Decree No. 2001 - 1383 Of 31 December 2001 With Dissolution Of The Public Institution Responsible For The Development Of The Banks Of The Pond Of Berre

Original Language Title: Décret n° 2001-1383 du 31 décembre 2001 portant dissolution de l'Etablissement public chargé de l'aménagement des rives de l'étang de Berre

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An implementing Decree No. 2001-1369 of December 31, 2001, relative to the entry into force of decrees and orders abstract the public institution responsible for the development of the banks of the pond of Berre was created by Decree 73-240 of March 6, 1973, amended by the Decree 85-794 July 26, 1985. Mission is to carry out all operations designed to facilitate the development of the area included in its scope of intervention on the communes of Fos-Sur-Mer, Istres, Miramas and Vitrolles in the Department of the Bouches-du-rhone.une part of this area (the one located in the communes of Fos-Sur-Mer, Istres and Miramas, members of the Union of new agglomeration of the North-West of the pond of Berre) is qualified for operation of national interest. Indeed, by Decree 86-669 of March 18, 1986, the new towns Act 83-636 of 13 July 1983, which is part the new settlement to the Northwest of the pond of Berre, have been called operations of national interest within the meaning of articles L. 421-2-1 and L. 121-1-2 of the code of urbanism. In 2000, the Government has noted that the new town in the North West of the pond of Berre was come of age and that the public institution responsible for the development of the banks of the pond of Berre had accomplished his mission. So he decided to enter the new city of Northwest of the pond of Berre in common law from the decentralization laws, setting, by Decree, to December 31, 2001, in application of article l. 5341-1 of the general code of territorial communities, the date of completion of the operations of construction and development of the new town in the North West of the pond of Berre. This text also ends the operation of national interest and opens the possibility to the Union of new town to transform, if it so wishes, in the urban community. The decree came on 3 October 2001 (order 2001-905). It has also been decided, by way of consequences, to proceed by Decree the dissolution and liquidation, at 31 December 2001, of the public institution responsible for the development of the banks of the pond of Berre. Local authorities were invited to deliberate on this project, but some of them did not make notice to date. The text limit to two years the period of liquidation, sets out the tasks of the liquidator and stipulates the conditions of employment of certain personnel of the institution during this period. Repeal of Decree 73-240 modified above, effective January 1, 2002.
Keywords EQUIPMENT, EQUIPMENT NATIONAL, PUBLIC ESTABLISHMENT of PLANNING, NEW TOWN, NEW SETTLEMENT, POND OF BERRE, SHORES OF the POND OF BERRE, DISSOLUTION, LIQUIDATION JORF n ° 1, January 1, 2002, page 58 text no. 53 DECREE Decree No. 2001-1383 of December 31, 2001, with dissolution of the institution public responsible for the development of the banks of the pond of Berre NOR: EQUU0101906D ELI: http://www.legifrance.gouv.fr/eli/decret/2001/12/31/EQUU0101906D/jo/texte Alias : http://www.legifrance.gouv.fr/eli/decret/2001/12/31/2001-1383/jo/texte the Prime Minister, on the report of the Minister of equipment, transport and housing, given the code of urbanism, including its articles L. 321 - 1 to L. 321 - 9 and r 321 - 2, r 321 - 7 to R. 321 - 11;
See Decree No. 55-733 of May 26, 1955, changed relative to the economic and financial control of the State;
Seen the Decree No. 62 - 1587 December 29, 1962, modified general public accounting regulations;
Considering Decree No. 2001-905, October 3, 2001 as completed operations of construction and development of the new town to the North-West of the pond of Berre;
Given the decision of the general Council of France dated November 9, 2001;
Given the deliberation of the Trade Union Committee of the Union of new agglomeration of the North-West of the pond of Berre dated October 26, 2001;
Given the deliberation of the municipal Council of Fos-sur-Mer dated July 23, 2001;
Considering deliberation of the municipal Council of Istres dated October 25, 2001;
Considering deliberation of the municipal Council of Miramas dated November 5, 2001;
Considering deliberation of the Vitrolles municipal Council dated July 13, 2001;
Seen the letters of 4 July and October 18, 2001 by which the prefect of the region Provence of azure, prefect of France, requested the opinion of the municipal Council of Marseille;
The Council of State (section of public works) heard, decrees: Article 1 more on this article...

The public institution responsible for the development of the banks of the pond of Berre is dissolved and put into liquidation as of January 1, 2002.
The financial account of the year 2001, referred by the liquidator, is presented after the prior approval of the Minister of finance and the Minister responsible for urban planning, by the accounting officer to the Court of Auditors within a period of nine months from the end of the year.


Article 2 more on this article...

Starting January 1, 2002, and for a period which may not exceed two years, a liquidator appointed by order of the Minister of town planning is responsible for conducting the operations undertaken by the institution before 1 January 2002 and to provide for: (1) the liquidation of claims and liabilities recorded on the balance sheet of the institution to the date of liquidation , as well as receivables and liabilities born during the liquidation period;
(2) the transfer of assets;
(3) the transfer to local communities or their groupings or the State of the areas of influence of the equipment;
(4) the transfer of these facilities to the public bodies in question.
It establishes a provisional liquidation account subject to the approval of the planning, finance and Interior Ministers.


Article 3 more on this article...

The liquidator is vested with all the powers necessary for the exercise of his mission. He order receipts and expenditures.


Article 4 more on this article...

During the liquidation period, the financial and accounting regime applicable to the establishment is maintained in force. The economic and financial state control continues to be exercised under the conditions laid down by the Decree of May 26, 1955 referred to above. The accounting officer remains in office under the same conditions as before. Officers called to assist the liquidator remain employed under the same conditions as before.


Article 5 more on this article...

At the end of the liquidation period, the liquidator determines, in support of the closure of liquidation account, an account of its management. All of these documents is subject to the approval of the planning, finance and Interior Ministers.


Article 6 more on this article...

A the end of the liquidation period, a decree: has) will determine the transfer to the State (Ministry of equipment, transport and housing) of the items of assets and liabilities remaining at the close of the liquidation account, as well as rights and obligations born of the activity of the institution or during the liquidation period and not known at the end;
(b) find the liquidation balance to be paid to the general budget of the State.


Article 7 more on this article...

Decree No. 73-240 of March 6, 1973, amended by Decree No. 85-794 of 26 July 1985, establishing a public institution responsible for the development of the banks of the pond of Berre is repealed effective January 1, 2002.


Article 8 more on this article...

The Minister of economy, finance and industry, the Minister of the Interior, the Minister of equipment, transport and housing, the State Secretary for housing and the Secretary of State for the budget are responsible, each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.


Done at Paris, on 31 December 2001.
Lionel Jospin by the Prime Minister: the Minister of equipment, transport and housing, Jean-Claude Gayssot the Minister of economy, finance and industry, Laurent Fabius, the Interior Minister, Daniel Vaillant, the Secretary of State for housing, Marie-Noëlle Lienemann, the Secretary of State for the budget, Florence Parly

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