Decree No. 2015-137 Of 10 February 2015 On The Missions And The Statutes Of The Sncf And The Mission Of Economic And Financial Control Of The Transport

Original Language Title: Décret n° 2015-137 du 10 février 2015 relatif aux missions et aux statuts de la SNCF et à la mission de contrôle économique et financier des transports

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Texts transposed Directive 2012/34/EC of the European Parliament and of the Council of November 21, 2012, establishing a single European railway area summary Transposition partial of the 2012/34/EU directive of the European Parliament and of the Council establishing a single European railway area.
Keywords sustainable development, transport, CODE of transport, rail TRANSPORT, SERVICE PUBLIC FERROVIAIRE, group PUBLIC railway, at PUBLIC A character industrial and COMMERCIAL, at PUBLIC of safety rail, SNCF, MISSION, status, organization ADMINISTRATIVE, operating, supervisory board, COMPOSITION, governance bodies, SNCF MOBILITIES, SNCF network, MISSION of control economic and financial of transport, jurisdiction, European DIRECTIVE, TRANSPOSITION partial JORF n ° 0035 February 11, 2015 page 2537 text no. 3 Decree No. 2015-137 of 10 February 2015 relative to the missions and the statutes of the SNCF and the mission of economic and financial control of transport NOR: DEVT1423852D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/2/10/DEVT1423852D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2015/2/10/2015-137/jo/texte interested Publics: SNCF, SNCF Mobilities, SNCF network.
Subject: definition of missions and the statutes of the SNCF.
Entry into force: the text comes into force on the later of the effective dates for SNCF network and SNCF Mobilities of the titles of security issued by the Etablissement public rail safety, and no later than July 1, 2015.
Notice: this order defines the purpose of the public industrial and commercial establishment referred to as «SNCF» and the tasks entrusted to him. It also lays down the administrative organization of the institution and in particular the functioning of its organs of governance. It describes the modalities of functioning of the SNCF rail public group that it forms with SNCF network and SNCF Mobilities. It finally determines the financial, accounting and estate management rules that govern the functioning of the institution and the procedures for control of the State.
References: the order is made for the purposes of article 1 of Act No. 2014-872 4 August 2014 rail reform. It can be accessed on the Legifrance (http://www.legifrance.gouv.fr) site.
The Prime Minister, on the report of the Minister of ecology, sustainable development and energy, having regard to the EU-34-2012 directive of the European Parliament and of the Council of November 21, 2012, establishing a single European railway area (recast);
Having regard to the general code of the property of public persons;
Having regard to the code of transport, particular articles l. 2101-1, l. 2102-1 to L. 2102-20, L. 2111-10, L. 2111-16, l. 2111-16-1, l. 2133-8 and l. 2141-3;
Having regard to the code of urbanism, particular articles L. 213 - 1 and L. 240 - 2;
Pursuant to law No. 83 - 675 of 26 July 1983 concerning the democratisation of the public sector;
Pursuant to law No. 2013 - 907 11 October 2013 on the transparency of public life;
Pursuant to law No. 2014 - August 4, 2014 872 on railway reform;
Having regard to Decree No. 49 - 996 of July 26, 1949 amending the conditions for exercise of the financial control of the State on the railways and by road and inland water transport;
Mindful of Decree No. 2006-781 3 July 2006 laying down the terms and conditions of payment of the costs occasioned by the temporary displacements of the civilian personnel of the State;
Having regard to the opinion of the rail regulatory authority dated November 27, 2014;
The Council of State (section of public works) heard, enacts as follows: title I:: object and MISSIONS chapter I: Missions Article 1 more on this article...

The industrial and commercial public establishment SNCF is supervised by the Minister of transport. It exercises the missions entrusted to it by article l. 2102-1 of the code of transport.


Article 2 more on this article...

Under control and strategic control, the economic consistency and industrial integration of the rail group, the SNCF is for missions: 1 ° to stop industrial rail public group; and strategic priorities
2 ° to develop the financial trajectory of the rail group from the contributions of SNCF network and SNCF Mobilities, and of ensuring the follow-up without prejudice to contracts provided for in articles L. 2111-10 and l. 2141-3 of the code of transportation;
3 ° to ensure the functions of prospective and watch on the rail system for the whole of the rail group;
4 ° to ensure the coherence of the strategies of SNCF Mobilities and SNCF network with the orientations defined by the State as well as with priorities agreed upon by the railway public group and, in particular, of the conformity of the technical, economic assumptions and financial deductions in the framework contract between the State and the SNCF referred to in article 8 and in contracts between them, on the one hand , State and SNCF network and, on the other hand, the State and SNCF Mobilities;
5 ° to prepare the consolidated accounts of all formed by the railway public group and the subsidiaries of the institutions in the Group;
6 ° to define the strategy of international development of the rail group and, in this context, to ensure the piloting of large railway projects for export;
7 ° to acquire, operate, take or assign all processes and patents of common interest to the railway public group;
8 ° to coordinate policy real property management of the rail group for the domain part or more rail vocation;
9 ° to define the strategy and policy of sustainable development of railway public group.


Article 3 read more on this article...

As transversal missions necessary for the proper functioning of the system of national rail transport, carried out in a transparent and non-discriminatory for the benefit of all the actors of this system, at the initiative of each of them, SNCF: 1 ° ensures the tasks of security of persons and property;
2 ° coordinating the management of crisis situations;
3 ° door a policy research and innovation shared with the largest number of players in the rail transport system registering in the development of a rail industry;
4 ° promotes the emergence of solutions on issues of common interest to all the system and, in particular, with regard to interoperability, technical and technological developments standardization, implementing accessibility, energy efficiency and green growth;
5 ° facilitates procedures of consultation organized and conducted by the public institution of railway safety, reflections on developments in the rail system security from a transversal perspective;
6 ° carries out technical audits.
These missions give rise to the conclusion of a contract between SNCF and the applicant which sets out the conditions of realization of benefits. These are invoiced at the cost of increased benefit, where appropriate, of a reasonable profit.
The procedures for the exercise of the mission under the 2 ° is specified in a document drawn up and updated after consultation with all the actors of the national rail system. This document and its updates are adopted by the Supervisory Board, after consultation with the authority of regulation of railway operations, and published in the manner laid down in article 34.


Article 4 more on this article...

As of unity and social cohesion of the rail group, the SNCF has for missions: 1 ° to define and drive the evolution of the social pact of the rail group;
2 ° to ensure the conduct of social relations at the level of the railway group, especially for what concerns social negotiation, and the animation of the bodies representing staff rail public group;
3 ° to develop career paths and mobilities to within the railway public group, in a logic of unity and fairness;
4 ° to define the policy of vocational training of employees in the public group rail.


Article 5 read more on this article...

Without prejudice to the cover by SNCF network of its own in carrying out such missions referred to in 1 ° of article l. 2111-9 of the code of transport: 1 ° La SNCF ensures, for the railway public group, the following shared features: has) the administrative management of the human resources of the rail group and, as such, payroll management and monitoring of social protection benefits social and social action;
(b) management of career paths and internal mobility to the group for the transverse vocation looms;
(c) the implementation of the policy of housing for employees of the public rail group;
d) internal audit and control of the risks of the rail group;
2 ° in addition, SNCF ensures, at the request of members of the public rail group, other functions shared: a) the expertise and legal advice of the rail group, particularly in terms of legislative and regulatory monitoring;
(b) the management of information systems of the railway public group;
(c) the Organization of the General purchases of the rail group;
d) the real property management of the rail group and enhancement of its heritage;
(e) the implementation of digital policy and railway public group communication.


Article 6 read more on this article...


The missions in respect of article 5 give rise to the conclusion of framework agreements between the SNCF, SNCF network and SNCF Mobilities and, if necessary, of specific agreements between the SNCF and SNCF network or SNCF Mobilities, which define the conditions of realization of benefits. These are invoiced at the cost of increased benefit, where appropriate, of a reasonable profit.


Article 7 read more on this article...

The SNCF communicates to the rail regulatory authority the list of contracts and agreements referred to in articles 3 and 6 as a periodicity defined by decision.

Chapter II: Framework contract between the State and the SNCF section 8 read more on this article...

The strategic framework contract concluded between SNCF and the State in accordance with article l. 2102-5 of the code of integrated transport operational contracts provided for in articles L. 2111-10 and l. 2141-3 of the same code supplementing it with the broad guidelines assigned by the State to the public group rail in relation to: 1 ° the sustainable and balanced development of the rail mode in a multimodal perspective;
2 ° the social policy of the rail group;
3 ° the financial trajectory of the rail group;
(4) the contribution to the development of the French industrial sector;
5 ° the promotion of research and innovation in transport, mobility and logistics;
(6) the policy of cooperation with the other actors of the national rail system;
7 ° the corporate social responsibility and the contribution to the objectives of the public policies of the State;
8 ° the management and enhancement of the heritage land and real estate of the rail group;
9 ° development and the international reputation.
These guidelines are, whenever necessary, accompanied by indicators.

Title II: Organization ADMINISTRATIVE chapter I:: terms and conditions of appointment of the members of the Supervisory Board of Article 9 more on this article...

The SNCF is controlled by a supervisory board which includes: 1 ° sixteen members appointed by Decree on the report of the Minister of transport:-twelve representatives of the State designated as referred to in article 10;
-a Senator designated by the president of the Senate;
-one member designated by the president of the National Assembly;
-a member chosen as representative of the rail transport out of Ile-de-France regional authorities;
-a representative of the Union of the transport in the Ile-de-France region designated by the Board of Directors
2 ° eight employee representatives elected in the conditions laid down in chapter II of title II of the law of 26 July 1983 above-mentioned, SNCF Mobilities and SNCF network being regarded as subsidiaries within the meaning of the third paragraph of article 14 of this law.


Article 10 more on this article...

Among the representatives of the State:-two are appointed on the proposal of the Minister of transport;
-two are appointed on the proposal of the Minister responsible for sustainable development;
-two are appointed on the proposal of the Minister responsible for the economy;
-one is appointed on the proposal of the Minister responsible for the budget;
-one is appointed on the proposal of the Minister of industry;
-one is appointed on the proposal of the Minister of labour;
-one is appointed on the proposal of the Minister responsible for European Affairs;
-one is appointed on the proposal of the Minister of the Interior;
-one is appointed on the proposal of the Minister responsible for the development of the territory.


Article 11 read more on this article...

The mandate of Member of the Supervisory Board representing the employees is incompatible with any other function of representation of the interests of the staff within the railway public group or subsidiaries of public institutions which constitute, inter alia with the functions of steward, permanent Union, Member of the central Committee of the rail group, delegate staff or member of the Committee for hygiene safety and working conditions.


Article 12 read more on this article...

The mandate of Member of the Supervisory Board is free without prejudice to reimbursement by the public institution's travel and stay costs for the exercise of the said mandate, under the conditions laid down by the regulations applicable to civil servants of the State.


Article 13 read more on this article...

The term of office of the members of the Supervisory Board of the SNCF is five years. They cannot serve more than two consecutive terms.
Cease ipso jure to be part of the Council members who have lost quality under which they were designated or appointed.
It may be terminated at any time, by Decree, to the mandate of the members of the Supervisory Board of the SNCF do not represent the employees.


Article 14 read more on this article...

Vacant by death or resignation or for any other reason, provided the replacement of members of the Supervisory Board under the following conditions: 1 ° the members not representing employees shall be replaced under the conditions laid down in article 9;
2 ° the mandate of a new Member expires on the date that would have normally taken end of that of its predecessor.

Chapter II: Responsibilities and functioning of the Board of supervision Article 15 in more on this article...

I. - The Supervisory Board shall adopt policy strategic, economic, social and technical railway public group. As such, are subject to the prior approval of the Supervisory Board: 1 ° draft framework contract referred to in article 8 and its updating projects that will be passed between the State and the institution and the annual report on its implementation;
2 ° consolidated the accounts of the rail group accompanied by the management report of the group for the purpose of verification and control.
3 ° the contracts mentioned in article 3 when their amount is above a threshold set by the Council;
4 ° the conventions referred to in article 6 when their amount is above a threshold set by the Council;
(5) the decision to use a specialized subsidiary of institution of railway public group for the exercise of one of the shared functions referred to in article 5.
The Supervisory Board is informed of any investment by SNCF network or SNCF Mobilities in an amount greater than EUR 100 million.
II. - The Supervisory Board ensures the implementation of the tasks of the SNCF by the Executive Board. It exercises permanent control of the management of the SNCF. As such, are subject to the prior approval of the Supervisory Board: 1 ° the estimates of revenue and expenditure and its amending decisions, including the evolution of debt, wage policies and staffing;
2 ° consolidated the accounts of the group that the SNCF is with its subsidiaries;
3 ° the financial account and the allocation of the results for the purpose of verification and control;
4 ° outlets, assignments or extensions of financial participation;
5 ° the downgradings of goods part of the public of the institution;
6 ° assignments for an amount exceeding a threshold set by the Council;
7 ° transactions when their amount is above a threshold set by the Council;
8 ° the sureties, guarantees and sureties, beyond a threshold set by the Council;
9 ° investing an amount above a threshold set by the Council;
10 ° the General conditions for the award of contracts and conventions;
11 ° the annual activity report.


Article 16 read more on this article...

The Supervisory Board establishes its rules of procedure and the headquarters of the public institution.
It can create committees or committees it considers necessary for the proper performance of its tasks. Rules of procedure specifies the conditions under which officials placed under the authority of the Ministers referred to in article 10 may attend these committees or commissions.
Any member of the Supervisory Board may be communicate to its strict use as part of his duties as member of the Supervisory Board internal documents and information necessary for the proper exercise of its mandate. The documents and the information thus obtained shall be confidential.


Article 17 read more on this article...

The Supervisory Board shall meet in ordinary session at least six times annually at the call of its Chairman. The Chairman of the Supervisory Board sets the agenda, after consultation with the Executive Board.
The Supervisory Board may also be convened in extraordinary session on a specific agenda, at the request of the Commissioner of the Government, the majority of the members of the Council or at the initiative of the president of the Supervisory Board.
The Chairman of the Supervisory Board may invite to participate in an advisory capacity at any meeting of the Supervisory Board of any person whose skills seemed likely to inform the decisions of the Council.


Article 18 read more on this article...

The agenda and the documents necessary for the proper understanding of the points on which the Supervisory Board is called to deliberate are communicated to its members and the Commissioner to the Government ten days at least before the date of the meeting. If this deadline is not respected, the point may be maintained on the agenda of the day only with the consent of the Commissioner of the Government.


Article 19 more on this article...


The Board deliberates validly if half at least of its members are present. If this number is not reached, the Commission is again convened within and to more than twenty days and on the same agenda. The deliberations are then valid regardless of the number of members present.
The deliberations of the Council shall be taken by a majority of the votes cast. In the event of equality of votes, the presiding officer is predominant.
Any member of the Supervisory Board may mandate another Member to vote in its place on the issues brought to the agenda. A member can have only a single mandate.


Article 20 more on this article...

In accordance with the above-mentioned law of October 11, 2013, when the Supervisory Board deliberates on a decision for which a member has, directly or indirectly, an interest, the Member concerned shall not take part in the deliberations.


Section 21 read more on this article...

The deliberations of the Supervisory Board are enforceable right, except if the Government Commissioner meeting opposition. In this case, a second deliberation is taken at the following meeting.
It is established a record of each meeting, subject to the approval of the Council during the next session. He addressed the Minister in charge of transport, to the members of the Supervisory Board and the Commissioner of the Government.

Chapter III: Chairman of the Supervisory Board of Article 22 in more on this article...

The Chairman of the Supervisory Board is appointed by Decree, on a proposal from the Supervisory Board, among its members representing the older State of less than sixty-eight years to the date of this proposal.
The Supervisory Board is convened and chaired by the oldest Member to propose the designation of its president when the first designation or a holiday.
The president shall designate among the representatives of the State Deputy who chairs the meeting in case of impediment.

Chapter IV: Board of Directors Article 23 in more on this article...

The decree appointing the Chairman and the Deputy Chairman of the Executive Board on a proposal from the Supervisory Board is taken on the report of the Minister of transport.


Section 24 read more on this article...

On proposal of the Supervisory Board, the Chairman of the Board may be revoked by order of the report of the Minister of transport.
The Deputy Chairman of the Management Board may be revoked under the same conditions subject to compliance with the procedure laid down in article 26.


Article 25 more on this article...

After deliberation by the Council of supervision and prior to transmission to the Minister of transport of a proposal for appointment or renewal as a Deputy Chairman of the Executive Board, the Chairman of the Supervisory Board shall notify the authority of regulation of railway operations by any means to give certain date, the following information: 1 ° the identity of the person concerned;
2 ° the financial and evaluation conditions governing its mandates as Deputy president of the Executive Board of the SNCF and Chairman of the Board of Directors of SNCF network.
3 ° a detailed overview of possibly insured prior professional activities and benefits possibly held by the person concerned in the rail sector, on the basis of the statements made by the person concerned and under its responsibility.
He addressed to the Minister in charge transport copy of this information and shall inform him of the date of their receipt by the authority of regulation of railway operations.
The rail regulatory authority has a period of one week from the receipt of the information to request additional and stating his wish to audition this person before deciding.
It has a period of three weeks from the receipt of information or their complements to oppose the proposed appointment or renewal if it considers that compliance by the nominee of the conditions laid down in article l. 2111-16-1 code of transport following his appointment or its renewal is not sufficiently guaranteed.
In this case, it shall notify the Chairman of the Supervisory Board and the Minister responsible for transport its reasoned decision.


Article 26 more on this article...

After deliberation by the Council of supervision and prior to transmission to the Minister of transport of a motion for dismissal of the Deputy Chairman of the Executive Board, the Chairman of the Supervisory Board shall notify the authority of regulation of railway operations by any means to give certain date, the reasons for its proposal.
He addressed to the Minister in charge transport copy of this notification and shall inform him of the date of its receipt by the authority of regulation of railway operations.
The rail regulatory authority has a period of one week from the receipt of the grounds for the proposal to request additional and stating his wish to audition this person before deciding.
It has a period of three weeks from the receipt of the grounds for the proposal or its supplements to oppose the proposal for revocation if it considers that this proposal is in fact motivated by independence demonstrated by the Chairman of the Board of Directors of SNCF network with respect to the interests of an enterprise engaged in an activity of railway undertaking. In this case, it shall notify the Chairman of the Supervisory Board and the Minister responsible for transport its reasoned decision.


Article 27 more on this article...

I. - The Executive Board is responsible for the cohesion and coherence of the rail group. Accordingly, particular it shall perform the following functions: 1 ° it proposes to the supervisory board the General guidelines of the strategy of the railway group.
2 ° he negotiated, submits for the approval of the Supervisory Board, concluded and implemented the framework contract mentioned in article 8;
3 ° it shall submit to the supervisory board the consolidated accounts of all rail public group and its subsidiaries, together with the group management report;
4 ° it shall submit to the supervisory board the financial trajectory for the group from the contributions of SNCF network and SNCF Mobilities;
5 ° he informed every year the Supervisory Board of changes in perimeter of the subsidiaries of institutions of the public rail group, essential data relating to the activity of these as well as the general structure of the rail group.
The Board exercises its powers in permanent dialogue with the State.
II. - The Executive Board is responsible for the management and functioning of the SNCF. As such, it has authority over the staff and particular it shall perform the following functions: 1 ° it proposes to the supervisory board the general orientation of the policy of the institution;
2 ° it establishes and implements the business from the strategic plan plan;
3 ° it determines the general structure of the public and the group that it is with its subsidiaries;
4 ° it establishes the provisional statement of revenue and expenditure and its amending decisions and, after approval of the Supervisory Board executes;
5 ° submitting the financial account of the institution to the Supervisory Board;
6 ° it establishes the annual activity report.
The Executive Board determines, if necessary within the limits set by the Supervisory Board, the use of funds exceeding the cash flow requirements and investment reserves.
III. - The Executive Board is responsible for the implementation of the decisions of the Supervisory Board.


Article 28 more on this article...

The Chairman of the Supervisory Board prepares the observations of the Board on the progress report that the Executive Board submits each year on the situation of the SNCF and rail public group and shall report on the implementation of the framework contract between SNCF and the State.
The report annual activity of the Management Board, together with the comments of the Supervisory Board, is sent each year before June 30 to the Ministers of transport, the economy and the budget, to the regulatory authority of railway operations as well as the higher Committee of the rail transport system.


Article 29 more on this article...

The Board of Directors establishes rules of procedure which organizes its operation.
The Executive Board decisions are taken unanimously.
The decisions of the Board are recorded in the minutes signed by the Chairman and the president delegate and kept in a special register.
In case of disagreement among the members of the Executive Board, recorded in minutes signed by two members of the Executive Board and stored in the special register mentioned in the third paragraph, the Chairman of the Board captures the Chairman of the supervisory board so that the latter takes the decision in place of the Board.
The decisions taken by the Chairman of the Supervisory Board under the conditions laid down in the preceding subparagraph are recorded in the minutes stored in the special register mentioned in the third paragraph. These minutes are signed by the Chairman of the Supervisory Board and countersigned by the Chairman and the Deputy Chairman of the Executive Board.


Section 30 read more on this article...


The Executive Board is assisted by a Committee on contracts which it fixed the composition which can be completed after its opinion collection by Decree of the Ministers responsible for the economy, budget, competition and transportation. This commission is consulted on the award of contracts with a value above a threshold set by order of the Minister of transport after opinion of the Board.


Article 31 read more on this article...

The Board may delegate any of its powers under conditions set by the Supervisory Board.

Chapter V: Commissioner of the Government Article 32 in more on this article...

There is hereby established within SNCF a Government Commissioner and a Deputy Government Commissioner.
The Government Commissioner and the Deputy Government Commissioner are appointed by order of the Minister of transport.


Article 33 read more on this article...

The Commissioner of the Government or, failing that, the Deputy Government Commissioner, sits on the Supervisory Board of the SNCF with advisory voice.
The Government Commissioner or the Deputy Government Commissioner seat also with advisory committees and commissions established by the Supervisory Board.
The Government Commissioner ensures that the general policy of the SNCF and rail public group is defined by the Supervisory Board in accordance with the tasks of the institution, to the public at stake interests and the framework contract between the State and the SNCF referred to in article 8.
He made known, as appropriate, to the Council the position of the Government on the issues discussed. He formulated the observations which considers it necessary on the compliance of the deliberations of the Council with the General guidelines of the policy adopted by the public authorities.
It may, for these purposes: 1 ° be communicate all documents and carry out, or have make all checks;
2 ° do register or de-register any question under the agenda of a regular meeting of the Council;
3 ° request an extraordinary meeting of the Council on a specific agenda.
It also exercises the powers referred to in articles 18 and 21.
In case of absence or incapacity of the Commissioner of the Government, its powers are exercised by the Deputy Government Commissioner.

Chapter VI: Official Bulletin Article 34 in more on this article...

An order of the Minister in charge of transportation fixed categories of acts and deliberations that are published in the official Bulletin of the SNCF. This bulletin is broadcast on the internet site of the SNCF in permanently and free in conditions which guarantee reliability.

Title III: Management financial and accountant section 35 in more on this article...

The Executive Board shall prepare and submit to the approval of the Supervisory Board, before December 31 of each year, the estimates for the following financial year, relating to expenditures and revenues from the exploitation and capital transactions.
The Executive Board shall ensure the consistency of the technical, economic and financial assumptions deductions by SNCF network and SNCF Mobilities for the preparation of their respective budgets.
Subsequent to the establishment of their budgets by SNCF network and SNCF Mobilities, the Executive Board shall prepare and submit for the approval of the supervisory board the on the same exercise estimates regarding expenditure and revenues from the exploitation and capital transactions consolidated at the level of the railway group.
The statement of estimates of revenue and expenditure has including: 1 ° an overall forecast outturn account;
2 ° a projected account of result by activities;
3 ° a physical and financial investment programme;
4 ° a financing plan.
It shows the amount of the remuneration collected application missions provided for in article 3, as well as the collected remuneration in accordance with the tasks laid down in article 5.
The estimate includes two separate sections, one for expenditure and revenue, the other for capital transactions.
The statement of estimates of revenue and expenditure is established per calendar year.


Article 36 more on this article...

During the year, a synthesis of the implementation of the statement of estimates is presented at each ordinary meeting of the Supervisory Board.
Monitoring of execution of it, including a detailed analysis by position of the gaps with the forecast, is communicated at least four times per year to the Supervisory Board.


Article 37 more on this article...

The Supervisory Board stops, before 30 June of each year, the accounts of the past year.
Subsequent to the judgment of their accounts by SNCF network and SNCF Mobilities, the Supervisory Board shall, before 30 June of each year, the consolidated accounts for the past year of the whole formed by the railway public group and the subsidiaries of institutions of group and passes Ministers responsible for transport, the economy and budget, together with the report of management of group.
The annual accounts referred to in the two preceding paragraphs are published under the terms of common law applicable to commercial companies.

Title IV: Management DOMANIALE Article 38 in more on this article...

The compensation due to the SNCF in application of article L. 2102-16 of the code of transport is determined by the departmental director or, where appropriate, regional public finances. It is equal to the value of reconstitution of the property, which takes into account including: 1 ° either the price of purchasing the land replacement or the market value of the land when there is not place to proceed with the acquisition of a replacement field.
2 ° of the cost of reconstruction of buildings and building facilities built on the land sold, adjusted for the share of the cost for improvements or increasing capacity that will be eventually contributed compared to the transferred real property. This correction is modulated on the basis of the anticipation of investment resulting for the SNCF;
3 ° the cost of moving and relocation of transportable equipment.


Article 39 more on this article...

The decommissioning of the property of the public domain of the SNCF which are more affected public service is approved by the Supervisory Board under the conditions laid down in article L. 2102-17 transport code.
When the SNCF plans to downgrade the public domain property, it consults the region and, in the Ile-de-France region, the Union of transport in the Ile-de-France region, which have a period of two months to make known their views on the proposed decommissioning. Notice is deemed favourable by the lack of response from the deliberative body within this period.
SNCF passes with these notices the decommissioning project to the Minister of transport which has a period of two months to allow it.
To located the railway public domain property, near operated rail routes within a perimeter defined by an order of the Minister in charge of transport taken after notice of the rail regulatory authority, SNCF shall inform the latter simultaneously to the consultation referred to in paragraph 2.


Article 40 read more on this article...

Except in the cases provided for in the j of article L. 213 - 1 and the fourth paragraph of article L. 240 - 2 of the code of urbanism, when SNCF plans to transfer, where appropriate after decommissioning, real estate has become useless pursuit of its missions, it shall inform in advance the prefect and the president of the regional Council, the president of the general Council and the Mayor of the municipality where the property is located.
The State and local authorities have two months to demonstrate their intention to acquire the said well.
When the assignment requires a prior decommissioning, the advice received or, in the absence of response, information which was addressed to public entities, are attached to the referral to the Minister for transport under the third paragraph of article 39.


Article 41 more on this article...

The SNCF has a period of three years from the authorization of the Minister of transport mentioned in article 39 to proceed with the decommissioning. This period may be renewed in accordance with the same procedure.
TRAIN communicates to the Minister of transport the decision to regrade of this property.


Article 42 read more on this article...

For the property whose value is less than an amount fixed by order of the Minister of transport, the prefect is substituted for the Minister of transport for the purposes of articles 39 to 41.


Section 43 read more on this article...

Downgrading decisions are published in the compendium of administrative acts of the prefectures of the departments within the jurisdiction of which lie the downgraded assets.


Article 44 read more on this article...

SNCF communicates, at his request, to the Minister of transport of a statement of the property acquired, retired, or transferred during the previous year by public institutions of the public group rail.

Title V: MISSION of control economic and financial of transport Article 45 in more on this article...

The economic and financial control of the State in public institutions of the rail group is exercised by the mission of economic and financial control of the transport under the conditions laid down in articles 46 to 53.


Article 46 read more on this article...


The mission of control performs the duties entrusted under the authority and on behalf of the Minister of the economy and the Minister in charge of the budget.
It is also at the disposal of the Minister responsible for transportation for any notice or intervention which would be requested in the areas of its competence.


Article 47 read more on this article...

Is responsible for a role of information, advice and control in economic and financial matters with the SNCF, SNCF network and SNCF Mobilities as well as of the companies in which one or more of these public institutions hold more than the majority of the capital or whose more than the majority of the capital is held, together or separately by them or by companies themselves, under the same conditions, a direct or indirect link of affiliation with one of them.
Special rules for the exercise of control are fixed, as necessary, including to subsidiaries, by order joint Ministers of the economy, the budget and transportation.
The mission made known its opinion by notes and reports to Ministers of the economy, the budget and transportation, as well as to the direction of each public institution concerned.
It may be assisted by persons or organizations external, specialized in the techniques of control and evaluation. It shall previously inform the three ministers concerned above.


Article 48 read more on this article...

Mission formula written notice on all proposals submitted to the Supervisory Board of the SNCF, SNCF network Governing Council and the Board of Directors of SNCF Mobilities relating to contracts with the State in accordance with articles l. 2102-5, L. 2111-10 and l. 2141-3 of the code of transportation and their updates, to the business plans, general programmes of activity and investment estimates of revenue and expenditure and in the accounts for the year.
It may issue opinions on all issues and draft decisions having an impact on the balance of the SNCF, SNCF network and SNCF Mobilities, in particular when these issues and projects are subject to the Supervisory Board of the SNCF, SNCF network Governing Council and the Board of Directors of SNCF Mobilities.


Article 49 read more on this article...

It can ensure the implementation of agreements or contracts between the public institutions of the rail group and the State and other public entities.
The mission shall ensure compliance with the procedures of competition and ensures the regularity of the award of contracts.
The contracts and framework agreements as well as subsequent contracts thereto passed by one railway public group public establishments are subject to prior notice of the monitoring mission, as their amount exceeds a threshold set by order joint Ministers of the economy, the budget and transportation after the opinion of the Board of the SNCF and the boards of Directors of SNCF network and SNCF Mobilities.
It is consulted on the creation of subsidiaries, outlet, or change in shareholding draft prepared by one of public establishments of rail public group and the companies mentioned in the first subparagraph of article 47, which must pass them before deliberation of their respective statutory bodies to which these notices are communicated.
Absence of a reply within fifteen days of the referral, the notice of the mission is deemed favourable.


Article 50 more on this article...

The head of the mission, or his representative, sits in an advisory to the Supervisory Board of the SNCF, SNCF network Governing Council and the Board of Directors of SNCF Mobilities, to committees and commissions established by these councils, as well as the commissions of the SNCF, SNCF network and SNCF mobility markets.
At the same time as the members of the aforementioned agencies, it receives the documents addressed to them before each session.


Article 51 more on this article...

The SNCF, SNCF network and SNCF mobility provide the mission all information necessary for the fulfilment of its tasks. The members of the mission have all powers of investigation on parts and place; they have access to accounting documents. They may attend the meetings of the committees and commissions existing in institutions public and whose object is in relation to the jurisdiction of the mission.


Article 52 read more on this article...

The mission is installed at the SNCF headquarters which provides its personnel and material means necessary for the performance of its duties.


Article 53 read more on this article...

The mission is headed by a member of the General Inspectorate of finance, head of mission. It is appointed by Decree of the Ministers of the economy and the budget, after notice of the Minister of transport.
The members of the mission are designated on the proposal of the head of mission, by Decree of the Ministers responsible for the economy and the budget and chosen among civil servants under their authority, especially among the members of the body of the general economic and financial control. The Minister in charge of transport met officials at the disposal of the head of mission.

Part VI: Resource Article 54 in more on this article...

If distributable profits as defined by the act arises from SNCF Mobilities fiscal accounts, as they are approved by the Board of Directors of SNCF Mobilities, the Supervisory Board is deliberating on the amount of the dividend that can be distributed to SNCF taking into account the financial situation of SNCF Mobilities. The deliberation is submitted for agreement to the Ministers responsible for the economy and the budget who decide within a period of one month. In the absence of opposition to one of the Ministers at the end of this period, the agreement of Ministers is deemed granted.
The Supervisory Board of the SNCF is deliberating on the amount of the Endowment paid to SNCF network. The deliberation is submitted for agreement to the Ministers responsible for the economy and the budget who decide within a period of one month. In the absence of opposition to one of the Ministers at the end of this period, the agreement of Ministers is deemed granted.
After review of the financial situation of the SNCF and finding of the existence of distributable sums taking into account staffing paid to SNCF network, on the report of the Supervisory Board, the Minister responsible for the economy and the Minister in charge of the budget determine by Decree the amount of the dividend received, if any, to the State.

Title VII: Provisions Article 55 in the finals read more of this article...

Decree No. 83-110 of 18 February 1983 organizing an economic and financial control of the State on the national french railway company is hereby repealed.


Article 56 read more on this article...

This order comes into force on the later of the two dates mentioned in the I of article 4 of Decree No. 2015-140 10 February 2015 relating to missions and to the SNCF network status and article 55 of Decree No. 2015-138 of 10 February 2015 on missions and the statutes of SNCF Mobilities, and no later than July 1, 2015.


Article 57 read more on this article...

The Minister of ecology, sustainable development and energy, the Minister of finance and public accounts, the Minister of economy, industry and the digital, Secretary of State responsible for transport, sea and fishing and the Secretary of State in charge of the budget are responsible, each in relation to the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Made February 10, 2015.
Manuel Valls by the Prime Minister: the Minister of ecology, sustainable development and energy, Ségolène Royal the Minister of finance and public accounts, Michel Sapin Minister of economy, industry and digital, Emmanuel Macron Secretary of State responsible for transport and sea fishing, Alain Vidalies Secretary of State in charge of the budget, Christian Eckert

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