Key Benefits:
Publics concerned: any public, administrations.
Subject: creation of the national public institution of the City of Music - Philharmonie de Paris.
Entry into force: the text comes into force on October 1, 2015.
Notice: the decree provides for the creation of the national public establishment, industrial and commercial, of the City of Music - Philharmonie de Paris. This establishment is intended to replace the Philharmonie de Paris association, created to ensure the mastery of the construction of the Philharmonie room and the launch of its operation, and the public establishment of the City of Music, including the National Museum of Music. The missions of this institution are carried out in the continuity of those that were carried out by the public establishment of the City of Music. It is administered by a board of directors composed of eighteen members, and headed by a director general appointed by decree in council of ministers.
References: The decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
President of the Republic,
On the report of the Minister of Culture and Communications,
Considering the Civil Code, in particular its article 2045;
Considering the trade code, including its article L. 233-3;
Considering the general code of public ownership, including articles R. 2313-1 to R. 2313-5 and R. 4121-2;
Considering the heritage code, including its book IV;
Having regard to Act No. 83-675 of 26 July 1983 on the democratization of the public sector;
Considering Act No. 84-834 of 13 September 1984 on the age limit in the public service and the public sector;
In view of Decree No. 53-707 of 9 August 1953 on State control over national public enterprises and certain organizations with an object of economic or social order;
In light of the amended Decree No. 92-681 of 20 July 1992 on revenue and advances by public bodies;
In view of 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 civil personnel of the State;
Considering Decree No. 2010-1035 of 1 September 2010 on the duration of the mandates of the leaders and the functioning of the governing bodies of some of the State public institutions;
Considering Decree No. 2012-1246 of 7 November 2012 on budgetary management and public accountancy;
Considering the opinion of the Cité de la musique business committee of 24 June 2015;
Considering the advice of the ministerial technical committee dated 25 June 2015;
The State Council (inland section) heard;
The Council of Ministers heard,
Decrete:
The public establishment of the Cité de la Musique - Philharmonie de Paris is a national, industrial and commercial public institution under the supervision of the Minister responsible for culture. He carries out his duties in continuity with those carried out by the public establishment of the City of Music.
His seat is in Paris.
The City of Music - Philharmonie de Paris contributes to the development of musical life and practice and to the knowledge of music and its heritage. It works, through a plural offer of musical events, the enlargement of the public and its renewal. It supports, in their diversity, the musical formations it hosts. It contributes to the information and musical training of the public. It takes the initiative of national and international exchanges in the field of music or participates in it.
To this end, the mission is to:
1° Organize, produce, co-produce, broadcast and promote concerts, musical shows and exhibitions as well as all artistic and cultural events in relation to its object;
2° To develop cultural and educational activities for the public to promote equal access to all forms of music and to support initiatives that contribute to their knowledge and practice;
3° To manage and operate the concert halls and the workspaces of which it is equipped, directly or through subsidiaries, including the large showroom intended primarily for the reception of orchestral formations and the diffusion of the symphony repertoire;
4° To accommodate in residence various musical formations and, if necessary, to manage them;
5° To create musical works, including contemporary music;
6° To manage and operate the National Museum of Music, which has a mission to contribute to the knowledge of music and the conservation of instrumental heritage, to enrich, study and present the national collections of which it has custody, to exercise a role of consulting and animation of the network of public collections in the field of music and to manage documentation, research and restoration activities within its laboratory;
7° To value, enrich and present to the public and researchers a documentary fund and databases on the different fields and genres of music by any means and on any medium, including a media library.
For the performance of its missions, the establishment may include:
1° Welcome and encourage all activities and initiatives, especially in the areas of the organization of musical events, mediation and museum. He strives to spread his productions, whether it be concerts or exhibitions. It organizes public initiation or high-level specialization activities;
2° To welcome, host orchestras, musical ensembles, creators and researchers on a permanent or ad hoc basis, within the framework of residences, to carry out missions of creation, research, production, dissemination, training, mediation and pedagogy, outside the walls or within the spaces dedicated to these activities within the establishment;
3° Dissemination and valorization of all its activities and know-how by any means and on any medium, by doing alone or with other operators, any design, editing and marketing of products and services;
4° Cooperate at the national and international level with organizations pursuing objectives in relation to their missions or contributing to the realization of them or to the development of their resources, activities or projects of common interest;
5° Conducting activities, issuing public domain authorizations to public or private persons and passing any conventions for the use of spaces that may host events of all kinds;
6° Acquiring and exploiting any intellectual property rights, patenting any invention or laying on its behalf any design, model, mark or title of industrial property that corresponds to its productions, value according to any appropriate modality any intellectual input related to its activities;
7° To pass conventions with the various legal persons having an activity on the site of the Parc de la Villette and to take participation in their capital;
8° Taking financial participations in the capital of companies pursuing the same objectives and creating subsidiaries;
9° Concluding patronage or sponsorship operations;
10° Generally, perform any legal acts of private law that are useful to the execution of his missions.
Cultural policy and the strategy of the establishment, its activities and its investments are the subject of a multi-year contract with the State.
This contract sets out the facility's performance objectives against the assignments and the means available to it.
La Cité de la musique - Philharmonie de Paris may pass with the city of Paris or any other interested community of the conventions intended to fix the terms of the association of these to the fulfilment of some of the missions of the public establishment, as defined in article 2 of this decree. The State is co-signatory to these conventions.
The public establishment ensures the management of buildings, owned by the State or held in enjoyment, necessary for the exercise of its duties and which are made available to it by a convention of use concluded under the conditions provided for in articles R. 2313-1 to R. 2313-5 and R. 4121-2 of the general code of public property.
It exercises control over all work related to these buildings and bears the corresponding costs.
The Board of Directors has eighteen members:
1° Five State representatives appointed by decree under the following conditions:
(a) Four representatives of the Minister responsible for culture, a representative selected within the general direction of artistic creation, a representative selected within the general direction of heritage, a representative selected within the general secretariat and a director of a public institution under the supervision of the Ministry responsible for culture;
(b) A representative of the Minister responsible for the budget selected within the budget management;
2° Seven personalities appointed by decree under the following conditions:
(a) Two representatives of the mayor of Paris;
(b) The President of the Ile-de-France region or his representative;
(c) A representative of the Conservatoire national supérieure de musique et de danse de Paris;
(d) Three personalities chosen because of their competence in the areas of competence of the institution;
3° Six staff representatives elected under the conditions set out in Chapter II of Title II of the Act of 26 July 1983 referred to above. Six alternates are elected under the same conditions.
For each member of the board of directors referred to in 1°, an alternate is appointed under the same conditions. Members of the board of directors may, in the event of an incapacity, issue a warrant to another member of the board to represent them. Each member can only receive one term for one meeting.
The term of office of the Board of Directors is five years renewable. It can only be renewed once for the members mentioned in the second paragraph of Article 7.
Any vacancy, for any cause, or loss of quality under which Council members have been designated, shall be replaced for the remainder of the term, if that period exceeds three months.
I. - Elected staff representatives on the board of directors shall be credited to fifteen hours per month for the performance of their duties.
The other members of the board of directors shall exercise their functions free of charge. However, their travel and living expenses may be reimbursed under the conditions provided for in the regulations applicable to civil personnel of the State.
II. - Members of the board of directors may not take or maintain any interest or hold any office in the enterprises dealing with the establishment for contracts of work, supplies and services, or provide benefits for those enterprises, unless expressly authorized in advance by the board of directors. Except as expressly authorized by the board of directors and with the exception of staff representatives, they may not lend their assistance in an expensive manner to the establishment.
The Board of Directors meets at least twice a year, at the convocation of its President who sets the agenda. It is also convened by the President at the request of the Minister for Culture or that of the majority of its members who, in this case, propose the agenda of the session.
In the event of the President's vacancy, absence or incapacity, the Board of Directors may be convened by the Director General of the Public Institution. In this case, a representative of the State chosen within the general direction of artistic creation chairs the board of directors.
The council may only validly deliberate if at least half of the members are present, begged or represented. The deliberations shall be taken by a majority of the votes of the members present or represented. In the event of equal sharing of votes, the president's voice is preponderant. If the quorum is not reached, the council is again convened with the same agenda within fifteen days. It then deliberates without condition of quorum.
The Director General, the Fiscal Monitor and the Accountant attend the sessions with an advisory voice. The President may call to participate in the meetings any other person whom he or she considers the attendance to be useful. The guest(s) have an advisory voice.
A record of each session of the Board of Directors signed by the sitting chair and by the secretary shall be prepared.
The board of directors rules by its deliberations the business of the institution.
It deliberates in particular on:
1° The general orientations of the institution's artistic, cultural and educational policy;
2° The scientific and cultural project of the museum;
3° The draft multi-year contract under Article 4 and the performance report that reports annually on its implementation;
4° Draft conventions concluded under Article 5;
5° Annual Activity Report;
6° The establishment's own resource policy including rate policy and patronage policy;
7° The budget and its amendments;
8° The financial account for the year ended and the allocation of the result;
9° Acceptance or refusal of donations and bequests other than those consisting of cultural property intended to take place in the collections of the music museum;
10° Draft agreements for the use of buildings concluded under Article 6;
11° Projects for the sale, rental, purchase and lease of buildings;
12° The categories of contracts that, because of their nature or the financial amount incurred, must be submitted to the Director General for approval and the categories of which he or she delegated responsibility to the Director General;
13° Legal actions and transactions;
14° General terms and conditions of employment and remuneration of staff;
15° concessions, authorizations for occupation and exploitation of the public domain and public service delegations;
16° Holdings, extensions and transfers of participations, creations of subsidiaries and participation in groups of public interest or groups of economic interest, public institutions of cultural cooperation or associations;
17° General measures relating to the organization and operation of the establishment;
18° The establishment's rules of procedure and visiting regulations of the music museum;
19° Authorized loans;
20° The program of work, investments and all commitments made by the establishment beyond three years.
The Board of Directors may delegate to the Director General some of the duties set out in 9°, 13° and 15°, under the conditions it determines. The Director General shall report on the decisions that he has made under this delegation at the meeting of the Board of Directors following them.
In the event of an emergency, the 11° deliberations with respect to building leases may be taken after written consultation of the board members. These decisions must be ratified by the Board of Directors at its next session.
The deliberations of the board of directors, other than those referred to in the following paragraphs, shall become executors of law fifteen days after their receipt by the Minister responsible for culture if they did not object within that period. The same is true of the decisions of the Director General made by delegation of the Board of Directors pursuant to section 11, subject to the agreement of the budgetary controller for decisions relating to transactions.
Deliberations relating to 6°, 7°, 8°, 12° and 13° of section 11 shall become enforceable in full right fifteen days after their receipt by the Minister for Culture and the Minister responsible for the budget if none of them has made opposition to it within that period. Those relating to the 14th of the same section become enforceable within one month of their receipt by the Minister of the Budget if they did not object within that period.
In order to become enforceable, the proceedings relating to 1°, 2° and 14° of section 11 must be expressly approved by the Minister responsible for culture. Those relating to 11°, 16° and 19° of the same section must also be expressly approved by the Minister responsible for the budget.
The chair of the board of directors shall be appointed on the proposal of the board of directors by decree in council of ministers for a period of five years renewable once, among the members mentioned in the d of 2° of Article 7. It sets out the agenda of the Board of Directors and presents the proceedings in session.
The Director General of the institution is appointed by Order in Council of Ministers on the proposal of the Minister for Culture for a five-year term, after which it can be renewed twice per three-year period. Prior to his proposal, the minister responsible for culture took the opinion of the mayor of Paris. This notice shall be deemed to have been given if it has not been expressly acted upon by the mayor upon the expiry of a period of fifteen days following his referral by the Minister.
The Director General directs the public institution.
As such:
1° He proposes the agenda of the board of directors, prepares the deliberations of the board of directors and ensures its execution;
2° It sets out the annual and multi-year programming of the institution's artistic and cultural events. He negotiated the draft multi-year contract referred to in Article 2 and prepared the draft annual performance report;
3° He is an orderer of income and expenditure;
4° It prepares the initial budget of the public institution and the correctional budgets, and ensures that they are carried out in balance;
5° In the event of an emergency and after the opinion of the budgetary controller, it may take corrective budgets in accordance with the provisions of Article 177 of the decree of 7 November 2012 referred to above;
6° It represents the establishment in justice and in all acts of civil life;
7° He has authority over all of the facilities' services and personnel. He manages the staff. He's recruiting contractual personnel. It affects personnel in the different services of the establishment;
8° It signs contracts and agreements involving the establishment;
9° It concludes the transactions and passes the acquisition, exchange and sale of buildings, authorized under the conditions set out in Article 11;
10° It sets out entry fees and rates in accordance with the policy defined by the Board of Directors;
11° He reports on his management to the Board of Directors;
12° He chairs the establishment's business committee;
13° It prepares and signs business agreements.
The Director General is assisted by an Assistant Director General and a Director of the Music Museum.
Except in respect of the acts referred to in 1°, 2° and 5° of Article 15, the Director General may delegate his signature to the Deputy Director General and the officials of the establishment's services and, in the event of their incapacity, to the other officers under his authority.
In the event of a vacancy or incapacity of the Director General, for any reason, the duties of an agent are temporarily exercised by the Deputy Director General for the routine performance of the income and expenses of the establishment.
The Assistant Director General of the establishment is appointed by the Director General for a three-year renewable period. Placed under the authority of the Director General, he is responsible for the administration and management of the institution. It prepares and implements the decisions of the Director General and the Board of Directors. It provides, by delegation of the Director General, the management of the facility's services.
The Director of the Music Museum, chosen from among persons with qualifications within the meaning of section L. 442-8 of the Heritage Code, is appointed by order of the Minister responsible for culture, on the proposal of the Director General of the Institution, the Director General of Heritage and the Director General of Art Creation, for a period of three years renewable.
Placed under the authority of the Director General:
1° He is responsible for the collections and their management;
2° He is responsible for the scientific and cultural policy of the museum;
3° It offers the program of temporary exhibitions, events and cultural activities of the Museum of Music;
4° He drafts the museum's rules of procedure and proposes it to the Director General;
5° He prepares and proposes to the Director General the estimates of expenses and revenues of the museum;
6° He presents to the Board of Directors the annual review of the museum's activities.
An artistic, cultural and educational programming committee is formed within the institution. Presented to the Director General, he gives the Director General his opinion on the main orientations of the programming of the institution's artistic, cultural and educational activities and assesses the implementation of these activities. Its composition is determined by the Board of Directors on the proposal of the Director General.
The public establishment ensures the custody of State-owned collections.
These collections are managed on a basis determined by a convention between the Minister for Culture and the institution, including the terms and conditions of the loans and deposits. The General Heritage Directorate controls the proper management of the collections under this Convention and monitors the holding of inventories and compliance with the rules applicable to the management of national collections.
A scientific council is placed with the director of the music museum. Its composition shall be determined by order of the Minister for Culture who appoints members for a period of three years renewable on the proposal of the Director General. It is consulted by the museum on the orientations of the scientific and cultural policy of the museum and on the modalities for the loan and deposit of the works listed in the museum's inventory and any other matter that the director submits to it on the scientific management of the museum's collections. It meets at least once a year.
The establishment, on its resources and on behalf of the State, carries out acquisitions in an expensive or free manner of cultural property intended to enrich the collections of the State of which it has custody. These assets are recorded on its inventory. Acquisitions are subject to annual information from the Board of Directors.
For property that is less than the thresholds defined by an order of the Minister responsible for culture, the acquisition is decided by the Director General of the establishment, on the proposal of the museum director, after notice of the acquisition commission of the establishment. In the event of an unfavourable opinion of the institution's commission and when the Director General maintains his will to acquire, the Director General of Heritage shall, for advice, take the artistic advice of national museums.
For goods of value equal to or greater than these thresholds, the opinion of the artistic council of national museums is also required. In the event of an unfavourable opinion of the National Museums Art Council and when the Director General of the institution maintains his or her willingness to acquire, the Minister responsible for culture takes action.
The composition and operating modalities of the acquisition commission chaired by the director general of the institution are defined by order of the Minister responsible for culture.
The Minister responsible for culture may make changes in the allocation with the national museums referred to in section D. 421-2 of the Heritage Code, of all or part of the collections and cultural property of which the public institution has custody, including those acquired under this section, after the advice of the board of directors of the establishment and artistic council of the national museums.
The establishment is subject to the provisions of headings I and III of the above-mentioned decree of 7 November 2012.
The establishment's accounting officer shall be appointed by joint order of the Minister responsible for culture and the Minister responsible for the budget, after notice by the director general of the establishment.
The Director General may create advances and receipts under the conditions set out in the above-mentioned Decree of 20 July 1992.
Revenues from the public establishment include:
1° The recipes of concerts and other artistic or cultural events;
2° The product of admission rights to the museum and exhibitions, visits-conferences and workshops accompanied;
3° The proceeds of commercial operations and, in general, all other revenues derived from the exercise of its activities;
4° The income of the movable and immovable property and the royalties due to the permissions for temporary occupation of the buildings made available to it;
5° The product of shooting and shooting rights;
6° Compensation for services rendered and benefits provided;
7° Financial products resulting from the investment of its funds;
8° The product of participations;
9° The product of alienations;
10° Donations and bequests;
11° The recipes of patronage and patronage;
12° Grants, advances and competition funds and other contributions granted by the State, territorial authorities and any public or private organization;
13° Any other recipe authorized by statutes and regulations.
The expenses of the public institution include:
1° Staff costs, which include:
(a) Activity pay;
(b) Social contributions and contributions;
(c) Social benefits and various allowances;
2° Operating and operating expenses;
3° Investment expenses;
4° Any other expenses authorized by the laws and regulations that contribute to the fulfilment of the duties set out in section 1.
Until the first election of representatives of the staff of the public establishment of the City of Music - Philharmonie de Paris mentioned in article 7, which must take place within three months of the coming into force of this decree, the board of directors shall sit validly with the elected representatives of the employees of the public establishment of the City of Music in the course of office. Representatives of the staff of the public establishment of the Cité de la Musique - Philharmonie de Paris sit as soon as they are elected and their term of office expires on the same date as that of the appointed members.
The Director General of the City of Music, as of the date of publication of this Order, shall serve as Director General of the Public Institution until the end of its term.
Until the first meeting of its board of directors, the expenses and revenues of the public establishment of the City of Music - Philharmonie de Paris will be carried out in accordance with the initial budget of 2015 of the public establishment of the City of Music, as deliberated by the board of directors of this institution, as well as the initial budget of the association Philharmonie de Paris as it was deliberated by the board of association.
The property, rights and obligations of the establishment called "Cité de la musique" are vested in the new establishment on the date of entry into force of this decree.
State officials previously assigned to this institution are assigned to the new institution on that same date.
I. - The establishment is authorized to accept the property, rights and obligations of the association called Philharmonie de Paris. The transmission is carried out in full right on the effective date of the dissolution of the said association.
II. - On the date of the dissolution of the Philharmonie Association of Paris, the establishment ensures the mastery of the construction and construction of the Philharmonie building.
III. - At the date of entry into force of this decree, the personnel carrying out their activities within the Philharmonie Association of Paris are taken over by the public institution. They retain the benefit of the substantial stipulations of their contract individually. The services previously performed in the Philharmonie de Paris association are similar to services performed in the establishment.
The convention provided for in Article 6 shall be concluded within six months after the publication of this decree.
In all existing regulations:
1° The words: "public institution of the City of Music" are replaced by the words: "public institution of the City of Music-Philharmonie de Paris";
2° The reference to Decree No. 95-1300 of 19 December 1995 establishing the public establishment of the City of Music is replaced by a reference to this decree.
The provisions of this decree may be amended by decree in the Council of State, with the exception of articles 13 and 14.
Decree No. 95-1300 of 19 December 1995 establishing the public establishment of the City of Music is repealed.
This Order comes into force on October 1, 2015.
The Prime Minister, the Minister of Finance and Public Accounts and the Minister of Culture and Communications are responsible, each with regard to the application of this Order, to be published in the Official Journal of the French Republic.
Done on September 24, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Culture and Communication,
Flower Pellerin
Minister of Finance and Public Accounts,
Michel Sapin
