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Decree No. 2012-669 Of May 4, 2012, Relative To The Autonomous Port Of Paris And Covering Various Provisions In Port Area

Original Language Title: Décret n° 2012-669 du 4 mai 2012 relatif au Port autonome de Paris et portant diverses dispositions en matière portuaire

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Summary

Amendment of the decree of 27 September 1925 on the constitution of the autonomous port of Strasbourg and Decree 59-535.

Keywords

TRANSPORT , MARITIME TRANSPORT , PORT , PARIS PORT , EPIC , ORGANIZATION , MISSION , FUNCTIONING , COMPOSITION , COMPETENCE


JORF n°0107 du 6 mai 2012 page 8155
text No. 50



Decree No. 2012-669 of 4 May 2012 concerning the Autonomous Port of Paris and bringing various provisions in port matters

NOR: TRAT1133778D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/5/4/TRAT1133778D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/5/4/2012-669/jo/texte


Publics concerned : Autonomous Ports of Paris and Strasbourg.
Subject: modification of the status of the Autonomous Port of Paris, insertion into the statute of the Autonomous Port of Strasbourg of a provision relating to the taking of participation and definition of the modalities of accounting integration of the railways and their transferred accessories.
Entry into force: the text comes into force on the day after its publication.
Notice: the status of the Autonomous Port of Paris is aligned with that of the major marine ports (GPM). In particular, an audit committee is established within the board of directors, ensuring the quality of internal control and the reliability of the information provided to the State. Provisions to prevent conflicts of interest applicable to members of the GPM Supervisory Boards are extended to members of the Board of Directors of the Autonomous Port of Paris. The possibility is also given to the port to enter into transactions under the conditions provided by the Civil code. In addition, the autonomous Port of Strasbourg is, for its part, authorized to take financial participations in legal entities whose activity contributes to its development or modernization. Finally, the railways and their accessories that have been transferred to the GPM, the autonomous ports or to Réseau ferré de France are integrated into the accounts of these establishments, for their value estimated at 1 January 2008.
References: the texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the Minister's report to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transportation,
Vu le Civil code ;
Considering the general code of public ownership, including articles L. 2122-5 to L. 2122-19;
Vu le Code of Maritime Portsincluding articles R. 102-4, R. 102-5 and R. 102-8;
Considering the transport code, including articles L. 4322-1 to L. 4323-1;
Having regard to the law of 26 April 1924 having the purpose of the constitution of the Rhine port of Strasbourg in autonomous port and the execution of the extension work of this port and its annexes together the agreement reached on 20 May 1923 between the State and the city of Strasbourg concerning the constitution of the Rhine port of Strasbourg in autonomous port and the execution of the extension work of this port and its advents;
Vu la Act No. 68-917 of 24 October 1968 relating to the autonomous port of Paris;
See?Order No. 2005-898 of 2 August 2005 updating and adapting books III and IV of the Code of Maritime Ports, including articles 4 and 5;
Having regard to the decree of 27 September 1925 amended on the constitution of the autonomous port of Strasbourg;
Vu le Decree No. 69-535 of 21 May 1969 amended to implement Act No. 68-917 of 24 October 1968 relating to the autonomous port of Paris;
Vu le Decree No. 92-681 of 20 July 1992 relating to income-generating authorities and public bodies' advances;
Having regard to the advice of the High Council of the Merchant Navy of 1 June 2010;
The State Council (section of public works) heard,
Decrete:

  • PART I: PROVISIONS RELATING TO THE PEACE OF PARIS Article 1 Learn more about this article...


    The above-mentioned decree of 21 May 1969 is amended in accordance with articles 2 to 29 of this decree.

    Article 2 Learn more about this article...


    Section 1 is supplemented by the following provisions:
    "For the exercise of his missions, he favours logistics organizations with a low environmental impact. »

    Article 3 Learn more about this article...


    In Article 2, the words: "and to the handover of the harbour facilities, respectively referred to in Articles 2 and 3 of the above-mentioned Act of 24 October 1968 are replaced by the words: "as mentioned in section L. 4322-2 of the Transportation Code".

    Article 4 Learn more about this article...


    Section 6 is amended as follows:
    1° In the sixteenth preambular paragraph, after the words "to navigation", the words "to transport" are inserted;
    2° The seventeenth and final paragraph is repealed.

    Article 5 Learn more about this article...


    Section 7 is amended as follows:
    1° The second paragraph is repealed;
    2° The third paragraph that became the second paragraph was supplemented by a sentence that reads as follows: "In case of silence held for fifteen days, the notice is deemed given. » ;
    3° The fourth preambular paragraph has been repealed;
    4° In the last paragraph, the words: "The categories of users who must be appointed by decree certain members of the board of directors are as follows" are replaced by the words: "The users who may be appointed to the board of directors of the port pursuant to the sixteenth paragraph of section 6 must belong to one of the following categories" and the words: "and concessionaries of public tools," and "and brokerage.

    Article 6 Learn more about this article...


    The third paragraph of Article 8 is supplemented by the following provisions:
    "When circumstances so require, these mandates may be extended for a period not exceeding six months by order of the Minister for Transport. »

    Article 7 Learn more about this article...


    Section 9 is amended as follows:
    1° The provisions of II shall be replaced by the following provisions:
    “II. ― provisions of Articles R. 102-4 and R. 102-5 of the Code of Maritime Ports relating to the declarative obligations of the members of the Supervisory Board of Large Maritime Ports apply to the members of the Board of Directors of the Autonomous Port of Paris. » ;
    2° The first paragraph of the III is repealed.

    Article 8 Learn more about this article...


    I. ― Section 10 is amended to read:
    1° In the first paragraph, the words: "assisted from the head of the Seine Navigation Service" are deleted;
    2° In the last sentence of the second paragraph, the words: "and the member of the body of the general economic and financial control inform in writing" are replaced by the word "informed" and the word "in their" is replaced by the word "he";
    3° In the third paragraph, the word "three" is replaced by the word "five".
    II.-The extension of the term of office members set out in I shall apply to the terms of office that are currently in effect on the date of publication of this Order.

    Article 9 Learn more about this article...


    Section 11 is replaced by the following:
    "Art. 11.-The board of directors shall establish its rules of procedure, which shall, in particular, determine the manner in which the decisions of the public establishment are published.
    He is an audit committee. The Chair of the Board of Directors cannot be part of the audit committee. The Commissioner of the Government and the Economic and Financial Control Authority shall assist in the meetings of this Committee with an advisory voice. The audit committee assists the board of directors in its role as guarantor of the quality of internal control and the reliability of the information provided to the State. The Board of Directors shall, within the limits of its powers, establish matters within the jurisdiction of the audit committee. These include, among other things, monitoring the effectiveness of internal control systems, monitoring the legal control of annual accounts and consolidated accounts, risks of significant out-of-pocket engagement, review and monitoring the independence of auditors.
    The board of directors may establish specialized committees or commissions. It determines the composition of these committees or commissions, the business categories that may be submitted to them and all the provisions that are relevant to their operation.
    The Prefect of the Ile-de-France region or its representative, the Commissioner of Government, the Director General and the Economic and Financial Control Authority shall assist with an advisory vote in the meetings of committees or commissions established pursuant to the preceding paragraph. The accounting officer shall assist with an advisory voice in the sessions dealing with budgetary and accounting matters.
    They attend the meetings of the steering committee under section L. 4322-6 of the Transportation Code on the same basis. »

    Article 10 Learn more about this article...


    In Article 12, paragraphs other than the first shall be replaced by the following:
    "However, there is no delegation:
    1° The adoption of the forecasting state of income and expenditure and its amending decisions, including on the evolution of debt, wage policies and staffing;
    2° The adoption of the financial account and the allocation of results for verification and control purposes;
    3° Approval of contracts in excess of a value established by the Board of Directors;
    4° The setting of technical and tariff principles for use of port-run facilities under the conditions of the regulations in force;
    5° The decision to make, assign or extend financial participation;
    6° The adoption of conditions of loans and loans;
    7° The decision on the acquisitions and disposition of real property, as well as the decommissioning of land, work or building in the public domain of the establishment;
    8° Pre-approval of planned transactions Articles 2044 et seq. of the Civil Codewhere their amount is greater than a threshold established by the Board of Directors;
    9° Bail, swallows and guarantees;
    10° Investment transactions in excess of a threshold established by the Board of Directors;
    11° Approval of conventions subject to III of Article R. 102-8 of the Code of Maritime Ports.
    The determination of the remuneration of staff whose scales are not fixed by the general regime of the port can only be delegated to the steering committee. »

    Article 11 Learn more about this article...


    Section 13 is amended to read:
    1° In the third paragraph, the words: "to the member of the general economic and financial control body" are replaced by the words: "to the economic and financial control authority";
    2° In the fourth paragraph, the words: "the member of the general economic and financial control body" are replaced by the words: "the authority responsible for economic and financial control";
    3° The fifth preambular paragraph is replaced by the following:
    "The President of the Ile-de-France region or his representative, the Commissioner of Government, the Director General and the Economic and Financial Control Authority shall assist with an advisory voice at the meetings of the Board of Directors. The Secretary of the Corporate Committee also assists with an advisory voice. The port accounting officer shall assist with an advisory vote in the board of directors' meetings dealing with budgetary and accounting matters. » ;
    4° In the seventh paragraph, the words: "members present or represented" are replaced by the words: "votings expressed";
    5° In the eleventh paragraph, the words "to the Minister responsible for the economy, finance and budget" are replaced by the words "to the Minister responsible for the economy, to the Minister responsible for the budget" and the words "to the member of the general economic and financial control" by the words "to the authority responsible for economic and financial control".

    Article 12 Learn more about this article...


    In the second paragraph of Article 15, the words "financial" are replaced by the words "budget".

    Article 13 Learn more about this article...


    Section 16 is amended as follows:
    1° In the first paragraph, the words: "and to the Minister of Economy and Finance" are replaced by the words: "to the Minister responsible for the economy and the Minister responsible for the budget" and the words: "to the member of the body of general economic and financial control" by the words: "to the authority responsible for economic and financial control";
    2° In the second paragraph, the words: "the meeting of the board of directors, if attended, or the receipt of the minutes of the session" are replaced by the words: "the meeting of the board of directors".

    Article 14 Learn more about this article...


    Article 16 bis is replaced by the following provisions:
    « Art. 16 bis.-Les provisions of Article R. 102-8 of the Code of Maritime Ports relating to the ethical obligations of the members of the Supervisory Board of the major marine ports apply to the members of the Board of Directors of the Autonomous Port of Paris. »

    Article 15 Learn more about this article...


    Section 17 is amended as follows:
    1° The last sentence of the sixth preambular paragraph is deleted;
    2° In the eighth paragraph, the word "engineer" is replaced by the word "agent".

    Article 16 Learn more about this article...


    Section 20 is amended as follows:
    1° In the first paragraph, the words: "Minister of Economy and Finance" are replaced by the words: "Minister of Budget";
    2° The second paragraph is repealed.

    Article 17 Learn more about this article...


    In the second paragraph of section 21 bis, the word "joint" is deleted and the words: "and the minister responsible for the economy, finances and budget, in accordance with theArticle 2 of Decree No. 53-707 of 9 August 1953 amended" are replaced by the words: ", the Minister responsible for the economy and the Minister responsible for the budget, when these financial contributions are in excess of a threshold set by joint order of these ministers. The approval shall be deemed to have been acquired without objection from one of them notified within two months of the later date of receipt of the application by the latter. »

    Article 18 Learn more about this article...


    Section 23 is repealed.

    Article 19 Learn more about this article...


    In section 24, the words: "in the first paragraph of section 23 above" are replaced by the words: "indicated to section 26" and the words: "prices and conditions of use" by the words: "technical principles and tariffs of use".

    Rule 20 Learn more about this article...


    The second paragraph of section 26 is repealed.

    Article 21 Learn more about this article...


    Section 27 is amended as follows:
    1° In the first paragraph, the words "and the Minister of Economy and Finance" are replaced by the words ", the Minister for Economics and the Minister for Budget";
    2° In the second paragraph, the words: "from the economic and financial control body" are replaced by the words: "from the economic and financial control authority".

    Article 22 Learn more about this article...


    The provisions of section 28, other than those of the first two paragraphs, are repealed.

    Article 23 Learn more about this article...


    In the third paragraph of section 30, the words "and the Minister of Economy and Finance" are replaced by the words "the Minister responsible for the economy and the Minister responsible for the budget".

    Article 24 Learn more about this article...


    Section 32 is replaced by the following:
    "Art. 32.-Recipients and advances may be established under the conditions prescribed by the decree referred to above 20 July 1992. »

    Rule 25 Learn more about this article...


    Section 37 is replaced by the following:
    "Art. 37.-Remissions of goods to the Autonomous Port of Paris pursuant to Act referred to above 24 October 1968 do not change the legal status of land, books and materials with respect to the police of their conservation.
    The Autonomous Port of Paris has the power to issue, under the conditions set out in articles R. 2122-14 to R. 2122-16 of the general code of public property, titles of occupation of the public domain pursuant to articles L. 2122-5 to L. 2122-19 of the same code, with the exception of article L. 2122-15.
    The Director General ensures governance and determines the technical and financial conditions of each public domain occupancy authorization, in accordance with the rules defined by the Board of Directors. »

    Rule 26 Learn more about this article...


    Section 40 is amended as follows:
    1° In the first paragraph, the words "general engineer of bridges and pavements" are replaced by the words "Commissioner of the Government is" and the words ", performs the functions of Commissioner of the Government at the Autonomous Port of Paris" are deleted;
    2° The second paragraph of section 40 is replaced by the following:
    "The economic and financial control authority is designated by the ministers responsible for the economy and budget. »

    Rule 27 Learn more about this article...


    Section 41 is amended as follows:
    1° In the first paragraph, the words: "The general engineer of bridges and pavements performing the duties of Commissioner of the Government" are replaced by the words: "The Commissioner of the Government";
    2° In the second paragraph, the first sentence is deleted.

    Rule 28 Learn more about this article...


    Section 42 is amended as follows:
    1° The first paragraph is replaced by the following:
    "The Commissioner of the Government shall transmit to the Minister for Transport his comments on the annual report of activity submitted by the Board of Directors";
    2° The second paragraph is deleted;
    3° In the third paragraph, the words: "The member of the general economic and financial control body" are replaced by the words: "The economic and financial control authority" and the words: "to the Minister of Economy and Finance" are replaced by the words: "to the ministers responsible for the economy and budget";
    4° In the last paragraph, the words "their respective reports" are replaced by the words "their respective reports and observations" and the words "to the higher administration" are replaced by the words "to their minister".

    Rule 29 Learn more about this article...


    Sections 14, 19, 25, 33, 34, 38, 43 and 44 are repealed.

  • PART II: PROVISIONS RELATING TO THE STRASBOURG PORT Rule 30 Learn more about this article...


    The second paragraph of Article 28 of the above-mentioned Decree of 27 September 1925 is replaced by the following provisions:
    "The autonomous Port of Strasbourg may take, assign or extend financial, minority or majority participations in legal persons whose activity conspires, within the electoral district of the port, to its development or modernization.
    Where financial holdings, transfers or extensions exceed a threshold set by joint order of the ministers responsible for river ports, economy and budget, they are subject to the prior approval of these ministers. This approval shall be deemed to have been acquired without objection from one of them notified within two months of the later date of receipt by the latter of the application for approval. »

  • PART III: COMPTABLE INTEGRATION MODALITIES OF CLARTER VOIES AND THEIR TRANSFER ACCESSORIES Rule 31 Learn more about this article...


    The railways and their accessories that have been transferred to major seaports, autonomous ports or to Réseau ferré de France pursuant to thesection 5 of the above-mentioned order of August 2, 2005 are incorporated into the accounts of these institutions for their value estimated by experts as of 1 January 2008, deducting from the grants collected under these assets and not depreciated at that date and, where applicable, after recosting.

    Rule 32 Learn more about this article...


    The Minister of Economy, Finance and Industry, the Minister of Budget, Public Accounts and State Reform, spokesman of the Government, and the Minister to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transport, are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done on 4 May 2012.


François Fillon

By the Prime Minister, Minister of Ecology,


sustainable development, transport and housing:


Minister to the Minister of Ecology,

Sustainable Development,

Transport and housing,

Transport Officer

Thierry Mariani

Minister of Economy,

finance and industry,

François Baroin

Minister of Budget, Public Accounts

and state reform,

Government spokesperson,

Valérie Pécresse


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