Centre include:
« 1° State and public and private payments in the form of grants, especially in research;
« 2° Compensation, in particular in the form of a convention, work on the definition, implementation and evaluation of public policies in the field of construction and housing undertaken on behalf of the State pursuant to the missions of general interest defined in article R. 142-1;
« 3° Compensation for services rendered;
« 4° The product of sales of the center editions;
« 5° Donations and bequests, contributions and, in general, all authorized financial assistance and contributions;
« 6° The income of the goods and values belonging to it;
« 7° Asset disposal products to third parties;
« 8° The proceeds of the borrowings subject to the agreement of the Minister responsible for the budget and the Minister responsible for the construction, after advice of the member of the economic and financial control;
« 9° All other resources related to its missions and activities.
"The institution is authorized to place its funds available under the conditions set by the Minister responsible for the budget.
"Art. R. 142-12.-The accounting officer of the Scientific and Technical Centre of the Building, placed under the authority of the President, shall be appointed by order of the Minister for Construction and the Minister for Budget.
"Art. R. 142-13.-The expenses of the establishment include:
« 1° Personnel costs;
« 2° Operating costs;
« 3° Expenses for the acquisition of movable and real property;
« 4° In general, all the expenses necessary to carry out his duties.
"Art. R. 142-14.-The financial and accounting functioning of the Scientific and Technical Centre of the building is provided under the conditions provided for in articles 151 to 153 and 190 to 225 of amended Decree No. 62-1587 of 29 December 1962 on the General Regulations on Public Accounts.
"The centre's financial and accounting regime is specified or supplemented as necessary by the financial and accounting regulations agreed jointly by the Minister responsible for the budget and the Minister responsible for the construction, which provide, inter alia, the conditions under which the establishment must disclose in its accounting, in a separate manner, the operations under section R. 142-1, II.
"Recipients and expenses may be created under the conditions established by the Decree No. 92-681 of 20 July 1992 relating to revenue-based authorities and public bodies' advances.
"The scientific and technical center of the building is subject to the economic and financial control of the state provided by the Decree No. 55-733 of 26 May 1955 amended on the economic and financial control of the State. »
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Budget, Public Accounts, Public Service and State Reform, Spokesperson of the Government, and the Secretary of State to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for housing, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 14 June 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
Secretary of State
to the Minister of Ecology,
Sustainable Development,
Transport and housing,
Housing Officer
Benoist Apparu
