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 municipality of Saint-Martin and assigned to the exercise of the competences transferred to the collectivity of Saint-Martin shall be handed over to it in full ownership and free of charge, without the collection of any duty or tax.

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

The collectivity of Saint-Martin is substituted for the State, the region or department of Guadeloupe or the commune of Saint-Martin 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-Martin pursuant to articles LO 6371-1 and LO 6371-2 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 municipality of Saint-Martin and the collectivity of Saint-Martin is accompanied by the concomitant transfer to the collectivity of Saint-Martin of the resources necessary for the normal exercise of these powers.

The charges mentioned in article LO 6371-4 are compensated by the transfer of taxes, the global operating grant instituted by article L. 6364-3, the global grant for school construction and equipment instituted by article L. 6364-5 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 allocation each year. From the first year, it changes…

The expenses corresponding to the exercise of the transferred competencies are subject to an evaluation prior to the transfer of said competencies. A consultative commission for the evaluation of expenses is created in the collectivity of Saint-Martin, chaired by a magistrate from the Chambre territoriale des comptes and composed of representatives of the State, the region and department of Guadeloupe and the collectivity of Saint-Martin. It is consulted on the…

The procedures for applying articles LO 6371-4 to LO 6371-6, in particular with regard to the procedure for assessing costs and the composition of the commission, are laid down by decree in the Conseil d’Etat.

I. – This article shall apply 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-Martin. These services are transferred in accordance with the terms and conditions set out in this chapter and in accordance with the terms and conditions defined below. II. – Within eighteen months of the…