Key Benefits:
Publics concerned: professionals in the field of land transport, local authorities, representatives of civil society and state services.
Subject: creation of the High Council for Land Transport and Intermodality.
Entry into force: the decree comes into force on the day after its publication.
Notice: The Order provides that the Higher Council for Land Transport and Intermodality shall give notice to the Minister responsible for Transport on any matter relating to land and intermodal transport policies. It may take up any matter within its jurisdiction.
The council consists of elected representatives of companies and institutions involved in the field of land transport, representatives of employees, civil society and the State. It includes two trainings: one competent in the transport of persons, the other in the transport of goods.
The Higher Council for Land Transport and Intermodality replaces the National Transport Council and the Higher Council for Rail Public Service.
References: this decree, taken for the application of theArticle 251 of Act No. 2010-788 of 12 July 2010 national commitment to the environment can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing,
Considering the Civil Aviation Code, including articles D. 370-1 to D. 370-11;
Considering the environmental code, including articles L. 141-1 and L. 141-3;
Vu la Act No. 82-1153 of 30 December 1982 amended inland transport guidance, including section 16, together with Order No. 2010-1307 of 28 October 2010 on the legislative part of the transportation code, including Articles 7 and 9;
Vu le Decree No. 2002-647 of 29 April 2002 the composition, powers and organization of the High Council of the Merchant Navy;
Vu le Decree No. 2006-672 of 8 June 2006 modified on the establishment, composition and functioning of administrative advisory commissions;
Vu le Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs caused by the temporary movement of civil personnel of the State,
Decrete:
The Higher Council for Land Transport and Intermodality is placed with the Minister for Transport.
The Minister for Transport shall submit to the board the matters for which the consultation of the board is required by laws and regulations.
In addition, it may consult with the Council on all issues related to land and intermodal transport policies and on matters of European policy within its competence.
The Council may decide, by a majority of its members, to take up any matter within its jurisdiction.
The Minister may, after informing the Minister responsible for transportation, make public the notices he issues under this section.
The chair of the board shall be appointed for five years by order made on the report of the Minister for Transport.
To plead the chair in the event of absence or incapacitation, the Minister responsible for transportation shall designate one of the members of the board.
I. ― In addition to its President, the High Council for Land Transport and Intermodality comprises fifty-two members in five colleges:
1° The College of Representatives to the European Parliament, members of Parliament and local elected officials includes eight members:
a French representative in the European Parliament designated by the Prime Minister;
a member;
a senator;
an elected representative of a regional council designated by the Association of Regions of France;
an elected representative of a general council appointed by the Assembly of the departments of France;
a mayor appointed by the Association of Mayors of France;
- two elected representatives of urban transport organizing authorities designated by the Transport Authorities Group, including a representative of a public institution of inter-communal cooperation with specific taxation with competence in transport;
2° The College of Businesses and Institutions involved in land transport comprises seventeen members:
(a) Thirteen members appointed by the Minister for Transport on the proposal of professional organizations or interested bodies in the following areas:
- five representatives for road transport of goods and road transport of persons;
two representatives for urban transport;
- three representatives for rail freight transport and rail passenger transport;
- two representatives for river transport;
a combined transport representative;
(b) Four representatives of infrastructure managers:
– the president of Réseau ferré de France;
― the Director General of Waterways of France;
– a president of a large maritime port, designated by the Minister responsible for transport;
– the president of the French Association of Motorway Societies;
3° The Terrestrial Transport Employees College comprises eight members appointed by the Minister responsible for transport on the proposal of the national representative trade union organizations of employees in the transport sector;
4° The Civil Society College comprises ten members:
four representatives of the associations of passengers and goods transport users, appointed by the Minister for Transport;
- three representatives of associations, organizations or foundations referred to in section L. 141-3 of the Environmental Code, designated by the Minister responsible for transport;
- two qualified personalities in the field of land transport and intermodality, designated by the Minister for Transport;
a member of the Economic, Social and Environmental Council;
5° The College of State Representatives comprises nine members:
a member of the Council of State designated by the Vice-President of the Council of State;
a member of the Court of Auditors appointed by the first president of the Court of Auditors;
– the interdepartmental delegate to land development and regional attractiveness;
the Commissioner-General for Sustainable Development;
the Director General of Infrastructure, Transport and the Sea;
the Director General of Local Government;
– the Director General of Competitiveness, Industry and Services;
the Director General of Labour;
– the Director General of Customs and Indirect Rights.
Also participate in the work of the council with advisory vote the President of the High Council for Civil Aviation and the President of the High Council of the Merchant Navy or their representatives.
Central directors who are not members of the board, or their representatives, may attend, without a deliberative vote, meetings of the board when the matters of the Board are examined.
II. ― Council members mentioned in 1° of I shall be appointed for the duration of their term.
The members of the council referred to in (a) and (b) (b) (b) (b)(2°), 3°, 4° and the second and third paragraphs of 5°(I) shall be appointed for a period of five years.
For each incumbent member of the colleges mentioned in 1°, a fourth paragraph of 2°, 3°, 4° and the second and third paragraphs of 5° of I, an alternate member shall be appointed or designated under the same conditions.
I. ― The board includes:
1° A competent commission for persons transported;
2° A competent commission for matters relating to the carriage of goods.
II. Each committee is composed of members of the five colleges of the council.
The chair and members of each committee shall be appointed by order of the Minister for Transport on the proposal of the chair of the board.
The Chair of the Board shall be a member of each committee. He divides between the commissions the things he gives them.
The advice of a commission on a matter that was entrusted to it under the last paragraph of section 6 shall be in the opinion of the board.
The chair of each committee shall determine the agenda of the meetings in agreement with the chair of the board.
The board may establish, within it, working groups composed of members of the board, one of which has the capacity of president, designated by the chair.
The working group may hear any outside person whose hearing is likely to inform its work.
The Chair of the working group shall report to the Board on the results of his work. He may be assisted by a rapporteur. Rapporteurs before the council are chosen by the president either among the members of the council or among the agents of the State belonging to a class body A or assimilated, or among non-State agents performing equivalent functions.
When the board is consulted on a legislative or regulatory provision, the notice is deemed to have been rendered in the absence of an express notice issued within five weeks of its referral.
The Minister for Transport shall make available to the board the necessary means for its operation. The secretariat of the Board is provided by the General Directorate of Infrastructure, Transport and the Sea.
Members of the board are free of charge. They may be reimbursed for their travel and residence expenses under the conditions prescribed by the regulations applicable to State officials.
The board operates and deliberates under the conditions provided by the articles 9 to 14 of the decree of 8 June 2006 referred to above.
I. ― The Civil Aviation Code is amended as follows:
1° In the first and second sentence of the third paragraph of Article D. 370-2, the words "National Transport Council" are replaced by the words "Superior Council of Land Transport and Intermodality".
2° The 4th of Article D. 370-4 is replaced by the following:
« 4° The President of the High Council for Land Transport and Intermodality; »
II. ― At 3° and the last paragraph of Article 2 of the above-mentioned Decree of 29 April 2002, the words "National Transport Council" are replaced by the words "Superior Council of Land Transport and Intermodality".
The Minister of Ecology, Sustainable Development, Transport and Housing and the Minister to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transport, are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on February 21, 2012.
François Fillon
By the Prime Minister:
Minister to the Minister of Ecology,
Sustainable Development,
Transport and housing,
Transport Officer
Thierry Mariani
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
