SINGLE CHAPTER: Terms and conditions of transfers of competence

The additional financial burdens resulting for the collectivity of Saint-Barthélemy from the new powers attributed to it by Book II of Part Six (legislative) are subject to financial compensation, through the transfer of taxes from the State, the department or region of Guadeloupe, the commune of Saint-Barthélemy and through the State allocations mentioned in Article LO 6271-5. For each competence transferred, the resources allocated are equivalent to the right to…

The amount of costs transferred, depending on the competence, by the State, the Regional Council of Guadeloupe, the General Council of Guadeloupe or the commune of Saint-Barthélemy in application of the provisions of Article D. 6271-1 is established for each competence transferred by joint order of the Minister for Overseas France and the Minister for the Budget, following the opinion of the Consultative Commission for the Evaluation of Costs for…

The Saint-Barthélemy Consultative Commission for the Evaluation of Charges is chaired by the President of the Territorial Audit Chamber or his representative, who can only be a magistrate from the Chamber. In addition to its chairman, it comprises: 1° The representative of the State in the collectivity of Saint-Barthélemy or his representative; 2° The Prefect of Guadeloupe or his representative; 3° The Regional Director of Public Finances of Guadeloupe or…

The Commission is convened by its Chairman who sets the agenda for its meetings, after consultation with the Representative of the State in the Collectivity of Saint-Barthélemy. The notice of meeting and the agenda are sent to the members of the Commission at least ten days before the date of the meeting.

The commission may only validly deliberate if the number of members present is at least equal to two-thirds of the number of members called upon to deliberate. If this number is not reached, a new notice is sent to the members of the commission under the conditions provided for in article D. 6271-4. The committee may then deliberate regardless of the number of members present. In the event of a…

The Saint-Barthélemy local authority is notified of the interministerial order establishing the amount of the right to compensation.

The duties of the commission’s rapporteur are carried out by the representative of the State in the collectivity of Saint-Barthélemy or his/her representative. The secretariat of the commission is provided by the services of the representative of the State in the collectivity of Saint-Barthélemy. The chairman may invite to attend a meeting, in an advisory capacity, any person whose presence he deems useful. The commission may request any document it…

In order to enable the prior assessment of the costs and revenue corresponding to the exercise of transferred competences, in accordance with the provisions of articles LO 6271-5 and LO 6271-6, the transfers of powers from the State, the region and the department of Guadeloupe take effect on 1 January 2008.