Key Benefits:
Publics concerned: Public development institution of Paris-Saclay, territorial authorities, public intercommunal cooperation institutions (EPCI), prefects of region, department prefects, departmental directors of public finances.
Subject: creation of the Paris-Saclay Public Development Institution.
Entry into force: pursuant to Article 25 of Act No. 2014-58 of 27 January 2014, the text comes into force on the day of its publication.
Notice: The Public Institution Paris-Saclay was created by the law of June 3, 2010 on the Grand Paris and its organisation specified by the decree of August 3, 2010 on the public establishment Paris Saclay. The law of 27 January 2014 to modernize the territorial public action and affirm the metropolitan areas creates the Public Development Institution of Paris-Saclay and the dissolution of the Paris-Saclay Public Institution. The purpose of this transformation is to bring the organization and operation of this institution closer to that of a formal public development institution, in particular by the distinction of the two functions of chair of the board of directors and director general of the establishment and by the adoption of provisions relating to the duration of the terms of reference of the directors and the president, the appointment of the president and the first vice-president and the means of consultation in writing of the board of directors and organizations. As part of this transformation, the new public development institution will retain the tasks of impetus and coordination of the development of the scientific and technological hub on the plateau of Saclay under the Paris-Saclay Public Institution and its advisory committee.
References: the decree can be consulted on the website Légifrance (www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Housing, Land Equality and Rurality,
Considering the general code of territorial authorities, including articles L. 2121-33, L. 3121-23 and L. 4132-22;
Considering the urban planning code, including articles L. 321-14 to L. 321-28, L. 321-37 to L. 321-40, R.* 321-1 to R.* 321-6 and R.* 321-8 to R.* 321-22;
Having regard to Act No. 2014-58 of 27 January 2014 to modernize the territorial public action and affirmation of the metropolises, in particular its Article 25;
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;
Having regard to Decree No. 2010-911 of 3 August 2010 on the Public Institution of Paris-Saclay;
Having regard to Decree No. 2011-1900 of 20 December 2011 on State Land Settlements, State Land Development Institutions and the Land and Technical Agency of the Paris region, including Article 3;
The State Council (section of public works) heard,
Decrete:
The above-mentioned decree of 3 August 2010 is amended:
1° In the title, after the word: "public", it is inserted the words: "development";
2° Before section 1, the following title is added:
« PRELIMINARY Title
GENERAL PROVISIONS
3° Sections 1 and 2 are replaced by the following:
“Art. 1. - The public development institution of Paris-Saclay mentioned in article L. 321-37 of the urban planning code is placed under the joint supervision of the ministers responsible for urban planning, higher education and research.
“Art. 2. - For all of the missions referred to in Article L. 321-38 of the urban planning code and in accordance with the provisions of this section, the public development institution of Paris-Saclay is located in the municipalities listed in Schedule A to Act No. 2010-597 of 3 June 2010 on the Grand Paris.
“Art. 3. - The activities of the institution are carried out within the framework of the strategic and operational project provided for in section L. 321-18 of the urban planning code, developed, approved and implemented in accordance with the provisions of sections R.* 321-13 to R.* 321-16 of the same code.
“Art. 4. - For the exercise of its missions, the institution may use the procedures provided for in section L. 321-17 of the urban planning code.
"The establishment is authorized to create subsidiaries and to acquire participations in companies, groups or organizations whose purpose directly contributes to the realization of its missions, in accordance with the provisions of sections L. 321-16, R.* 321-18 and R.* 321-19 of the urban planning code.
"In accordance with section R.* 321-11 of the urban planning code, the establishment may use the compromise and transaction. » ;
4° The title I chapter I title is replaced by the title:
“Chapter I
" Board of Directors and Management
5° Sections 3 to 12 are replaced by the following:
“Art. 5. - The establishment is administered by a council of twenty members with each alternate, in accordance with the provisions of section R.* 321-4 of the urban planning code. It is composed as follows:
« 1° Three members representing the State:
“(a) A member designated by the Minister responsible for urban planning;
“(b) A member designated jointly by Ministers responsible for higher education and research;
"(c) A member designated by the Budget Minister;
« 2° Ten members representing the territorial authorities and their public institutions:
“(a) Two representatives of the Ile-de-France region designated by the regional council;
“(b) A representative of the department of Essonne designated within him by the departmental council;
"(c) A representative of the Yvelines department designated within him by the departmental council;
"(d) A representative of the Greater Paris metropolis designated within him by the Metropolitan Council or, pending the first meeting of the Metropolitan Council, a representative designated within him by the council of the elected representatives of the prefiguration mission of the metropolis;
“e) Two representatives of the agglomeration community "Paris-Saclay community" designated within it by the community council;
“(f) A representative of the community of agglomeration of Saint-Quentin-en-Yvelines designated by the community council in his bosom;
“(g) A representative of the agglomeration community of Versailles Grand Park designated within it by the community council;
“(h) A representative of the city of Paris, appointed by the Paris Council;
« 3° Seven qualified personalities appointed for:
“(a) Two by the Prime Minister;
“(b) Two by the Minister for Research;
“(c) Two by the Minister for Housing;
"(d) One by the minister responsible for the economy.
“Art. 6. - The members of the board of directors who serve as representatives of the territorial authorities or their groupings shall be designated for the duration of their elective mandate, without prejudice to the application of sections L. 2121-33, L. 3121-23 and L. 4132-22 of the General Code of Territorial Communities. Their function ceases with this one. Their mandate is renewable.
"The other members of the Board of Directors are designated for a term of six years. Their mandate is renewable.
"In the event of a vacancy for any cause, the replacement of the member who has ceased to be a member of the board by a new designated member shall be carried out within two months for the remainder of the term if the member referred to in the first paragraph or for a term of six years in the other cases, in the same manner as the one that presided over the term.
"The administrators are required to comply with the requirements of Article R.* 321-5 of the urban planning code.
“Art. 7. - The board of directors elects a president and includes at least two vice-presidents. The first vice-president is the representative of the State designated by the Minister responsible for urban planning. The Vice-Chairperson(s) shall be elected by the Board of Directors. The first vice-president or, if not, in the order of election, one of the other vice-presidents shall be replaced by the president in the event of absence or incapacitation.
"In the event of the vacancy of the Presidency of the Board of Directors, for any cause, the first Vice-President or, if not, in the order of election, one of the other Vice-Presidents or, if they are in turn prevented, the Vice-President of the Ile-de-France Region may convene a Board of Directors, whose agenda includes the election of a new Chair or,
"The President and the elected Vice-Presidents are elected for four years. They are eligible for re-election.
“Art. 8. - The term of membership of the board of directors is exercised free of charge. It opens the right to the payment of costs caused by temporary travel and stays of civil personnel of the State under the conditions provided for by the decree of 3 July 2006 referred to above.
“Art. 9. - The board of directors is convened and deliberated in accordance with the provisions of section R.* 321-3 of the urban planning code. The Prefect of the Ile-de-France region is heard every time he asks.
"He attends his meetings, whose minutes and deliberations are addressed to him. The same applies to the authority responsible for economic and financial control and the accounting officer of the institution.
"Also attend his sessions, with an advisory voice, the Essonne Prefect and the Yvelines Prefect, as well as, at the request of the Prefect of the Ile-de-France region, any state official.
"The agenda of the sessions is notified to Council members at least ten days in advance.
"The board of directors shall deliberate validly when at least half of its members are present or supple. If the quorum is not reached, the board of directors shall be reconvened within ten days. It then deliberates validly whatever the number of members present or begged.
"The members of the board of directors may participate in a session of the board of directors by means of videoconference allowing their identification and effective participation in a collegial deliberation, under conditions specified by the rules of procedure. In such cases, the number of members physically present at the session may not be less than one-quarter of the total Council staff.
"Decisions are made by a majority of members present or supple. In case of equal sharing of votes, the President's voice is preponderant.
"The use of a written consultation procedure of the board of directors may be decided on an exceptional basis by the chair, where the urgency requires a decision of the board in too short time so that this decision can intervene in ordinary session. This consultation may cover any competence of the board of directors except those provided for in 1°, 4°, 5°, 6°, 10°, 11° and 12° of Article 10.
"In this case, members of the board of directors are consulted individually in writing, if any by e-mail, at the initiative of the president. Their opinion and vote must also be expressed in writing under the same conditions, within a time limit set by the President and which may not be less than three working days. The normal quorum conditions in force are applicable to this procedure and their respect is appreciated at the time of the vote count, which comes at the end of this period.
"The issue that is the subject of the accelerated consultation is inscribed in full right to the agenda of the next meeting of the Council, for the record of the Chair and the notices collected and the result of the vote.
“Art. 10. - I. - The board of directors rules by its deliberations the affairs of the institution; in this capacity, in particular:
« 1° He votes the budget;
« 2° He authorizes loans;
« 3° It authorizes the conclusion of agreements with the State, territorial authorities and public institutions; it authorizes the conclusion of agreements for assistance in the mastery of work with the procuring powers of real estate transactions with the aim of the development of the scientific and technological hub;
« 4° He makes the financial account;
« 5° It decides on the creation of subsidiaries and the taking, extensions and transfers of financial participation;
« 6° It sets out the general directions of the public institution, approves the strategic and operational project and the list of operations to be undertaken and their funding modalities;
« 7° It determines the general conditions for recruiting staff under the authority of the Director General;
« 8° It sets out, as appropriate, the conditions under which it may be tried on behalf of the public institution;
« 9° It approves transactions;
« 10° He approves the use of arbitration;
« 11° It adopts its rules of procedure, which defines, inter alia, the operating and consultation conditions of the office;
« 12° It sets the seat of the public establishment.
“II. - The board of directors may delegate to the Director General, under the conditions it determines, its powers of decision, except those provided for in 1°, 2°, 4°, 5°, 6°, 8°, 10°, 11° and 12°.
“Art. 11. - The director general of the institution shall be appointed by joint decree of the ministers of guardianship, after the advice of the prefect of the Ile-de-France region and the president of the board of directors, for a period of five years renewable. It may be terminated in the same forms before the expiry of its mandate.
"His skills and procedures are those specified in articles R.* 321-9 and R.* 321-10 of the urban planning code. » ;
6° Section 13 becomes section 12 and is amended as follows:
(a) At 1°, after the words: "Public Institution", it is inserted the words: "development";
(b) At 6°, after the word "designated", it is inserted the words "in his bosom";
(c) In the eleventh paragraph, the number: "5" is replaced by the number: "6";
7° Sections 14 and 15 are replaced by the following:
“Art. 13. - The mandate of a member of the Advisory Committee is exercised free of charge. It opens the right to the payment of costs caused by temporary travel and stays of civil personnel of the State under the conditions provided for by the decree of 3 July 2006 referred to above.
“Art. 14. - The Advisory Committee shall, under the chairmanship of its dean of age, elect its president. The Advisory Committee shall adopt its rules of procedure, which shall, in particular, determine the manner in which it is convened by the Chair, the setting of its agenda and the organization of debates. It deliberates by a majority of members present or represented.
"Notices, proposals or requests for the inclusion of any matter on the Board of Directors' agenda are the subject of a minutes signed by the Chair of the Advisory Committee and forwarded to the Chair. When the debate failed to reach a consensus, minority opinions are mentioned in this report. » ;
8° Chapter III of Title I is repealed;
9° The title II is replaced by the title:
« Title II
"Financial and COMPTABLE REGIME, CONTROL MODALITIES
10° Sections 20 to 22 are replaced by the following:
“Art. 15. - The financial and accounting regime of the establishment and the modalities of the economic and financial control of the State applicable to the establishment meet the requirements of Article R.* 321-21 of the urban planning code. This control also applies to legal persons in which the establishment directly or indirectly holds the majority of the capital.
“Art. 16. - The facility's resources include:
« 1° Endowments, grants, advances, competition funds or participations made by the State, the European Union, territorial authorities, public institutions or national corporations, as well as all public or private persons concerned;
« 2° The proceeds of loans;
« 3° Compensation for services;
« 4° The proceeds of the management of property entered into its heritage;
« 5° The proceeds of disposal of movable and immovable property and rights;
« 6° Income of household and real estate property and rights;
« 7° Donations and bequests;
« 8° All resources authorized by laws and regulations.
“Art. 17. - The control of the public development institution of Paris-Saclay, and if any of its subsidiaries, is provided by the prefect of the Ile-de-France region. The deliberations of the board of directors, as well as the decisions of the Director General relating to the exercise of the right of pre-emption or priority, are enforceable only after their approval in accordance with the provisions of Article R.* 321-18 I and III of Article R.* 321-19 of the urban planning code.
"For the exercise of his duties, the Prefect of the Ile-de-France region may communicate or carry out on-site or on-site audits that he considers useful. » ;
« 11° Section 23 is replaced by the following:
“Art. 18. - The first meeting of the Board of Directors of the Public Development Institution of Paris-Saclay takes place within a period not exceeding six months from the date of publication of Decree No. 2015-1927 of 31 December 2015. It is convened by the prefect of the Ile-de-France region, which sets its agenda. This agenda covers at least the election of its president and the adoption of its rules of procedure. »
The accounting officer of the Public Institution of Paris-Saclay shall serve as the accounting officer of the Public Development Institution of Paris-Saclay until the appointment of the new accounting officer according to the procedure defined in section R. 321-21 of the urban planning code.
In the expectation of a budget passed by the board of directors in its composition from this decree and become enforceable, the institution shall execute the budget decreed by the Public Institution of Paris-Saclay and approved by the ministers of guardianship in accordance with Article 11 of the decree of 3 August 2010 referred to in its writing before this decree. This budget or, if any, a amending budget shall be submitted to the vote of the new board of directors at its first meeting and approved under the conditions set out in section R. 321-18 of the urban planning code.
The President and CEO of the Public Institution of Paris-Saclay is responsible for the management of the new institution until the appointment of the new Director General according to the provisions set out in article 12 of the above-mentioned decree of 3 August 2010.
The Minister of National Education, Higher Education and Research, the Minister of Finance and Public Accounts, the Minister of Housing, the Equality of Territories and Rurality, the Secretary of State for Higher Education and Research and the Secretary of State for Budget are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on December 31, 2015.
Manuel Valls
By the Prime Minister:
Minister of Housing, Land Equality and Rurality,
Sylvia Pinel
Minister of National Education, Higher Education and Research,
Najat Vallaud-Belkacem
Minister of Finance and Public Accounts,
Michel Sapin
State Secretary for Higher Education and Research,
Thierry Mandon
The Secretary of State in charge of the budget,
Christian Eckert
