1° Establishments in the network may not use the proceeds of taxes of any kind allocated to them or resources from their other activities to ensure the balance of a public service delegation agreement entrusting them with the management of a public service or facility.
However, this prohibition does not apply to:
– cash flows occurring within the same financial year provided that the balance of these flows at the end of the year is zero;
– advances granted by the delegating establishment under an agreement with the granting authority.
This agreement sets the ceiling for the advances, which may not exceed a period of two years, and sets out all the measures to be taken by the institution and the concession-granting authority to restore the balance of the delegated operation of a service or public facility that has become loss-making. The agreement may be renewed for a maximum period of two years. Decisions relating to the agreement and its possible renewal are voted on at the General Meeting, after obtaining the opinion of the Finance Committee. They are enforceable as soon as they have been expressly approved by the supervisory authority;
2° When the delegated operation of a service or public facility becomes loss-making due to the concessionary establishment, corrective measures are taken within the framework of reinforced supervision;
3° The establishment sends the supervisory authority an annual statement of all financial transfers made between the establishment’s own resources and the concession.