SINGLE CHAPTER: Terms and conditions for the transfer of competences

The movable and immovable property belonging to the State, the region or department of Guadeloupe or the commune of Saint-Barthélemy and assigned to the exercise of the powers transferred to the collectivity of Saint-Barthélemy shall be handed over to it in full ownership and free of charge, without the levying of any duty or tax.

Lease contracts relating to buildings leased by the State, the region or department of Guadeloupe or the commune of Saint-Barthélemy and assigned to the exercise of powers transferred to the collectivity of Saint-Barthélemy are transferred to it free of charge, without the collection of any duty or tax.

The collectivity of Saint-Barthélemy is substituted for the State, the region or department of Guadeloupe or the commune of Saint-Barthélemy in their rights and obligations resulting from the contracts and markets that these have concluded for the development, maintenance and conservation of the property handed over to the collectivity of Saint-Barthélemy pursuant to articles LO 6271-1 et LO 6271-2 as well as for the operation of services. The State, the…

Any net increase in charges resulting from transfers of powers between the State, the region or department of Guadeloupe or the commune of Saint-Barthélemy and the collectivity of Saint-Barthélemy is accompanied by the concomitant transfer to the collectivity of Saint-Barthélemy of the resources necessary for the normal exercise of these powers.

The charges mentioned in article LO 6271-4 are compensated by the transfer of taxes, the global operating grant instituted by article L. 6264-3, the global grant for school construction and equipment instituted by article L. 6264-5 and, for the balance, by the allocation of a global compensation grant entered in the State budget. The Finance Act specifies the amount of this grant each year. From the first year, it changes…

The costs corresponding to the exercise of transferred powers are subject to an assessment prior to the transfer of said powers. A consultative commission for the assessment of costs is created in the collectivity of Saint-Barthélemy, chaired by a magistrate from the Chambre territoriale des comptes and made up equally of representatives from the State and the collectivity of Saint-Barthélemy. It is consulted on the methods of compensation for the…

The procedures for applying articles LO 6271-4 to LO 6271-6, in particular as regards the procedure for assessing costs and the composition of the commission, are laid down by decree in the Conseil d’Etat. .

I. – This article applies to services or parts of services that participate in the exercise of competencies of the State, the region of Guadeloupe or the department of Guadeloupe transferred to the collectivity of Saint-Barthélemy. These services are transferred according to the terms and conditions set out in this chapter and according to the terms and conditions defined below. II. – Within eighteen months of the publication of the…