In the overseas departments and regions, the representative of the State in the region organises a consultation with the department and the region with a view to determining the local authority benefiting from the transfer of all national roads.
At the end of the consultation, which may not exceed nine months from the entry into force of law no. 2004-809 of 13 August 2004 on local freedoms and responsibilities, a decree designates the department or the region as the beneficiary of the transfer, depending on the agreement reached between these authorities. Failing agreement, the decree designates the region.
In French Guyana and by derogation to the two previous paragraphs, only national roads 3 and 4 are transferred to the department. Notwithstanding the third paragraph of III of article 18 of law no. 2004-809 of 13 August 2004 on local freedoms and responsibilities, the transfer of these national roads by the representative of the State in the region is applicable as soon as the prefectoral decision is published.