For the application of Article L. 4312-10, when the investment section of the budget shows a surplus, the following may be taken back into the operating section:
– the proceeds from the sale of a fixed asset received as a gift or bequest, provided that it is not expressly allocated to investment;
– the proceeds from the sale of a budget investment. The recovery of this income is limited to the portion of the investment initially financed by revenue from the operating section.
In addition, the surplus from the investment section resulting from the additional allocation to reserves provided for by 2° of Article R. 4312-7 and recorded in the administrative account in respect of two consecutive financial years may be written back to the operating section in order to contribute to its balance.
When the conditions set out in the previous paragraphs are not met, and due to exceptional and justified circumstances, the local authority may request a joint decision from the ministers responsible for the budget and local authorities, which may cover one or more financial years, in order to transfer the forecast surplus from the investment section to the operating section as soon as the primary budget is voted.
In all cases, the takeover is accompanied by a resolution of the regional council specifying the origin of the surplus and the conditions for assessing its amount.