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 right to compensation calculated on the basis of the charges transferred by the State, the Regional Council of Guadeloupe, the General Council of Guadeloupe or the municipality of Saint-Martin, in respect of each competence transferred.
The right to compensation for the investment costs transferred is equal to the average of updated expenditure, excluding tax and excluding assistance funds, recorded over a period of ten years prior to 2007, with the exception of roads for which the period taken into account to determine the right to compensation is set at five years. The expenditure taken into account to determine the right to compensation for these expenses is updated according to the price index of gross fixed capital formation of general government, as recorded on the date of the transfers.
The right to compensation for the operating expenses transferred is equal to the expenditure recorded in 2006.
The expenditure transferred by the department of Guadeloupe, the region of Guadeloupe and the municipality of Saint-Martin is calculated on the basis of the expenditure incurred in respect of each competence transferred appearing in the respective administrative accounts of each local authority.
When, during the reference period taken into account for the calculation of the right to compensation, the competence is exercised by the State and a territorial authority or by several territorial authorities, the right to compensation is equal to the sum of the expenditure incurred in respect of the competences transferred, during this period.