Key Benefits:
Publics concerned: SNCF, SNCF Mobility, SNCF Réseau.
Subject: definition of missions and statutes of SNCF Mobility.
Entry into force: the text comes into force on the date of effect for SNCF Mobility of the safety certificate issued by the Public Rail Safety Establishment or, if it is later, on the date of expiry of the security certificate currently held by SNCF Mobility, and no later than 1 July 2015.
Notice: This decree defines the purpose of SNCF Mobility and the missions entrusted to it. It also sets out the administrative organization of the institution, and in particular the functioning of the governance bodies. It describes the operating modalities of SNCF Mobility with other public establishments of the railway public group it forms with the SNCF and SNCF Réseau. Finally, it determines the rules of financial, accounting and government management that govern the operation of the establishment and the state control procedures.
References: the decree is taken for the application of theArticle 14 of Act No. 2014-872 of 4 August 2014 bringing rail reform. It is available on the website Légifrance (www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Having regard to Regulation (EC) No. 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public services for the carriage of passengers by rail and road, and repealing Council Regulation (EEC) No. 1191/69 and (EEC) No. 1107/70;
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. 2141-1 to L. 2141-19, L. 2144-1, L. 2144-2 and L. 2123-1;
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. 2003-194 of 7 March 2003 relating to the use of the national grid;
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;
Vu le Decree No. 2006-1279 of 19 October 2006 concerning the security of railway traffic and the interoperability of the railway system, in its drafting of Decree No. 2015-143 of 10 February 2015;
Vu le Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructure of the railway network;
Having regard to the opinion of the Railway Regulatory Authority of 27 November 2014;
Having regard to the advice of the Board of Directors of the Société nationale des chemins de fer français dated 27 November 2014;
The State Council (section of public works) heard,
Decrete:
The SNCF Mobility industrial and commercial public establishment is under the supervision of the Minister responsible for transport. He carries out the missions which are carried out by him by theArticle L. 2141-1 of the Transport Code.
SNCF Mobility contributes, through its activities, to the satisfaction of the transport and mobility needs of users in the most advantageous economic and social conditions for the community, to national unity and solidarity and to the defence of the country. To this end, it takes into account the associated costs, any initiative to develop the use of rail and other environmentally responsible modes for the transport of people and goods.
It operates rail passenger and cargo transport services on the national railway network in the best conditions of safety, accessibility, speed, comfort, regularity and punctuality.
It manages passenger stations and other service facilities entrusted to it by the State or other public persons in accordance with the principles of transparency and non-discrimination between railway companies.
In addition, it can provide mobility services and other complementary transportation services to better meet the needs of users.
SNCF Mobilities carries out missions that fall under an exclusive right, having been assigned to it by law in accordance with the principles of public service, including the continuity of public service and the conditions of access of users, ensuring a satisfactory balance between their profitability and their interest in the community.
SNCF Mobility contributes, through the transport and mobility services it provides to travellers, to the progressive implementation of the right to transport. As such:
1° It provides, within the framework of its autonomy of management or a convention concluded with the State in accordance with the provisions of Regulation (EC) No. 1370/2007 of the European Parliament and the Council of 23 October 2007 referred to above, the railway transport services of passengers of national interest;
2° It shall, in accordance with the provisions of the Regulations, provide railway transportation services for passengers of regional interest, under the conditions prescribed by the Articles L. 2121-3 to L. 2121-9 of the Transport Code ;
3° It provides, within the framework of its management autonomy, international rail transport services and complementary mobility services of its rail transport services.
The transport services it provides under 1° and 2° can, in particular cases, be provided by road transport.
SNCF Mobility may, when deemed necessary, assign by agreement any person holding a security certificate to operate a passenger transport service on a portion of the national railway.
The objective contract between SNCF Mobility and the State in application of theArticle L. 2141-3 of the Transport Code determines the broad directions set by the State to SNCF Mobility, in particular with regard to:
1° The quality of the service offer offered to users, in view of the transport needs of passengers and goods, from a multimodal perspective;
2° The operational performance and financial trajectory of the public establishment;
3° Accessibility to rail transport services;
4° The quality of service rendered to users;
5° The contribution to balanced territorial development;
6° The policy of rail transport of goods adapted to the needs of economic actors;
7° Contribution to sustainable development and energy transition objectives.
These guidelines are, whenever necessary, with indicators.
When the security of the country is threatened and troops or military equipment must be directed urgently to one of the points in the national territory accessible by rail, SNCF Mobility shall promptly make all its means of transport available to the State, at the request of the President of the Republic, the Prime Minister, the Minister of Defence or the Minister for Transport.
Expenses imposed, if any, on SNCF Mobility pursuant to this section shall be assessed by mutual agreement between the Minister for Transport and the Minister for Budget. They shall be reimbursed to the public institution under the conditions established by these ministers. SNCF Mobility is consulted on the assessment of these charges and on the terms and conditions of their reimbursement.
SNCF Mobility is administered by a board of directors composed of eighteen members including, in addition to the chair of the SNCF's executive board:
- four representatives of the State;
- two personalities chosen by the State because of their competence;
- five personalities selected by the SNCF to represent it;
- six employee representatives.
The representatives of the State to the board of SNCF Mobility and the personalities chosen by him because of their competence are appointed by decree taken on the report of the minister responsible for transport.
A member is appointed on the proposal of the Minister for Transport, one on the proposal of the Minister for Sustainable Development, one on the proposal of the Minister for Economy and one on the proposal of the Minister for Budget.
Among the personalities chosen because of their competence, a member is chosen as a representative of the rail transport users of persons or goods and a member is chosen because of his or her competence in the field of environmental protection and mobility.
The personalities chosen by the SNCF to represent it are appointed by order on the report of the Minister for Transport, on the proposal of the SNCF Supervisory Board. At least half of the SNCF representatives are designated among the employees of the SNCF.
The director's mandate representing employees is incompatible with any other function of representing the interests of staff within SNCF Mobility or its subsidiaries, including the functions of union delegate, union permanent, member of the central committee of the railway public group, staff delegate or member of the hygiene, safety and working conditions committee.
The administrator's mandate is free of charge without prejudice to the reimbursement by the public institution of the travel and residence expenses exposed for the exercise of the said mandate, under the conditions prescribed by the regulations applicable to civil servants of the State.
The term of office of the members of the SNCF Mobility 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 terminated, at any time, by decree, by the mandate of the representatives of the State to the board of directors of SNCF Mobility and personalities chosen by it because of their competence.
At the request, at any time, of the SNCF Supervisory Board, it may be terminated, by decree, by the mandate of the personalities chosen by the SNCF to represent it.
In the event of a vacancy by death, resignation or for any other cause, the replacement of members of the board of directors shall be as follows:
1° The representatives of the State, the members appointed because of their competence and the representatives of the SNCF are replaced under the conditions provided for by articles 8 and 9 respectively;
2° The term of office of the alternate members shall expire on the date on which their predecessors would normally end.
The board of directors defines the general policy of SNCF Mobility and determines the direction of the group that SNCF Mobility is with its subsidiaries, in accordance with the general directions of the railway public group and the objective contract mentioned in Article 5.
For these purposes, the board of directors shall deliberate on all matters relating to the purpose of the establishment and, without prejudice to the competences of their governing bodies, on those of its subsidiaries which it considers of significant interest. In this capacity, it exercises the following skills:
1° It determines the general structure of the public establishment and the group it constitutes with its subsidiaries;
2° It decides to take, extend or dispose of financial interests, create or dispose of subsidiary companies. It designates, on the proposal of the president, representatives of SNCF Mobility within the boards of directors of its subsidiaries;
3° It sets out general policies and general programmes of activity and investment, forecast statements of revenues and expenditures, accounts and consolidated accounts of the group that SNCF Mobility is with its subsidiaries;
4° It shall determine, subject to the provisions of Title V, the general terms and conditions for contracting, conventions and markets and the general rules for the use of availability and reserves;
5° It adopts the business plan and approves the objective contract referred to in Article 5;
6° It authorizes, under the conditions it determines, the conclusion of the conventions provided for in theArticle 6 of Decree No. 2015-137 of 10 February 2015 relating to the missions and statutes of the SNCF and the mission of economic and financial control of transport;
7° It approves the annual report of activities;
8° It authorizes, under the conditions it determines, the conclusion of borrowings, the procurement of contracts, agreements and mandates, acquisitions, classifications, declassifications, alienations, exchanges and constructions of buildings, the temporary occupation of the public domain managed by SNCF Mobility, the taking or lease of all real property; more generally, it sets out the conditions under which SNCF Mobilities ensures the management of its heritage, in line with the directions defined within the railway public group; he accepts or refuses gifts and bequests.
He is kept informed of the business plans of the subsidiaries, of which more than half of the capital is held directly or indirectly by SNCF Mobility; is kept informed of the general business and investment programs of these companies, their budgets and their accounts.
The board of directors 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 8 may be assisted by these committees or commissions.
A director may communicate for his or her strict use in the context of his or her functions as an administrator the internal documents and the information necessary for the proper exercise of his or her mandate. The documents and information obtained are confidential.
The board of directors is assisted by a commission of the markets, of which it sets the composition, which can be supplemented after receiving 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 board of directors.
The Board of Directors meets in ordinary session at least six times a year on the convocation of its Chair, which sets out its agenda.
It may also be convened in a special session, on a specific agenda, at the request of the Commissioner of the Government, by a majority of the members of the Council or at the initiative of the President.
The Chair may agree to participate in an advisory capacity in any session of the Board of Directors any person whose competences seem to inform the Board's decisions.
The agenda as well as the documents necessary to understand the points on which the board of directors is to be deliberated are communicated to the directors and the Commissioner of 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 board of directors 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 board of directors deliberates 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 board of directors shall be enforceable in full law unless the Commissioner of the Government objects to it in sitting. In this case, a second deliberation is made at the following board of directors.
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, Directors and the Commissioner of Government.
The President shall designate among the representatives of the State an alternate who shall preside over the session in the event of an impediment.
Subject to station management provisions, the chair of the Board of Directors of SNCF Mobility implements the policy defined by the Board of Directors and ensures the execution of its deliberations.
To this end, it has all the powers necessary to ensure the proper functioning of the public institution and to act in all circumstances on its behalf. It is responsible for the proper economic and financial management of the company and takes appropriate measures to control this management in accordance with the objectives assigned to the company.
It is responsible for compliance with the accounting separation rule set out in the articles L. 2123-1, L. 2144-1 and L. 2144-2 Transport code.
The Board of Directors may delegate to its President a portion of its powers, subject to the Board's responsibility to act within the institution's programs and within the limits of the expenditures in its budgets, and to report to the Board of Management.
The President of the Board of Directors represents SNCF Legal Aids, to any independent administrative authority and in all acts of civil life.
Its quality includes:
1° Convoking the board of directors under the conditions established by this decree;
2° Pass all acts, treaties or markets;
3° Clear and order all expenses, receive the sums due to SNCF Mobility, give all receipts, quitttances and discharges;
4° Nommer and revoke the staff of the public establishment.
The Chair of the Board of Directors shall submit to the Board each year the annual business report of the company and of the group it is with its subsidiaries.
The Chair of the Board of Directors may delegate some of his or her powers under conditions established by the Board of Directors.
In accordance with the accounting separation principle mentioned inArticle L. 2123-1 of the Transport Code, the board of directors shall determine the royalties provided for in theArticle 13-1 of the Decree of 7 March 2003 referred to above under the conditions it provides. It ensures that stations are managed in a transparent and non-discriminatory manner.
Missions for the management of passenger stations planned for theArticle L. 2141-1 of the Transport Code and in particular the corresponding benefits defined in thearticle 4 of the decree of 20 January 2012 referred to above are provided within SNCF Mobility by an autonomous management, with accounts distinct from those of the other activities of the establishment.
By derogation from the 4th of section 23, the board of directors appoints the director of the stations, on the proposal of the president of SNCF Mobility after the opinion of the Autorité de regulation des activitésrails, and sets the duration of its mandate. The board of directors may not put an early end to its functions, if any at the request of the president of SNCF Mobility, only by reasoned decision and after notice of the Autorité de regulation des activitésrails.
By derogation from the fourth paragraph of section 23, the board of directors may delegate a portion of its station management duties only to the station manager. The Railway Activities Regulatory Authority is informed by SNCF Mobility of the delegations granted to the Director of Stations in terms of markets and investments.
The station director may not be a member of the SNCF Mobility Board. He may delegate his signature and part of his duties under the conditions provided for by deliberation of the board of directors.
The station manager does not receive any instruction that is likely to challenge or distort the independence of his or her management and ensures that the decisions taken for the execution of his or her missions are non-discriminatory.
The station manager is solely responsible for the administrative and budgetary management of his management.
Staff employed by this management may only be instructed by the station manager or by a staff placed under his authority.
By derogation from section 14, the station manager shall determine the capital cost of the capital provided for in section 14.Article 13-1 of the Decree of 7 March 2003 referred to above.
Grade advance decisions and decisions that fall within the competence of the disciplinary bodies specific to SNCF Mobility that are of interest to an employee who normally provides the benefits defined in thearticle 4 of the decree of 20 January 2012 referred to above cannot be taken without the advice of the station manager or an employee placed under his or her authority, previously consulted. This notice shall be communicated, upon request, to the employee concerned.
The procedures to which employees are responsible for providing the benefits defined in Article 4 of the above-mentioned decree and which are not placed under the authority of the station manager are defined in a document communicated, at his request, to any railway company.
A code of ethics, applicable to all personnel employed by the autonomous management of passenger stations, is established by the station director after notice of the Railway Regulatory Authority and made public.
Each year, the station director publishes an activity report, which includes the extract of the certified SNCF Mobility accounts related to the station's autonomous management. This report details the internal organizational measures taken to prevent the risk of discriminatory practices between railway companies. It is communicated to the Authority for the regulation of railway activities. It reports on the achievement of performance objectives for the management of passenger stations, the improvement of the quality of the services provided and the implementation of the investment programs.
A commissioner of the Government and a commissioner of the Deputy Government is established with SNCF Mobilités.
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 shall serve on the Board of Directors of SNCF Mobility with an advisory vote.
The Commissioner of the Government or the Commissioner of the Deputy Government also sits with an advisory vote on committees and commissions established by the Board of Directors.
The Commissioner of the Government ensures that the general policy of SNCF Mobility and the group it constitutes with its subsidiaries is defined by the board of directors in accordance with the missions of the establishment, the public interests at stake and the contract of objectives between the State and SNCF Mobility referred to in Article 5.
The Committee shall inform the Council as appropriate of the Government ' s position on the issues under consideration. 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 SNCF Mobility. This newsletter is broadcast on the SNCF Mobility website permanently and free of charge in conditions that guarantee its reliability.
Each year, SNCF Mobility sets a budget for the public establishment and for the group it makes with its subsidiaries for the following year, including:
1° A global forecasting account of results;
2° An output forecast by activity;
3° A detailed physical and financial investment programme by project and by financer for major projects related to passenger stations;
4° A physical and financial investment program for other projects;
5° The detailed list of contracts in force between SNCF Mobility and SNCF Réseau and the amount of payments under each of these contracts.
In the course of the fiscal year, a summary of budget execution is presented at each ordinary session of the Board of Directors.
A follow-up to the execution of the forecast, including a detailed analysis by post of variances with the forecast, is communicated at least four times a year to the Board of Directors.
SNCF Mobility establishes accounts of profits and losses and balances that trace all assets and liabilities, the perimeter of the public establishment and the perimeter of the group it constitutes with its subsidiaries.
Pursuant to the articles L. 2123-1, L. 2144-1 and L. 2144-2 of the Transport Code, SNCF Mobility sets out separate accounts of profits and losses and balance sheet traced to all assets and liabilities on the perimeter of the public establishment, distinguishing:
1° Passenger rail transport activities and, within them, each activity subject to a public service contract;
2° Rail freight transport activities;
3° Service facilities management activities and, within them, passenger station management activities.
In addition, in accordance withArticle L. 2144-1 of the Transport Code, SNCF Mobility establishes in a consolidated manner accounts of profits and losses and balances that include all assets and liabilities for the rail transport of goods carried out by SNCF Mobility or its subsidiaries.
The board of directors shall, by June 30 of each year, determine the accounts of the past year. On this occasion, SNCF Mobility presents to the Board of Directors the separate accounts established pursuant to section 37.
The annual accounts are published in accordance with the terms of common law applicable to commercial companies.
Separate accounts established pursuant to Article 37 are published in a manner specified by joint order of Ministers responsible for transport, economy and budget.
The non-depreciable property transferred by the State to SNCF Mobilities is recorded on the assets of its balance sheet for its value at the date of delivery.
These assets, as well as those acquired by the public institution, may be subject to further evaluations.
The real estate managed by SNCF Mobilities consists of the property transferred to SNCF Mobilities by the State and the property acquired by SNCF Mobilities on behalf of the State.
The legal and financial conditions of the occupation by third parties of the domain managed by SNCF Mobility, as well as the modalities of acquisitions of buildings, incorporations in this field, changes of use and alienations are determined by this title, which also sets out the modalities of the control exercised by the State as the owner of the buildings.
The handover to SNCF Mobilities is noted by a report prepared between the representatives of SNCF Mobilities, the domain service and, where appropriate, the service that is detached from the buildings. This report mentions the amount of the allowance set by the departmental director or, if applicable, regional public finances.
The transfer to management for the benefit of the state of a real estate managed by SNCF Mobility is carried out in the same manner.
Compensation due to SNCF Mobility pursuant toArticle L. 2141-15 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 ceded land, corrected by the cost of improvements or increased capacity that would eventually be provided in relation to the resumed buildings. This correction is modified based on the resulting investment anticipation for SNCF Mobility;
3° Cost of relocation and relocation of transportable equipment.
If SNCF Mobility does not accept the principle of assignment, the territorial community concerned or the grouping of territorial authorities may refer to the Minister responsible for transport. The assignment can then be authorized by a joint decision of Ministers responsible for transport, the field and the interior.
In application of theArticle L. 2141-16 of the Transport Code, real property that depends on the public domain of which it manages and which is not assigned to the continuation of its missions may be declassified by deliberation of the board of SNCF Mobility.
When SNCF Mobility plans to declassify a property from the public domain, it consults the region and, in Ile-de-France, the Syndicat des transports d'Ile-de-France, which has a period of two months to communicate their opinions on the proposed decommissioning. The notice is deemed favourable in the absence of a response from the deliberative body within that period.
SNCF Mobility transmits 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, SNCF Mobility informs the latter simultaneously to the consultation provided for 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, when SNCF Mobilities 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.
When the assignment requires a prior decommissioning, notices received or, in the event of a non-response, information that has been sent to public persons is attached to the Minister for Transport referred to in the third paragraph of section 43.
In the event of amicable transfer to a territorial authority, the sale price of a real property is equal to the value of that property fixed by the departmental director or, where applicable, regional public finances diminished by the unamortized portion of the subsidies paid by that community for the property in question.
In other cases of amicable assignment or in the event of public auction, the sale price or the price of the sale is at least equal to the Veal value established by the departmental director or, where applicable, regional public finances.
SNCF Mobility has a period of three years from the authorization of the Minister for Transport referred to in section 43 to proceed with the decommissioning. This period may be renewed following the same procedure.
SNCF Mobility communicates 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 43, 44 and 46.
The decommissioning decisions are published in the compendium of administrative acts of the prefectures of the departments in which declassified property is located.
The crossover of the state railway public domain managed by SNCF Mobilités, through a new public communication channel, shall not, for the benefit of SNCF Mobilités, be entitled to any compensation of a domanial character for the part of the crossing facility located vertically from that domain.
The dependencies of the railway public domain which are permanently distracted for the realization of the crossing work are assigned to the State or to the territorial community concerned.
The above provisions are applicable, reciprocally, in the case of the crossing at the level, in the depths or in the basement, of a public communication channel existing by an extension of the railway public domain.
In the event of the edification of the railway public domain of any other work as a public communication channel, which is of a public nature, the use of the treasury or oversolvency is the subject of an assignment to the public person concerned or an authorization for occupation in an expensive manner.
The amount of disposal prices and allowances paid by SNCF Mobility under this heading is recorded in a special account for its use in the development and development of the domain managed by SNCF Mobility.
SNCF Mobilities shall, upon request, communicate to the Minister responsible for the domain a state of the buildings it manages. This is the result of the survey provided by thearticle R. 2312-5 of the general public property code.
SNCF Mobility shall, upon request, communicate to the Ministers responsible for transport and the field the state of the real property it acquires.
The economic and financial control of the State on SNCF Mobility is exercised by the mission of economic and financial control of the transport in the conditions fixed by the Decree No. 2015-137 of 10 February 2015 relating to the missions and statutes of the SNCF and to the mission of economic and financial control of transport.
The above-mentioned decree of 7 March 2003 is amended:
1° Section 13-1 is amended as follows:
(a) In the first paragraph, the reference toArticle 11-2 of Decree No. 83-109 of 18 February 1983 relating to the statutes of the Société nationale des chemins de fer français is replaced by the reference to Article 25 of Decree No. 2015-138 of 10 February 2015 concerning the missions and the statutes of SNCF Mobility;
(b) In the fifth, sixth, eleventh, eighteenth and twentieth preambular paragraphs, the reference to Article 11-2 of the Decree of 18 February 1983 is replaced by the reference to Article 25 of the Decree of No. 2015-138 of 10 February 2015 concerning the missions and statutes of SNCF Mobility;
2° Section 14-1 is amended as follows:
(a) In the first paragraph, the reference toArticle 11-2 of Decree No. 83-109 of 18 February 1983 relating to the statutes of the Société nationale des chemins de fer français is replaced by the reference to Article 25 of Decree No. 2015-138 of 10 February 2015 concerning the missions and the statutes of SNCF Mobility;
(b) In the thirteenth paragraph, the reference toArticle 22 of Decree No. 83-816 of 13 September 1983 is replaced by the reference toArticle 50 of Decree No. 2015-138 of 10 February 2015 relating to the missions and statutes of SNCF Mobility.
Are repealed:
1° The Decree No. 83-3 of 5 January 1983 setting out the terms and conditions for the election of employee representatives to the board of directors of the Société nationale des chemins de fer français;
2° The Decree No. 83-38 of 24 January 1983 setting out the terms and conditions for the appointment of members of the board of directors of the Société nationale des chemins de fer français;
3° The Decree No. 83-109 of 18 February 1983 relating to the statutes of the Société nationale des chemins de fer français;
4° The Decree No. 83-816 of 13 September 1983 relating to the domain entrusted to the Société nationale des chemins de fer français;
5° Decree No. 83-817 13 September 1983 of the 13 September 1983 approving the terms of reference of the Société nationale des chemins de fer français and the specifications annexed to it, with the exception, in this terms of reference, of articles 6 to 19,32 and 34,43-1 to 43-3,45 to 50 and 52.
This decree comes into force on the date of effect for SNCF Mobility of the security certificate issued by the Public Rail Safety Establishment in accordance with the provisions of the decree of October 19, 2006 referred to in its drafting resulting from decree n° 2015-143 of February 10, 2015 relating to the safety of the railway traffic and the interoperability of the railway system, validating the system of management of the security holder of SNCF Mobility in its subsequent decree
I. - The term of office of employee representatives on the board of directors in progress on the date of entry into force of this decree continues until the next elections of employee representatives.
II. - The limitation of the number of consecutive mandates provided for in Article 12 shall cover terms beginning after the coming into force of this Decree.
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
