Key Benefits:
Publics concerned: Public Establishment of the Dorée Gate - National City of Immigration History and Aquarium of the Dorée Gate.
Subject: connection of the Dorée door aquarium to the Dorée door public establishment - National city of immigration history.
Effective January 1, 2012.
Notice: The purpose of this decree is to link the aquarium located in the Palace of the Dorée Gate, currently a national service of the Ministry of Culture and Communication, to the Public Establishment of the Dorée Gate - National City of Immigration History.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Culture and Communications,
Considering the environmental code, including articles L. 413-2 and R. 413-3 to R. 413-7;
Considering the general code of public ownership, including articles L. 1121-2 and L. 1121-3;
Vu le Heritage Codeincluding his book IV;
Vu le Decree No. 2006-1388 of 16 November 2006 creating the Public Establishment of the Dorée Gate - National city of immigration history;
Vu le Decree No. 2010-1035 of 1 September 2010 concerning the duration of the mandates of the leaders and the functioning of the governing bodies of some of the State public institutions;
Vu le Decree No. 2011-52 of 13 January 2011 relating to the Public Establishment of the Meeting of National Museums and the Grand Palais des Champs-Elysées;
Considering the advice of the Technical Committee for the Public Establishment of the Dorée Gate - National City of Immigration History of November 18, 2011;
Having regard to the advice of the Technical Committee of the General Heritage Directorate dated 9 December 2011;
The State Council (inland section) heard,
Decrete:
The above-mentioned decree of 16 November 2006 is amended in accordance with articles 2 to 21 of this decree.
In the title, the words: "Producing the Public Establishment of the Dorée Door - The National City of Immigration History is replaced by the words: "Regarding the Public Establishment of the Palace of the Golden Gate".
Section 1 is amended as follows:
1° The words: "Public Establishment of the Dorée Gate - National City of Immigration History" are replaced by the words: "Public Establishment of the Dorée Door Palace";
2° After the first preambular paragraph, a sub-item reads as follows:
"It includes the National City of Immigration History and the Aquarium. »
Section 2 is replaced by the following provisions:
"Art. 2.-The institution has the following tasks:
« 1° As a whole constituted by the National City of Immigration History and the Aquarium:
"(a) To preserve, manage and enhance the cultural and heritage set of the Palace of the Golden Gate;
“(b) Promote the insertion of this whole in its environment;
"(c) To ensure, by any appropriate means, the widest possible reception of the public, to develop the attendance of its exhibition spaces, its resource centre, its public equipment, to promote the dissemination and knowledge of the collections and funds it has in its custody, to design and implement educational and dissemination actions aimed at ensuring equal access to culture in its areas of competence;
"(d) Ensure scientific study of the collections and funds mentioned in the preceding paragraph, including through research programs;
“e) Undertake, host or stimulate, where appropriate with other partners, any activity, initiative and event related to its object, including cultural and artistic programming, public debate, information, educational action and research;
« 2° Under the Cité nationale de l'histoire de l'immigration : assembling, safeguarding, highlighting and making accessible the elements relating to the history of immigration in France, especially since the 19th century; thus contribute to the recognition of the paths of integration of immigrant populations into French society and to change the eyes and minds on immigration in France.
"As part of the scientific and cultural project of the City, he is responsible for:
“(a) Designing and managing the National Museum of Immigration History and Cultures, responsible for maintaining and presenting to the public collections belonging to the State representative of the history, arts and cultures of immigration, including through temporary exhibitions;
"(b) Conserve, protect and restore for the State the cultural property listed on the inventory of the National Museum of History and Cultures of Immigration, of which it has custody and contribute to the enrichment of the national collections by the acquisition of cultural property on behalf of the State, as expensive or free of charge;
"(c) Collect in a resource centre documents and information of all kinds, covering the history and cultures of immigration, as well as the integration of the people who come from it, including in their economic, demographic, political and social dimensions, and disseminate them, in particular by digital means, to the public and professionals;
"(d) Develop and maintain a network of partners throughout the territory, consisting of associations, territorial authorities, scientific and cultural institutions and any other public or private organization pursuing similar objectives;
« 3° Under the aquarium: conserve, develop and present tropical aquatic fauna and flora and raise public awareness of the conservation of species and biodiversity in aquatic environments.
"As part of the scientific and cultural project of the aquarium, he is responsible for:
“(a) Present to the public the aquatic fauna and flora of the intertropical zone;
“(b) Initiate young audiences to the concepts of biodiversity, biogeography, species adaptation and environmental protection;
"(c) Participate in aquatic species conservation actions;
"(d) Preserve, manage and enhance its living collections through temporary exhibitions, educational activities in the spaces it is dedicated to, inter alia, the National Museum of Natural History. To this end, the aquarium has premises adapted to the specificities of its operation. "
The last paragraph of Article 3 is deleted.
Article 4 is supplemented by the words: ", which takes into account the respective missions of the institution under the National City of Immigration History and under the aquarium. "
Section 5 is replaced by the following:
"Art. 5.-The Palace of the Dorée Gate and the other buildings belonging to the State necessary for the exercise of the missions provided for in this decree are made available to the public institution by a convention of use concluded under the conditions provided for in articles R. 2313-1 to R. 2313-5 and R. 4121 of the general code of ownership of public persons.
"The establishment is responsible for the management of state buildings that have been handed over to it or are made available to it. He is the master of the construction, restoration, repair and maintenance of these buildings and is responsible for the corresponding costs. »
Sections 6 and 7 are repealed.
Section 9 is replaced by the following:
"Art. 9.-The cultural property mentioned in the 2nd of Article 2 and in Article 8 as well as the collections mentioned in the 2nd and 3rd of Article 2 are part of the public domain of the State and are, as such, inalienable.
"The Minister responsible for culture may, after notice of the board of directors and the board of direction of the institution, as well as the artistic council of the national museums, make changes in the allocation between the institution and the national museums mentioned in Book IV II of the Heritage Code, of all or part of the cultural property and collections mentioned in the b of the 2nd of Article 2 of which the institution has custody, including those acquired under the provisions of 8. »
Section 10 is amended to read:
1° The seventh and eighth preambular paragraphs are replaced by two sub-items:
« ― The Director responsible for reception and integration in the Ministry of Interior or his representative;
"—the director responsible for immigration to the Ministry of Interior or his representative";
2° The tenth and eleventh preambular paragraphs are replaced by two sub-items:
"– the Director responsible for water and biodiversity in the Ministry responsible for the environment or its representative;
"–the director general of the national museum of natural history or its representative";
3° In the fourteenth paragraph (3°), the words: "by the Prime Minister on a joint proposal of the ministers responsible for guardianship" are replaced by the words: "the ministers responsible for integration, culture, national education and research, respectively."
In section 11, the word "public servants" is replaced by the words "civil personnel".
In the sixth paragraph of Article 14, after the words: "the establishment" are inserted the words: "the secretary general, the director of the aquarium, the head of the collections and scientific activities of the National City of Immigration History".
Section 15 is amended to read:
1° At 1°, the words: "the scientific and cultural project that is adopted after notice" are replaced by the words: "the scientific and cultural projects of the National City of Immigration and Aquarium History, adopted after consultation";
2° 2° is thus written:
« 2° Activity reports that include an analytical budget presentation of the respective activities of the National City of the History of Immigration and the Aquarium";
3° At 7°, the words: " borrowings" are deleted;
4° After the sixteenth preambular paragraph (14°), a sub-item reads as follows:
« 15° Agreements for the use of buildings entered into pursuant to Article 5. »
In Article 17, the words: "for a period of three years renewable" are replaced by the words: "for a term of five years in which it may be renewed by periods of three years. "
Section 18 is amended to read:
1° After the fourteenth paragraph, the following paragraph is added:
"He consults beforehand the director of the aquarium on the draft deliberations of the board of directors that concern the missions mentioned in the 3rd of Article 2";
2° In the last paragraph, after the words: "In case" are inserted the words: "a vacancy or" and the words: "administrative and financial services" are replaced by the words: "secretary General".
After Article 18, an article 18-1 is inserted as follows:
"Art. 18-1. - The Secretary General of the institution is appointed by the Director General. Placed under the authority of the Director General, he is responsible for the administration and management of the institution. It prepares and implements the decisions of the Director General and the Board of Directors. It provides, by delegation of the Director General, the management of the facility's services. »
Section 19 is supplemented by three paragraphs as follows:
"He is appointed by order of the Minister for Culture on the proposal of the director general of the institution.
"In this capacity, he is responsible for the conservation, protection, restoration, management, development and presentation or provision of the collections on the inventories of the National City of Immigration History and the institution's documentary fund to the public and researchers.
"He carries out within the institution the scientific and cultural responsibility of the collections and of all the cultural property in which the institution has custody. »
After Article 19, an article 19-1 is inserted as follows:
"Art. 19-1. - The Director of the Aquarium shall be appointed by order of the Minister for Culture on the proposal of the Director General among qualified persons with a capacity certificate whose conditions of obtaining are defined by sections L. 413-2 and R. 413-3 to R. 413-7 of the Environmental Code.
“As such:
« 1° He is responsible for living collections, their monitoring and management, in accordance with the regulations of the Ministry of Ecology on the presentation of non-domestic animals to the public; the acquisitions necessary to enrich the collections;
« 2° It is responsible for the implementation of the scientific policy of the aquarium;
« 3° It develops the program of temporary exhibitions and cultural events of the aquarium;
« 4° It presents to the board of directors the annual balance sheet of the activities of the aquarium;
« 5° It develops and proposes to the Director General the cost estimates of the aquarium. »
Section 20 is amended to read:
1° The third paragraph (2°) is as follows:
« 2° Four colleges comprising thirty-two members: »;
2° After the sixth preambular paragraph, a sub-item reads as follows:
"(d) Six members form the college of the aquarium: the director of the aquarium, two representatives of the National Museum of Natural History, the president of the French society of ichtyology or his representative, the president of the union of the aquarium conservators or his representative, the director responsible for water and biodiversity in the ministry responsible for ecology, or his representative. » ;
3° It is added a paragraph to read:
"The representatives of the departments responsible for the guardianship of the institution may attend the advisory board. »
Section 21 is amended to read:
1° In the second paragraph (1°), the words: "on the proposal of the College of Professionals and Qualified Persons" are replaced by the words: "after the advice of the College of Professionals and Qualified Persons and the scientific and cultural project of the aquarium, after the advice of the college mentioned in the second paragraph of Article 20";
2° In the fourth paragraph (3°), the words: "the activity program of the institution" are replaced by the words: "the activity programs of the National City of Immigration and Aquarium History";
3° After the seventh preambular paragraph, a sub-item reads as follows:
"It is also consulted, in limited training at the aquarium college, on the scientific, cultural and educational activities of the aquarium. »
Section 23 is amended as follows:
1° The 5° is replaced by the following:
« 5° The proceeds of the concessions and the income of the immovables placed in endowment at the establishment or which are made available to it, as well as the royalties due under the authorizations for temporary occupation of the public domain of the State that has been given to it or that has been made available to it; » ;
2° The 16th becomes the 15th.
Until the Board of Directors is establishedarticle 10 of the decree of 16 November 2006 referred to above in its writing from this decree, the establishment is administered by the Board of Directors according to the date of entry into force of this Order.
Until the appointment of the official of the collections and scientific activities of the National City of the History of Immigration under the conditions fixed to thearticle 19 of the decree of 16 November 2006 referred to above in its writing from this decree, the person responsible for the collections and scientific activities of the institution according to the date of entry into force of this decree shall exercise the powers of the institution defined in the same article.
Until the appointment of the director of the aquarium, the head of the nationally competent service of the Dorée Door Aquarium in office on the date of entry into force of this decree shall exercise the powers of the latter as defined in article 19-1 of the aforementioned decree of 16 November 2006.
During the year following the coming into force of this decree, the Public Institution of the Meeting of National Museums and the Grand Palais des Champs-Elysées continues to ensure the missions provided for in a, b, c and e of 1° larticle 2 of the decree of 13 January 2011 referred to above with respect to the aquarium.
State-owned furniture and preserved by the national competence service of the Golden Gate, other than the collections mentioned in the 3rd of Article 2 of the Decree of 16 November 2006 referred to above, are transferred to the Public Institution of the Palais de la porte Dorée in all property and free of charge.
The transfer of property is recognized by agreements between the Public Institution of the Palace of the Golden Gate and the State.
The Institution is substituted for the State in the rights and obligations resulting from contracts, other than contracts of work, passed by the State for the fulfilment of the missions provided for in the 3° of Article 2 of the decree of 16 November 2006 referred to above in its drafting of this decree.
The Establishment shall be substituted for the State in the rights and obligations arising from the contracts made by the State for the realization and management of immovables and movable property, on the date of their availability by convention of use under the conditions laid down in articles R. 2313-1 to R. 2313-5 and R. 4121-2 of the general code of the property of public persons for the buildings mentioned in thearticle 5 of the decree of 16 November 2006 referred to above assigned to the aquarium and to the date of the conventions referred to in Article 25 of this decree for movable property.
This Order comes into force on 1 January 2012.
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Interior, Overseas, Territorial Authorities and Immigration, the Minister of National Education, Youth and Associative Life, the Minister of Budget, Public Accounts and State Reform, spokesperson of the Government, the Minister of Culture and Communication, and the Minister of Education
Done on 28 December 2011.
François Fillon
By the Prime Minister:
Minister of Culture
and communication,
Frédéric Mitterrand
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of National Education,
youth and associative life,
Luc Chatel
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
Minister of Higher Education
and research,
Laurent Wauquiez
