Subject to the provisions of the fourth paragraph of Article 121-3 of the Penal Code, the President of the Territorial Council or a Territorial Councillor deputising for him or having received a delegation may only be convicted on the basis of the third paragraph of this same article for unintentional acts committed in the performance of his duties if it is established that he did not take the normal care required by his competences, the power and means at his disposal and the difficulties specific to the missions entrusted to him by law.