Key Benefits:
Publics concerned: Waterways of France; State services, competent in the field of waterways.
Subject: consistency of the State's immovable property entrusted to the French Waterway; modalities according to which these properties are entrusted to the establishment.
Entry into force: the text comes into force on the day after its publication.
Notice: public institution responsible for the exploitation, maintenance and promotion of inland waterways and their outbuildings, France's waterway manages and operates, for the fulfilment of its missions, the domain of the State entrusted to it. This area includes:
- dependencies of the fluvial, natural and artificial public domain, composed of rivers and waterways;
– immovable property necessary for the exercise of its missions, such as land, technical premises and workshops, from which were excluded the goods necessary for the operation of the State services responsible for the operation and maintenance of inland waterways. As a result of the transfer of these state services to the public institution effective 1 January 2013, the decree abolishes the exclusion thus provided for, which concerns administrative premises and residential units. The decree also provides that the buildings concerned are subject to agreements between the State and the institution, determining their conditions of use.
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 Ecology, Sustainable Development and Energy,
Considering the transport code, including its article L. 4311-1;
Considering the general code of public ownership, including articles R. 2313-1 to R. 2313-6 and R. 4121-2;
Vu le Decree No. 60-1441 of 26 December 1960 amended by the Statute of the Inland Waterway of France;
Vu le Decree No. 91-796 of 20 August 1991 amended in relation to the domain entrusted to the French Waterway by Article 124 of the Financial Law for 1991;
The State Council (section of public works) heard,
Decrete:
Article 2 of the above-mentioned Decree of 20 August 1991 is replaced by the following provisions:
"In addition to the area determined in Article 1 of this Decree, the State shall entrust to the public institution the immovable property necessary for the exercise of its duties.
Agreements entered into under the conditions set out in sections R. 2313-1 to R. 2313-6 and R. 4121-2 of the general code of public property specify the buildings referred to in this section and determine the conditions of use. »
The Minister of Economy and Finance, the Minister of Ecology, Sustainable Development and Energy, the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, and the Minister Delegate to the Minister of Ecology, Sustainable Development and Energy, responsible for transport, the sea and fisheries, are responsible, each with respect to it, for the execution of this Official Gazette, which will be published in the French Republic.
Done on 25 September 2012.
Jean-Marc Ayrault
By the Prime Minister:
Minister Delegate
to the Minister of Ecology,
sustainable development and energy,
Transport Officer
of the sea and fishing,
Frédéric Cuvillier
Minister of Economy and Finance,
Pierre Moscovici
The Minister of Ecology,
Sustainable Development
and energy,
Delphine Batho
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
