Key Benefits:
Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of Transport, Equipment, Tourism and the Sea,
Monetary and financial code;
In the light of the Penal Code, in particular Article 131-13;
Given the code of tourism, in particular Articles L. 411-1 to L. 411-21;
In view of Organic Law No. 2001-692 of 1 August 2001 on financial laws, in particular Article 17;
Having regard to Act No. 2001-1276 of 28 December 2001 on the amending Finance Act for 2001, in particular Article 79 thereof, as amended by Article 88 of Act No. 2003-1312 of 30 December 2003 on the amending Finance Act 2003;
In light of the amended Decree No. 53-707 of 9 August 1953 on State control of national public undertakings and certain bodies having an economic or social object;
Given Decree No. 55-733 of 26 May 1955, as amended Concerning the economic and financial control of the State;
Having regard to Decree No 62-1587 of 29 December 1962 amending the General Regulation on public accounting;
Having regard to Decree No 92-681 of 20 July 1992 on revenue authorities and Advances of public bodies;
Having regard to Decree No. 99-575 of 8 July 1999 on the procedure for approving certain financial decisions of public institutions of the State;
The Council of State (section on public works) Heard,
Clipping:
Section 1 of Chapter 1 of Title I of Book IV of the Tourism Code (Regulatory Party) is replaced by the following provisions:
" Section 1
"General
" Art. R. 411-1. -Service providers payable on a holiday must have signed a convention with the National Agency for Holiday and Vacation.
" In order to sign this agreement, service providers must justify their practice Their activity in accordance with the rules applicable to them and that they provide guarantees of morality and solvency
This Convention, concluded for five years and renewable under conditions which it lays down, must, in particular, Provide for compliance by service providers with the commitments provided for in the last paragraph of Article L. 411-3.
" The service providers who have signed this agreement are deemed to fulfil the conditions of use of the Holidays fixed in Article L. 411-2.
" Art. R. 411-2. -If the service provider ceases to comply with the conditions to which the signature of the agreement provided for in the preceding Article has been submitted, or if he has failed to comply with the commitments entered into in that agreement, or if he has committed a breach of With regard to the holders of holiday-holders, in particular as regards the quality or quantity of services provided or provided, the agency may terminate the agreement, after giving the provider the opportunity to make observations
Art. R. 411-3. -Any assignment or termination of an activity which has been the subject of an agreement must be declared without delay to the Agency by the provider. This declaration is valid termination of the agreement.
" In the case of assignment, the purchaser must enter into a new agreement under the conditions laid down in Article R. 411-1.
" Failure to comply with these obligations, the Claimant, or the assignor in the case of assignment, shall be subject to the criminal penalties provided for in Article R. 411-7.
" Art. R. 411-4. -The references to the holidays, whatever the medium, shall be fixed by joint order of the Minister responsible for the economy and finance and the minister responsible for tourism
Vacation cheques may be issued in the form of Dematerialized
" Art. R. 411-5. -Pursuant to Article L. 411-13, the Agency shall reimburse the holidays, under the conditions laid down by the agreement signed between the agency and the
. Art. R. 411-6. -The reimbursed holiday vouchers shall be destroyed in accordance with the conditions laid down by the joint decree of the Minister responsible for the budget and the minister responsible for tourism
Art. R. 411-7. -Use of the holidays by persons other than the beneficiaries, their employment for other expenses than those defined in Article L. 411-2, their acceptance by providers who have not signed the agreement provided for in Article R. 411-1 or whose agreement has been the subject of termination and any other infringement of the provisions of the second paragraph of Article L. 411-2 and Articles R. 411-1, R. 411-2 and R. 411-3 shall be punished by the fine imposed by the 5 ° Article 131-13 of the Penal
. Art. R. 411-8. -The Minister responsible for tourism makes public every year a report establishing an economic and social review of the use of holiday-hunting. "
Section 2 of Chapter 1 of Title I of Book IV of the Tourism Code (Regulatory Party) is replaced by the following provisions:
" Section 2
"National Holiday Agency
" Subsection 1
"Missions and Means
" Art. R. 411-9. -For the performance of its missions, the agency:
" -produces, markets, refunds, directly or indirectly, the holiday-holidays;
" -allocate aid to the social policies of tourism and leisure;
' - Cooperates with the State, local and regional authorities, bodies, associations and foundations pursuing objectives which fulfil its purpose. It may provide financial assistance to any of them, in particular for the benefit of the State under the conditions laid down in Article 17 of Organic Law No. 2001-692 of 1 August 2001 on financial laws, for the benefit of Actions relating to the social policies of tourism and leisure;
-exercises and develops any activity related to its statutory tasks.
" Subsection 2
"Board of Directors
" Art. R. 411-10. -The Board of Directors of the Agency shall consist of twenty-three members appointed by order of the Minister of Economy and Finance and of the Minister responsible for tourism
1 ° Seven representatives of holiday beneficiaries, designated Respectively on the proposal of the following trade unions:
" -General Confederation of Labour;
" -the French Democratic Confederation of Labour;
-General Confederation of Labour-Labour Force;
" - The National Union of Autonomous Trade Unions UNSA-Education;
-the French Confederation of Christian Workers;
-the French Confederation of Coaching;
-the Unitarian Federation.
" 2 ° Three representatives Employers, appointed on the proposal of the Mouvement des entreprises de France, the General Confederation of Small and Medium Enterprises and the Craft Industry.
" 3 ° Six qualified persons, competent In the field of tourism and recreation and in the social field, appointed on the proposal of the Minister responsible for tourism
4 ° Four representatives of the state, appointed on a proposal:
-the Minister responsible for tourism;
" -the minister responsible for the budget;
-the Minister for Social Affairs;
" -the Minister responsible for the Public Service.
" 5 ° A representative of the local authorities, appointed on a proposal from the Association of Mayors of France.
" 6 ° Two representatives of staff, elected by the employees of the agency
The members of the Board of Directors declare to the Minister responsible for tourism the functions they hold, the mandates and the interests they hold In associations, organisations and companies which benefit or are intended to benefit from the aid granted by the Agency.
" Art. R. 411-11. -The term of office of the members of the Management Board shall be three years. The mandate is renewable.
" If a member ceases to hold office for any reason, he shall be replaced within a period of two months for the period remaining until the expiration of that term.
" The Terms of Reference of Members Lose the quality in respect of which they have been appointed ends in full right. They shall be replaced under the conditions laid down in the preceding
. Art. R. 411-12. -The board of directors elects a president from among the qualified personalities and a vice-president.
" Art. R. 411-13. -Members of the Board of Directors shall exercise their functions free of charge. They shall be reimbursed for travel and subsistence expenses under the conditions laid down in the rules applicable to civil servants of the
. Art. R. 411-14. -The Board of Directors shall meet, upon convocation by its President, as often as the proper procedure requires and at least three times a year. The convocation is entitled if it is requested by one of the responsible ministers or at least half of the members on a specified agenda.
" The board of directors can validly deliberate only if at least half of its Members are present. If the quorum is not present, the Council shall be reconvened on the same agenda within 15 days. It then validates regardless of the number of members present.
" Any director may give a mandate to another member of the board of directors to vote in his or her place and place. Each director may hold only one term. The proceedings shall be taken by a majority of the votes of the members present or represented. In case of equal division of votes, the voice of the presiding officer shall be paramount.
" Minutes of each sitting of the Board of Directors shall be drawn up by the President of the sitting and by the Secretary. The minutes shall be sent without delay to the ministers exercising the guardianship of the
. The Board of Directors shall establish its rules of
. The Director General, the member of the Economic and Financial General Control and the Agent Accountant attend Board meetings with an advisory voice.
" Art. R. 411-15. -The Administrative Board shall define the general policy of the Agency through its deliberations, which shall include, inter alia:
" 1 ° Program and Annual Activity Report;
" 2 ° The estimates of revenue and Expenses and editable decisions;
" 3 ° The Agency's activity report on social action;
" 4 ° The financial account, and the report noting, where appropriate, the existence of surpluses;
" 5 ° Assignment of The surplus of the accounting net income minus, where applicable, the dividend set by the Minister for Economic and Financial Affairs, the Minister responsible for the budget and the Minister responsible for tourism pursuant to section 79 of the Act No. 2001-1276 amending Finance Act 2001, including the possible award of financial assistance to the State under the conditions laid down in Article 17 of Organic Law No. 2001-692 of 1 August 2001 on financial laws ;
" 6 ° The general conditions for the allocation of financial aid referred to in Articles L. 411-13 and L. 411-14;
" 7 ° General conditions for the award and execution of contracts and conventions;
" 8 ° Transactions;
" 9 ° The creation of subsidiaries, participation in groups of economic interest, public interest groups or associations, the taking, extension or transfer of financial interests;
" 10 ° Borrowing;
" 11 ° Acceptance or denial of donations and bequests;
" 12 ° The projects for the purchase and sale of buildings, the creation of collateral and
. With regard to the matters mentioned at 8 °, 10 °, 12 ° above, the Council Administration may delegate part of its powers to the Director General, under the conditions it determines. The Director General shall report, at the following Board meeting, on the decisions taken by the Director General under these Delegations.
"Subsection 3
" Tutelle
" Art. R. 411-16. -I.-The deliberations referred to in 2 °, 5 °, 6 ° and 9 ° of Article R. 411-15 shall be subject to the express approval of the Minister for Economic Affairs and Finance and the Minister responsible for tourism in order to become
. The Other proceedings shall be binding if the Minister responsible for the economy and finance or the Minister responsible for tourism has not objected to it within 15 days of the notification made to
. II. -The Minister responsible for the economy and finance, the minister responsible for the budget and the minister responsible for tourism may fix each year, after the order of the accounts, the amount of the dividend drawn on the net accounting result and on the reserves in Application of Article 79 of Act No. 2001-1276 amending Finance Act 2001.
" The absence of an express decision by the Minister responsible for the economy and finance, the minister responsible for the budget or the minister responsible for tourism Within two months of the order of the accounts, the State is entitled to withdraw a dividend on the result of the year
III. -The commission rates referred to in Article R. 411-17 shall be fixed by joint order of the Minister for Economic Affairs and Finance and the Minister responsible for tourism.
" Subsection 4
"Director General
" Art. R. 411-17. -The Director General of the Agency shall be appointed by decree on the report of the Minister of Economy and Finance and of the Minister responsible for tourism
He organizes and directs the agency. In particular, it is responsible for:
" 1 ° Propose and implement the Agency's orientations;
" 2 ° Ensure the operation of the Agency's services;
" 3 ° Exercising the authority over the staff of the agency it commits, appoints and Fired;
" 4. Develop the Agency's annual programme and activity report;
" 5 ° Prepare the board's deliberations and ensure that they are carried out;
" 6 ° Prepare annual revenue and revenue forecasts. Expenses and amending decisions and present the financial account;
" 7 ° Represent the agency in court, in all acts of civil life and in its dealings with third parties;
" 8 ° Orders the revenue and expenditure of Agency and appoint secondary authorising officers;
" 9. Act on applications, award, in accordance with the general conditions of allocation laid down by the Administrative Council, aid for tourism equipment and Social leisure and the actions referred to in Articles L. 411-13 and L. 411-14, and order them;
" 10 ° Establish conventions with agency partners for assistance to the person;
" 11 ° After consulting the Council Administration, to propose to the supervisory authorities the rates of commission applied to the sale and reimbursement of holiday contracts under the conditions laid down in Article R. 411-16;
" 12 ° Proceed to the name of the agency any act, contract, Agreement, convention, or contract;
" 13 ° Proceed, subject to the deliberation of the board of directors provided for in Article R. 411-15, on any purchase or sale of immovable property, conclude all leases, take all loans, constitute Collateral or mortgages;
" 14 ° Organise the management of funds available under the conditions laid down in Article R. 411-23
The Director General may delegate his signature.
" He may appoint secondary authorising officers after notice The Management Board.
"Subsection 5
" Support Allocation Commission
" Art. R. 411-18. Article L. 411-15 shall consist of nine members appointed for one year renewable by order of the Minister for Economic Affairs and Finance and the Minister responsible for tourism
-three representatives of the beneficiaries Holidays, designated on a joint proposal by the trade unions represented on the board of directors;
" -three representatives of the state, appointed by the minister responsible for tourism;
-three qualified personalities Competent in the field of tourism and recreation and in the social field, designated by the Minister responsible for tourism
Members of the Commission may not take part in the proceedings when they have a direct or indirect interest in The case that is the object.
" The members of the Commission shall declare to the Chairman of the Board of Directors the functions they hold, the mandates and the interests they hold in the associations, organizations and societies which Benefit or benefit from the aid granted by the Agency.
"Subsection 6
" Financial and accounting system
" Art. R. 411-19. -The Agency shall be subject to the financial and accounting system laid down in Articles 151 to 153 and 190 to 225 of the Decree of 29 December 1962 on the General Regulation on Public Accounts and on the Economic and Financial Control of the State, such as As defined by Decree No. 53-707 of 9 August 1953 as amended relating to the State control of national public undertakings and certain bodies having an economic or social object and Decree No. 55-733 of 26 May 1955 as amended relating to the Economic and financial control of the state.
" The powers of the authority responsible for the economic and financial control of the State and the procedures for the exercise of its control shall be specified as necessary by the joint order of the Minister Responsible for tourism and the minister responsible for the budget
This authority has the same powers in companies whose agency acquires control.
" The accounting officer shall be appointed by order of the Minister responsible for the budget
Art. R. 411-20. -The estimates of revenue and expenditure of the Agency shall be carried out by year from 1 January to 31 December.
" Art. R. 411-21. -It may be established in the establishment of revenue authorities and imprest accounts under the conditions laid down in Decree No 92-681 of 20 July 1992 on revenue authorities and imprest accounts of public
. " Art. R. 411-22. -Agency expenses include:
" 1 ° Personnel costs;
" 2 ° Operating costs;
" 3 ° Acquisition of movable and immovable property;
" 4 ° Aid defined in Articles L. 411-13 and L. 411-14 ;
" 5 ° Generally, all expenses necessary for the performance of its missions.
" Art. R. 411-23. -I.-Agency funds are deposited in the Caisse des depots et consignations.
" The Agency may apply to the Caisse des Deposits et Consignations for the management of its funds.
" II. -The financial management of the funds may be entrusted to investment firms which exercise the portfolio management activity primarily on behalf of third parties. In this case, the management activity shall be entrusted by means of renewable mandates periodically in the context of a competitive tendering
. The financial instruments which the Agency is authorised to hold or use shall be fixed by Order of the Minister for Economic and Financial Affairs, of those listed in Article L. 211-1 of the Monetary and Financial
. III. -A supervisory financial committee composed of a member of the board of directors, a representative of the Minister responsible for the economy and finance, a representative of the minister responsible for tourism, a qualified person appointed by the The Director General of the Caisse des Deposits et Consignations, the accounting officer and the director general of the institution lays down the general guidelines for the investment policy of the Agency's funds in accordance with the principles of prudence and Risk spreading.
" The Supervisory Financial Committee shall draw up the specifications necessary for the periodic competition of the fund manager (s) of the
. It shall give its opinion to the Management Board on Financial statements of the Agency, the effectiveness of its internal management control and the management of its risks.
" It produces a semi-annual report of its activity for the board.
" Art. R. 411-24. -For any assignment of a holiday, the agency can only receive payments made to the credit of its account. Where, in particular in the case of a bank or postal check remaining unpaid or a delay in settlement, the amount of funds available to the Agency's account is less than the liberating value of the securities issued, the corresponding provision must be Immediately recovered.
" Art. R. 411-25. -Financial products, the counter-value of expired securities and any right open to a holder or a claimant and expired under the same conditions as the titles must be distinguished in the accounting of the agency.
" Art. R. 411-26. -The headquarters of the National Agency for holiday-holidays shall be fixed by order of the ministers of guardianship taken after advice of the board of directors. "
I. -The Board of Directors of the National Agency for Holiday and Vacation, as it is composed on the entry into force of this Decree, its President and two Vice-Presidents shall remain in office Until the appointment of the new members and the election of the President and the Vice-President under the conditions laid down in Articles R. 411-11 and R. 411-12 of the Code of Tourism in their drafting of this
. -The Director General of the National Agency for Vacation-Vacation at the date of publication of this Decree shall remain in office until the appointment of the new Director General under the conditions laid down in Article R. 411-17 of the Code Tourism.
III. -The first meeting of the Administrative Council in its composition resulting from Article 2 of this Decree shall be held within a period not exceeding four months from the date of publication of this Decree, on the convening of the Minister responsible for Tourism.
Minister of Economy, Finance and Industry, Minister of Transport, Equipment, Tourism and the Sea, Minister Delegate to Budget and State Reform, Spokesperson for the Government, and the Minister Delegate for Tourism shall each have responsibility for the execution of this Decree, to be published in the Official Journal of the French Republic.
Done at Paris, January 29, 2007.
Dominique de Villepin
By the Prime Minister:
Associate Minister Tourism,
Léon Bertrand
Minister of Economy,
Finance and Industry,
Thierry Breton
Minister of Transport, Equipment,
Tourism and the Sea,
Dominique Perben
The minister delegated to the
budget and state reform,
spokesman for the Government,
Jean-François Copé
