CHAPTER V: External action by local and regional authorities

The provisions of this section apply to the public interest groupings referred to in l’article L. 1115-2, the purpose of which is to implement and manage actions required by interregional and cross-border cooperation projects and programmes involving local authorities in the Member States of the European Union.

The grouping is the subject of a constituent agreement concluded between the partners. This agreement specifies in particular their rights and obligations as well as the operating rules of the grouping and its bodies. It is submitted for approval to the Minister of the Interior and the Minister responsible for the budget.

The public interest grouping has legal personality from the date of publication in the Journal officiel de la République française of the approval order referred to in article D. 1115-2, accompanied by extracts from the constituent agreement. The publication states in particular: 1° The name and purpose of the consortium; 2° The identity and nationality of its members; 3° The address of its registered office. Where the grouping includes an…

The regional prefect is the Government commissioner for the public interest grouping. In his functions as Government commissioner, the regional prefect may be represented. The Government commissioner attends meetings of all deliberative and administrative bodies of the grouping. He has access to all documents relating to the grouping, the right to visit premises belonging to the grouping or made available to it and a fifteen-day suspensive right of veto for…

The provisions of Title II of decree no. 55-733 of 26 May 1955 on the codification and amendment of texts relating to the economic and financial control of the State and, where applicable, those of décret n° 53-707 du 9 août 1953 relatif au contrôle de l’Etat sur les entreprises publiques nationales et certains organismes ayant un objet d’ordre économique et social, s’appliquent aux groupements mentionnés à article D. 1115-1…

The grouping’s accounts shall be kept and its management carried out in accordance with the rules of private law with the exception of the following three cases: 1° Where the contract setting up the consortium provides otherwise; 2° Where the consortium is set up exclusively by French legal entities governed by public law; 3° Where the consortium is responsible for monitoring and managing programmes receiving European funding. In the latter…

The Grouping’s recruitment of its own staff is subject to the approval of the Government Commissioner. It may only be subsidiary to the number of staff made available to the Grouping or seconded to it, and may only involve staff whose technical qualifications are essential to the Grouping’s specific activities. Staff recruited in this way, for a period at most equal to that of the Grouping, do not acquire any…