Key Benefits:
Publics concerned : SNCF, SNCF Mobility, SNCF Réseau.
Subject: definition of the missions and statutes of the SNCF.
Entry into force: the text comes into force at the latest of the effective dates for SNCF Network and SNCF Security Mobility issued by the Public Rail Safety Establishment, and no later than 1 July 2015.
Notice: This decree defines the purpose of the industrial and commercial public establishment known as the "NSCF" and the missions entrusted to it. It also sets out the administrative organization of the institution and in particular the functioning of its governance bodies. It describes the operating modalities of the SNCF within the railway public group it forms with SNCF Réseau and SNCF Mobility. It finally determines the rules of financial, accounting and government management that govern the operation of the institution and the modalities of State control.
References: the decree is taken for the application of theArticle 1 of Act No. 2014-872 of 4 August 2014 bringing rail reform. It is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Having regard to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway space (reflects);
Vu le general code of public ownership ;
Vu le Transport codeincluding 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;
Vu le urban planning codeincluding articles L. 213-1 and L. 240-2;
Vu la Act No. 83-675 of 26 July 1983 the democratization of the public sector;
Vu la Act No. 2013-907 of 11 October 2013 on the transparency of public life;
Vu la Act No. 2014-872 of 4 August 2014 carrying out railway reform;
Vu le Decree No. 49-996 of 26 July 1949 amending the conditions for the exercise of the financial control of the State on railways and transport by road and water;
Vu le Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs incurred by the temporary movement of State civilian personnel;
Having regard to the opinion of the Railway Regulatory Authority of 27 November 2014;
The State Council (section of public works) heard,
Decrete:
The SNCF industrial and commercial public establishment is under the supervision of the Minister for Transport. He carries out the missions which are carried out by him by theArticle L. 2102-1 of the Transport Code.
As part of the strategic control and control, economic coherence and industrial integration of the railway public group, the SNCF is responsible for:
1° To set the strategic and industrial priorities of the railway public group;
2° Develop, on the basis of contributions from SNCF Network and SNCF Mobility, the financial trajectory of the railway public group and follow up without prejudice to the contracts provided for in the articles L. 2111-10 and L. 2141-3 the transport code;
3° To ensure the forward-looking and monitoring functions on the railway system for the entire railway public group;
4° To ensure the coherence of the strategies of SNCF Mobility and SNCF Network with the orientations defined by the State as well as with the priorities agreed by the public railway group and, in particular, the consistency of the technical, economic and financial assumptions retained in the framework contract between the State and the SNCF mentioned in Article 8 and in the contracts between, on the one hand, the State and SNCF Network and, on the other,
5° To establish the consolidated accounts of the whole formed by the railway public group and the subsidiaries of the establishments of the group;
6° To define and carry the international development strategy of the railway public group and, in this context, to ensure the management of major 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 the policy of real estate and land management of the public railway group for the part of the area having no or more railway vocation;
9° Define the sustainable development strategy and policies of the public rail group.
As part of the cross-cutting tasks necessary for the proper operation of the national rail system, carried out in a transparent and non-discriminatory manner to the benefit of all the actors of this system, at the initiative of each of them, the SNCF:
1° Securing security missions of persons and property;
2° Ensure coordination of crisis management;
3° Provides a policy of research and innovation shared with the largest number of actors in the railway system by registering in the development of a railway industrial sector;
4° Promotes the emergence of solutions on issues of common interest throughout the system and, in particular, with regard to interoperability, technical and technological developments, standardization, accessibility, energy performance and green growth;
5° Facilitate, within the framework of the consultation procedures organized and conducted by the Public Railway Safety Institution, the reflections on the developments of the railway system in the area of security from a cross-sectional point of view;
6° Conducts technical audits.
These missions result in the conclusion of a contract between the SNCF and the applicant that defines the conditions for the performance of the benefits. These are charged at the cost of the benefit plus, if any, a reasonable benefit.
The procedures for the exercise of the mission under 2° are specified in a document prepared and updated after consultation with all the actors of the national railway system. This document and its updates are adopted by the Supervisory Board, following the advice of the Railway Activities Regulatory Authority, and published in accordance with the terms and conditions set out in section 34.
As part of the social unity and cohesion of the public railway group, the SNCF has the following tasks:
1° To define and lead the evolution of the social pact of the railway public group;
2° To ensure the conduct of social relations at the level of the public railway group, in particular with regard to social negotiations, and the animation of the representative bodies of the staff of the public railway group;
3° To design professional paths and mobility within the railway public group, in a logic of unity and equity;
4° To define the policy of vocational training of employees of the public railway group.
Without prejudice to the coverage by SNCF Network of its own needs in the particular exercise of the missions mentioned in 1° of Article L. 2111-9 of the Transport Code :
1° The SNCF provides the following shared functions for the railway public group:
(a) The administrative management of the human resources of the railway public group and, as such, the management of the pay and the monitoring of social protection, social benefits and social action;
(b) The management of professional and internal mobility courses in the group for cross-cutting occupations;
(c) Implementation of the housing policy for employees of the public railway group;
(d) Internal audit and risk control of the railway public group;
2° In addition, the SNCF provides, at the request of members of the railway public group, other shared functions:
(a) The legal expertise and advice of the railway public group, particularly in terms of legislative and regulatory oversight;
(b) Management of information systems of the railway public group;
(c) Organization of general procurement of the railway public group;
(d) Real estate and land management of the railway public group and the valorization of its heritage;
(e) Implementation of the digital and communication policy of the railway public group.
The tasks carried out under Article 5 give rise to the conclusion of framework agreements between the SNCF, SNCF Réseau and SNCF Mobilités and, if necessary, of specific conventions between the SNCF and SNCF Réseau or SNCF Mobilités, which define the conditions for the realization of the benefits. These are charged at the cost of the benefit plus, if any, a reasonable benefit.
The SNCF shall communicate to the Railway Regulatory Authority the list of contracts and conventions referred to in Articles 3 and 6 according to a periodicity defined by decision of the latter.
The strategic framework contract between the SNCF and the State in accordance with theArticle L. 2102-5 of the Transport Code integrates the operational contracts provided for in articles L. 2111-10 and L. 2141-3 of the same code by supplementing them with the broad directions assigned by the State to the public railway group with respect to:
1° The sustainable and balanced development of the railway mode, from a multimodal perspective;
2° The social policy of the railway public group;
3° The financial trajectory of the railway public group;
4° The contribution to the development of the French industrial sector;
5° Promoting research and innovation in transport, mobility and logistics;
6° The policy of cooperation with other actors of the national rail transport system;
7° Societal responsibility and contribution to the public policies of the State;
8° The management and valuation of the property and real estate of the public railway group;
9° International development and radiation.
These guidelines are, whenever necessary, with indicators.
The SNCF is controlled by a monitoring board that includes:
1° Sixteen members appointed by order issued on the report of the Minister for Transport:
- twelve representatives of the State designated as stated in Article 10;
- a senator appointed by the Speaker of the Senate;
- a member appointed by the President of the National Assembly;
- a member selected as representative of the regional railway transport organizing authorities outside Ile-de-France;
- a representative of the Ile-de-France transport union designated by the board of directors of the latter;
2° Eight representatives of employees elected under the conditions established by the Chapter II of Title II of the above-mentioned Act of 26 July 1983, SNCF Mobility and SNCF Network being viewed as subsidiaries within the meaning of the third paragraph of section 14 of this Act.
Among the representatives of the State:
- two are designated on the proposal of the Minister for Transport;
- two are designated on the proposal of the Minister for Sustainable Development;
- two are appointed on the proposal of the Minister responsible for the economy;
- one is designated on the proposal of the Minister responsible for the budget;
- one is designated on the proposal of the Minister for Industry;
- one is designated on the proposal of the Minister of Labour;
- one is designated on the proposal of the Minister for European Affairs;
- one is designated on the proposal of the Minister of the Interior;
- one is designated on the proposal of the Minister for Land Management.
The mandate of a member of the supervisory board representing employees is incompatible with any other function of representing the interests of the staff within the railway public group or branches of the public establishments that constitute it, in particular with the functions of union delegate, union permanent, member of the central committee of the railway public group, employee delegate or member of the hygiene, safety and working committee.
The term of a member of the Supervisory Board shall be free of charge without prejudice to the reimbursement by the public institution of the travel and residence expenses incurred for the exercise of the said mandate, under the conditions prescribed by the regulations applicable to civil servants of the State.
The duration of the mandate of the members of the SNCF Supervisory Board is five years. They cannot exercise more than two consecutive mandates.
The members who lost the quality under which they were appointed or appointed cease to be on board.
It may be put to an end, at any time, by decree, to the mandate of the members of the supervisory board of the SNCF not representing employees.
In the event of a vacancy by death or resignation or for any other cause, the replacement of the members of the Supervisory Board shall be as follows:
1° Members who do not represent employees are replaced under the conditions provided for in Article 9;
2° The term of office of a new member shall expire on the date on which his predecessor would normally have terminated.
I. - The Supervisory Board sets out the strategic, economic, social and technical orientations of the railway public group. As such, are subject to prior approval by the Supervisory Board:
1° The 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 execution;
2° Consolidated accounts of the railway public group accompanied by the group management report for verification and control purposes;
3° Contracts referred to in Article 3 where their amount is greater than a threshold fixed by the board;
4° The conventions referred to in Article 6 when their amount exceeds a threshold established by the board;
5° The decision to use a specialized subsidiary of an establishment of the 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 transaction decided by SNCF Réseau or SNCF Mobilités in excess of 100 million euros.
II. - The supervisory board ensures that the SNCF's missions are implemented by the directorate. It exercises permanent control over the management of the SNCF. As such, are subject to prior approval by the Supervisory Board:
1° The forecasting state of income and expenditure and its amending decisions, including changes in debt, wage policies and staffing;
2° The consolidated accounts of the group that the SNCF is with its subsidiaries;
3° The financial account and allocation of results for audit and control purposes;
4° Investments, transfers or extensions of financial participation;
5° Decommissioning of property in the public domain of the establishment;
6° Disposals for an amount greater than a threshold fixed by the board;
7° Transactions where their amount exceeds a threshold set by the board;
8° Bail, swallows and guarantees, beyond a threshold established by the council;
9° Investment transactions in excess of a threshold established by the Board;
10° General conditions for contracting conventions and markets;
11° Annual Activity Report.
The Supervisory Board shall establish its rules of procedure and establish the seat of the public establishment.
It may establish committees or commissions that it considers necessary for the proper performance of its missions. The rules of procedure specify the conditions under which officials under the authority of the ministers referred to in Article 10 may attend these committees or commissions.
A member of the Supervisory Board may be provided with the internal documents and information required to carry out his or her mandate for his or her strict use as a member of the Supervisory Board. The documents and information obtained are confidential.
The Supervisory Board shall meet at least six times a year at the meeting of its President. The President of the Supervisory Board sets out the agenda, after consultation with the Director.
The Supervisory Board may also be convened in a special session, on a specific agenda, at the request of the Government Commissioner, by a majority of Council members or at the initiative of the Supervisory Board Chair.
The Chair of the Supervisory Board may agree to participate in an advisory capacity at any meeting of the Supervisory Board any person whose competences appear to him to inform the Board's decisions.
The agenda as well as the documents necessary to understand the points on which the Supervisory Board is called to deliberate are communicated to its members and the Commissioner of the Government at least ten days before the date of the sitting. If this deadline is not met, the item can only be maintained on the agenda with the agreement of the Government Commissioner.
The board is only validly deliberated if at least half of its members are present. If this number is not reached, the board shall be reconvened within a period of not 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 are taken by a majority of the votes cast. In the event of a vote-sharing, the preponderant is the chair.
Any member of the Supervisory Board may give a warrant to another member to vote in his place and place on the issues on the agenda. A member can only have one term.
In accordance with Act of 11 October 2013 referred to abovewhere the supervisory board deliberates on a decision for which one of the members has, directly or indirectly, any interest, the member concerned does not participate in the deliberation.
The deliberations of the Supervisory Board shall be enforceable in full law unless the Commissioner of the Government objects to it in sitting. In that case, a second deliberation was taken at the next meeting.
A minutes of each session shall be drawn up, subject to the approval of the board at the next sitting. It is addressed to the Minister for Transport, the Supervisory Board members and the Commissioner of the Government.
The President of the Supervisory Board is appointed by decree, on the proposal of the Supervisory Board, among the members of the Supervisory Board representing the State under the age of sixty-eight years on the date of this proposal.
The Supervisory Board is convened and presided over by the Dean of Age to propose the appointment of its President during the first appointment or during a vacancy.
The President shall designate among the representatives of the State an alternate who shall preside over the session in the event of an impediment.
The Order appointing the President and the Executive Director on the proposal of the Supervisory Board is taken on the report of the Minister responsible for transport.
The Chairman of the Board may, on the proposal of the Supervisory Board, be revoked by order made on the report of the Minister for Transport.
The managing director may be revoked under the same conditions provided that the procedure defined in Article 26.
After deliberation of the Supervisory Board and prior to the transmission to the Minister responsible for transport of a proposal for appointment or renewal as delegated Chairman of the Management Board, the President of the Supervisory Board shall notify the Railway Activities Regulatory Authority, by any means to give certain date, of the following information:
1° The identity of the data subject;
2° The financial and evaluation conditions governing its mandates as the managing director of the SNCF and the chair of the SNCF Network Board of Directors;
3° A detailed description of any previous professional activities and possible benefits held by the person concerned in the railway sector, based on statements made by the person concerned and under his or her responsibility.
It shall send to the Minister responsible for transport copies of this information and the date of their receipt by the Railway Activities Regulatory Authority.
The Rail Regulatory Authority has a one-week period from the date of receipt of the information to request additional information and to express its wish to audition the person before deciding.
It shall have a period of three weeks from the receipt of the information or its supplements to oppose the proposed appointment or renewal if it considers that the terms and conditions fixed to the proposed person are metArticle L. 2111-16-1 of the Transport Code from the date of his appointment or renewal is insufficiently guaranteed.
In this case, the Commission shall notify the President of the Supervisory Board and the Minister responsible for transportation of its reasoned decision.
After deliberation of the supervisory board and prior to transmission to the Minister responsible for transport of a proposal to revoke the delegated president of the supervisory board, the president of the supervisory board shall notify the Regulatory Authority of railway activities, by any means to give certain date, the reasons for his proposal.
It sends a copy of this notification to the Minister responsible for transport and informs him of the date of its receipt by the Railway Regulatory Authority.
The Railway Activities Regulatory Authority has a one-week period from the date of receipt of the reasons for the proposal to request supplements and express its wish to audition this person before deciding.
It has a period of three weeks from the receipt of the reasons for the proposal or its supplements to oppose the proposal for revocation if it considers that this proposal is in fact motivated by the independence of which the chairman of the board of directors of SNCF Réseau has shown in respect of the interests of a company carrying on a railway business. In this case, the Commission shall notify the President of the Supervisory Board and the Minister responsible for transportation of its reasoned decision.
I. - The manager is responsible for the cohesion and coherence of the railway public group. In this capacity, it shall, inter alia, exercise the following functions:
1° He proposes to the supervisory board the general directions of the strategy of the railway public group;
2° He negotiates, submits to the approval of the supervisory board, concludes and implements the framework contract referred to in section 8;
3° It shall submit to the Supervisory Board the consolidated accounts of the entire railway public group and its subsidiaries, together with the group's management report;
4° It submits to the Supervisory Board the financial trajectory for the group from the contributions of SNCF Network and SNCF Mobility;
5° It informs each year the supervisory board of the perimeter changes of the subsidiaries of the railway public group establishments, of the essential data relating to the activity of the railway public group and of the general structure of the railway public group.
The directorate exercises its powers in permanent dialogue with the State.
II. - The manager is responsible for the management and operation of the SNCF. In this capacity, he has authority over the staff of the establishment and, in particular, the following functions:
1° He proposes to the Supervisory Board the general directions of the institution's policy;
2° It establishes and implements the business plan from the strategic plan;
3° It determines the general structure of the public establishment and the group it constitutes with its subsidiaries;
4° It sets out the forecast statement of income and expenditure and its amended decisions and, after approval of the supervisory board, executes them;
5° He submits the institution's financial account to the supervisory board;
6° It sets out the annual activity report.
The directorate determines, if applicable within the limits set by the supervisory board, the use of funds exceeding the cash requirements and the placement of reserves.
III. - The manager is responsible for the execution of the decisions of the supervisory board.
The Chair of the Supervisory Board prepares the Board's comments on the annual activity report that the Director presents on the situation of the SNCF and the railway public group and reports on the implementation of the framework contract between the SNCF and the State.
The annual report of the management, together with the observations of the supervisory board, is sent annually before 30 June to the ministers responsible for transport, economy and budget, to the Regulatory Authority for Rail Activities and to the High Committee of the Rail Transport System.
The directorate establishes a rules of procedure that organizes its operation.
The decisions of the board are taken unanimously.
The decisions of the board are recorded by minutes signed by the president and the delegated president and kept in a special register.
In the event of disagreement between the members of the Executive Board, found in a signed record of the two members of the Management Board and retained in the special register referred to in the third paragraph, the Chairman of the Supervisory Board shall take the decision in place of the Director.
Decisions taken by the President of the Supervisory Board under the conditions set out in the preceding paragraph are recorded by records kept in the special register referred to in the third paragraph. These minutes are signed by the President of the Supervisory Board and are cross-signed by the President and CEO.
The directorate is assisted by a commission of the markets to which it sets the composition which can be completed after the collection of its opinion by decree of ministers responsible for the economy, budget, competition and transport. This commission is consulted on the award of contracts in excess of a threshold set by order of the Minister responsible for transport after notice of the policy.
The manager may delegate some of his or her skills under conditions established by the supervisory board.
A commissioner of the Government and a commissioner of the Deputy Government is established with the SNCF.
The Government Commissioner and the Deputy Government Commissioner are appointed by order of the Minister for Transport.
The Commissioner of the Government or, if not the Commissioner of the Deputy Government, sits on the SNCF Supervisory Board with an advisory vote.
The Commissioner of the Government or the Commissioner of the Deputy Government also sits with an advisory voice in the committees and commissions established by the Supervisory Board.
The Commissioner of the Government ensures that the general policy of the SNCF and the railway public group is defined by the supervisory board in accordance with the duties of the establishment, the public interests at stake and the framework contract between the State and the SNCF referred to in Article 8.
The Committee shall, where appropriate, inform the Council of the Government ' s position on the issues considered. The Committee shall make such observations as may be necessary on the conformity of the Council ' s deliberations with the general guidelines of the public policy.
For these purposes:
1° Communicate all documents and conduct or conduct any audits;
2° Include or remove any questions on the agenda of an ordinary meeting of the Board;
3° Request a special meeting of the Council on a specific agenda.
It shall also exercise the powers referred to in articles 18 and 21.
In the event of the absence or incapacity of the Government Commissioner, his powers are exercised by the Deputy Government Commissioner.
An order of the Minister for Transport sets out the categories of acts and proceedings that are published in the Official Bulletin of the SNCF. This newsletter is broadcast on the SNCF's website on a permanent and free basis in conditions that guarantee its reliability.
The Director shall establish and submit to the Supervisory Board for approval, by December 31, each year, the forecast statement for the following fiscal year, with respect to operating expenses and revenues and capital transactions.
The manager ensures consistency of the technical, economic and financial assumptions adopted by SNCF Réseau and SNCF Mobility for the preparation of their respective budgets.
Following the preparation of their budgets by SNCF Réseau and SNCF Mobilités, the Management Board shall prepare and submit to the approval of the Supervisory Board the forecast statement for the same fiscal year, concerning the expenditures and revenues of the operation and the consolidated capital transactions at the level of the railway public group.
The forecast statement of revenues and expenditures includes:
1° A global forecasting account of results;
2° An output forecast by activity;
3° A physical and financial investment program;
4° A funding plan.
It discloses the amount of compensation received under the duties provided for in Article 3, as well as the amount of compensation received under the duties provided for in Article 5.
The forecast includes two separate sections, one for operating expenses and revenues, the other for capital transactions.
The forecast statement of income and expenditure is prepared by calendar year.
In the course of the fiscal year, a summary of the execution of the forecast state is presented at each ordinary session of the Supervisory Board.
A follow-up to the execution of the forecast, including a detailed analysis by post of variances with the forecast, is communicated to the Supervisory Board at least four times a year.
The Supervisory Board shall, by June 30 of each year, close the accounts of the past year.
Following the closure of their accounts by SNCF Réseau and SNCF Mobilités, the Supervisory Board shall, by June 30 of each year, close the consolidated accounts for the past year of the whole formed by the railway public group and the subsidiaries of the establishments of the group and transmit them to the ministers responsible for transport, economy and budget, accompanied by the group's management report.
The annual accounts referred to in the two preceding paragraphs are published in accordance with the common law terms applicable to commercial companies.
Compensation due to the SNCF pursuant toArticle L. 2102-16 of the Transport Code is fixed by the departmental director or, where applicable, regional public finances. It is equal to the replenishment value of the property, which includes:
1° Either the acquisition price of the replacement land, or the value of the ceded land when it is not necessary to acquire a replacement land;
2° The cost of reconstruction of buildings and real estate facilities built on the assigned land, corrected by the cost of improvements or increased capacity that would eventually be brought against the assigned buildings. This correction is modified based on the resulting investment anticipation for the SNCF;
3° Cost of relocation and relocation of transportable equipment.
The decommissioning of property in the public domain of the SNCF that is no longer assigned to the public service is approved by the Supervisory Board under the conditions set out in theArticle L. 2102-17 of the Transport Code.
When the SNCF plans to declassify a property from the public domain, it consults the region and, in Ile-de-France, the Ile-de-France Transport Union, which has a period of two months to make their opinions known on the decommissioning project. The notice is deemed favourable in the absence of a response from the deliberative body within that period.
The SNCF shall transmit with these notices the proposed decommissioning to the Minister responsible for transport, who has a period of two months to authorize it.
For goods of the railway public domain located near the railways operated, within a perimeter defined by an order of the Minister responsible for transport taken after notice of the Authority for the regulation of railway activities, the SNCF simultaneously informs the latter at the consultation referred to in the second paragraph.
Except as provided for in Article L. 213-1 j and fourth paragraph of article L. 240-2 of the urban planning code, where the SNCF intends to assign, if necessary after declassification, a real property that has become unnecessary to the pursuit of its missions, it shall inform the prefect and the president of the regional council, the president of the general council and the mayor of the commune where the property is located.
The State and the local authorities have two months to demonstrate their intention to acquire the said property.
Where the assignment requires a prior decommissioning, notices received or, in the event of a non-response, information that has been sent to public persons shall be attached to the Minister for Transport referred to in the third paragraph of section 39.
The SNCF has a period of three years from the authorization of the Minister for Transport referred to in section 39 to proceed with the decommissioning. This period may be renewed following the same procedure.
The SNCF shall communicate to the Minister for Transport the decision to declassify this property.
For goods less than an amount determined by order of the Minister for Transport, the prefect shall be substituted for the Minister for Transport for the purposes of sections 39 to 41.
The decommissioning decisions are published in the compendium of administrative acts of the prefectures of the departments in which declassified property is located.
The SNCF shall, upon request, communicate to the Minister for Transport a statement of property acquired, declassified or disposed of during the previous year by public establishments of the railway public group.
The economic and financial control of the State over the public establishments of the railway public group is exercised by the mission of economic and financial control of the transport under the conditions laid down in Articles 46 to 53.
The oversight mission shall perform the functions entrusted to it under the authority and on behalf of the Minister responsible for the economy and the Minister responsible for the budget.
It is also available to the Minister responsible for transportation for any advice or intervention requested in the areas of its jurisdiction.
The mission is responsible for an information, advice and control role in economic and financial matters with the SNCF, SNCF Réseau and SNCF Mobilités, as well as companies in which one or more of these public institutions hold more than the majority of the capital or of which more than the majority of the capital is held, together or separately, by them or by the companies themselves, under the same conditions, an indirect link of direct filiation or
Special procedures for the exercise of control are established, as necessary, especially for subsidiaries, by joint decree of ministers responsible for the economy, budget and transport.
The mission makes its opinion known by notes and reports addressed to Ministers responsible for the economy, budget and transport, as well as to the management of each public institution.
It may be assisted by outside individuals or organizations, specialized in monitoring and evaluation techniques. It informs the three ministers concerned above.
The mission provides written notice on all proposals submitted to the SNCF Supervisory Board, the SNCF Network Board of Directors and the SNCF Board of Directors Mobility related to contracts with the State pursuant to the articles L. 2102-5, L. 2111-10 and L. 2141-3 the Transportation Code and their updates, to business plans, to general business and investment programs, to the forecasting statements of revenues and expenses, and to the accounts of the year.
It may issue opinions on all matters and draft decisions affecting the financial balance of the SNCF, SNCF Réseau and SNCF Mobilités, in particular when these questions and projects are submitted to the SNCF Supervisory Board, the SNCF Network Board of Directors and the SNCF Mobility Board of Directors.
In particular, it can ensure the application of the agreements or contracts between public institutions of the railway public group and the State as well as other public persons.
The mission ensures compliance with competition procedures and ensures the regularity of procurement.
The contracts and framework agreements as well as the subsequent contracts associated with them passed by one of the public establishments of the railway public group are subject to the prior notice of the inspection mission, as long as their amount exceeds a threshold set by joint order of the ministers responsible for the economy, the budget and the transport after notice of the SNCF policy and the boards of SNCF Network and SNCF Mobility.
It is consulted on the projects for the creation of subsidiaries, taking or modification of participation established by one of the public institutions of the railway public group and the companies mentioned in the first paragraph of section 47, which must forward them to it before deliberation of their respective statutory bodies to which these notices are communicated.
If there is no response within fifteen days of the referral, the mission's notice is deemed favourable.
The head of the mission, or his representative, sits with an advisory voice on the SNCF Supervisory Board, the SNCF Network Board of Directors and the SNCF Mobility Board of Directors, the committees and commissions created by these councils, as well as the SNCF, SNCF Network and SNCF Mobility Market Boards.
At the same time as the members of the various organizations referred to above, he shall receive the documents addressed to them before each meeting.
The SNCF, SNCF Réseau and SNCF Mobilities provide the mission with all the information necessary to carry out its tasks. The members of the mission have all powers of investigation on exhibits and on site; they have access to accounting records. They may attend meetings of committees and commissions existing in public institutions and whose purpose is related to the competence of the mission.
The mission is located at the headquarters of the SNCF, which provides the necessary personnel and equipment for the performance of its functions.
The mission is headed by a member of the General Finance Inspection, Chief of Mission. He is appointed by order of Ministers responsible for the economy and budget, after advice from the Minister responsible for transport.
The members of the mission are appointed, on the proposal of the Head of Mission, by order of Ministers responsible for the economy and budget and chosen from among the officials under their authority, especially among the members of the General Economic and Financial Control Corps. The Minister for Transport shall make agents available to the Head of Mission.
If a distribuable benefit as defined by law results from the accounts for the fiscal year of SNCF Mobility, as approved by the Board of Directors of SNCF Mobility, the Supervisory Board shall debalance the amount of the dividend that may be distributed to the SNCF taking into account the financial situation of SNCF Mobility. Deliberation is subject to the agreement of the ministers responsible for the economy and the budget that decide within one month. If there is no opposition from one of the ministers after this period, the agreement of the ministers is deemed to have been granted.
The SNCF Supervisory Board deliberates on the amount of staffing paid to SNCF Réseau. Deliberation is subject to the agreement of the ministers responsible for the economy and the budget that decide within one month. If there is no opposition from one of the ministers after this period, the agreement of the ministers is deemed to have been granted.
After a review of the financial situation of the SNCF and acknowledging the existence of distribuable amounts in view of the allocation to SNCF Réseau, on the report of the Supervisory Board, the Minister responsible for the economy and the Minister responsible for the budget determine by order the amount of the dividend paid, if any, to the State.
Decree No. 83-110 of 18 February 1983 organising economic and financial control of the State on the French National Railways Corporation is repealed.
This Order comes into force at the latest of the two dates mentioned in I of Article 4 of Decree No. 2015-140 of 10 February 2015 relating to the missions and statutes of SNCF Réseau and Article 55 of Decree No. 2015-138 of 10 February 2015 relating to the missions and statutes of SNCF Mobility, and no later than 1 July 2015.
The Minister of Ecology, Sustainable Development and Energy, the Minister of Finance and Public Accounts, the Minister of Economy, Industry and Digital Affairs, the Secretary of State for Transport, the Sea and Fisheries and the Secretary of State for the Budget are responsible, each with regard to the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on February 10, 2015.
Manuel Valls
By the Prime Minister:
Minister of Ecology, Sustainable Development and Energy,
Royal
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Economy, Industry and Digital,
Emmanuel Macron
State Secretary for Transport, the Sea and Fisheries,
Alain Vidalies
The Secretary of State in charge of the budget,
Christian Eckert
