SINGLE CHAPTER: Terms and conditions of transfers of competence

The additional financial burdens resulting for the collectivity of Saint-Martin from the new powers attributed to it by Book III of Part Six (legislative) shall be the subject of financial compensation, through the transfer of taxes from the State, the department or region of Guadeloupe, the commune of Saint-Martin and through the State allocations mentioned in Article LO 6371-5. For each competence transferred, the resources allocated are equivalent to the…

The amount of charges transferred, depending on the competence, by the State, the Regional Council of Guadeloupe, the General Council of Guadeloupe or the municipality of Saint-Martin pursuant to the provisions of Article D. 6371-1 is established for each competence transferred by joint order of the Minister responsible for Overseas France and the Minister responsible for the Budget, following the opinion of the Consultative Commission for the Evaluation of Charges…

The Consultative Commission for the Assessment of Charges for Saint-Martin 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-Martin or his representative; 2° The Prefect of Guadeloupe or his representative; 3° The Regional Director of Public Finance of Guadeloupe…

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. 6371-4. The committee may then deliberate regardless of the number of members present. In the event of a…

The interministerial order establishing the amount of the right to compensation is notified to the collectivity of Saint-Martin.

The duties of the commission’s rapporteur are carried out by the representative of the State in the collectivity of Saint-Martin or his representative. The commission’s secretariat is provided by the services of the representative of the State in the collectivity of Saint-Martin. 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 deems useful…

In order to enable the prior assessment of the costs and revenues corresponding to the exercise of transferred competences, in accordance with the provisions of articles LO 6371-5 and LO 6371-6, the transfers of powers from the State, the region and the department of Guadeloupe take effect on 1 January 2008.