“Sub-section 2

“Organization and operation

“Paragraph 1

“The board of directors

“Article R 254 15 3 I. - the board of directors of the National office of water and the aquatic environments understands thirty-two members:

“1° Ten representatives of the State and its public establishments, indicated, like their substitutes, respectively by:

“a) the minister in charge for the environment;

“b) the minister in charge for the budget;

“c) the minister in charge for the interior;

“d) the minister in charge for agriculture and the fisheries;

“E) The minister in charge for search;

“F) The minister in charge for the waterways;

“G) The minister in charge for overseas;

“H) The minister in charge for justice;.

“I) The minister in charge for consumption;

“J) The minister in charge for health.

“2° Directors of the six agencies of water;

“3° a representative of the offices of the water of proposed overseas by the minister in charge for overseas;

“4° Six members of the college of the autonomous regions of the National committee of water representing at least four committees of mining areas, proposed by this college;

“5° Six members of the college of the users of the National committee of water, understanding at least a representative, respectively, agricultural sector, industrial sector, firms of cleansing and water supply, associations of environmental protection and consumers' associations, proposed by this college;

“6° a representative of the National federation of the fisheries and protection of the aquatic environment, suggested by this federation;

“7° Two staff representatives, elected by the personnel of the establishment on lists forwarded by the trade-union organizations entitled to name representatives at the equal technical committee of the establishment.

“II. - The board members of administration who do not represent the State or who do not sit because of the functions that they occupy are appointed by closure of partial trusteeship for one three years renewable duration.

“The administrator who, during his mandate, dies, resigns or loses quality with the bond of which it was appointed is replaced for the term of the office remaining to be run by a person designated under the same conditions.

“III. - The is selected among the board members of administration representing the State and its public body.

“It is assisted by two vice-presidents who are appointed, for the first, by the members appointed under the 3° and 4° and among them and, for the second, by the members appointed under the 5° and 6° and among them.

“Article R 113 43 4 The board of directors regulates by his discussions the businesses of the establishment. He deliberates in particular on:

“1° general measures relating to the organization and the operation of the office like to its industrial relations policy and the project of establishment;

“2° Its rules of procedure;

“3° guidelines of the policy of the office;

“4° the multiannual program of activity and intervention and the contract of objectives between the State and the office;

“5° the budget and modifying decisions;

“6° the financial account and the assignment of the results;

“7° contracts, Conventions and markets exceeding an amount fixed by him;

“8° the general terms of attribution of the grants and the financial contests to the public or private people as well as the decisions of attribution of these grants and contest when they exceed a threshold which it fixes;

“9° decisions relating to the capture, extension or the divestment of financial participations;

“10° loans;

“11° purchases and sales of buildings, constitutions of mortgages exceeding an amount fixed by him, beams and one duration leases higher than nine years;

“12° the acceptance of the gifts and legacy;

“13° the annual report of activity submitted to Parliament.

“The board of directors can delegate to the chief executive officer whole or part attributions provided for to the 9°, 10°, 11° and 12°.

“Article R 913 51 5 The board of directors constitutes in his bosom of the Commissions called to prepare his discussions under the authority of the chairman. Their composition, attributions and operating rules are specified by the rules of procedure.

“The project concerning with the guidelines of the policy of the office mentioned with the 3° of item R 113 43 4 , to the multiannual programme of activity and intervention mentioned to the 4° of the same item and the annual report mentioned with the 13° of the same item is submitted for opinion to the National committee of water before being submitted to the board of directors.

“Article R 212 00 6 The board of directors meets the good walk of the establishment as often as requires it, and at least twice a year, on convocation of his chairman, who into fixed the day order.

“It is automatically joined together at the request of the minister in charge for the environment or the majority of his members, on the questions which they wish to see registered with the day order.

“The place, the date and the hour as well as the day order of the meetings are carried at least fifteen days in advance with the knowledge of the board members of administration as well as authority in charge of financial control and the Government commissioner, except in the event of justified urgency.

“Article R 282 96 7 I. - the board members of administration mentioned with the 2° and 3° of item R 254 15 3 can be made compensate by a member of the organism to which they belong. The other board members of administration, except for the representatives of the State and of its public establishments, can be made represent by requesting another board member of administration. No member can receive more than two mandates.

“In the event of absence or of prevention, the chairman is replaced by the first vice-president or, if this last itself absent or is prevented, by the second vice-president.

“II. - The managing director, the chairman of the scientific advice, the Government commissioner, the accountant and the authority in charge of financial control attend the meetings of the board of directors with advisory voting right.

“III. - The board of directors or his chairman can invite any person whom it wishes to understand.

“Article R 217 19 8 The board of directors deliberates validly only if half at least its members present or are represented. If this quorum is not reached, the consulting is again convened with the same day order within a three weeks maximum delay. It then deliberates whatever the number of the attending members.

“The discussions are taken in the majority of the attending members. In the event of equal sharing of the voting rights, the voting right of the chairman is dominating.

“Article R 573 42 9 The discussions relating to the purposes enumerated with the 9° and 10° of item R 113 43 4 are executory after adoption by joint closure of the minister in charge for the environment, of the minister in charge for finances and the minister in charge for the budget.

“The discussions relating to the purposes enumerated with the 4°, 5°, 6°, 7°, 8° and 11° of item R 913 51 5 are executory one month after the reception of the official report of the meeting and the corresponding documents by the minister in charge for the environment and the minister in charge for the budget, except opposition of the one of them within this time.

“The other discussions of the board of directors are executory one month after their reception by the minister in charge for the environment, except opposition of the aforementioned within this time.

“Paragraph 2

“The scientific advice

“Article R 813 88 1 0. - A scientific advice assists the board of directors in the definition of the science policy of the office. He ensures in particular the evaluation of the activities of the establishment search analysis of the results of the aforementioned, formation, dissemination and valorization.

“Its members and his chairman selected because of their scientific and technical competences and are appointed for four years per closure of the minister in charge for the environment. No one cannot be simultaneously scientific board member and of the board of directors.

“The scientific advice establishes his rules of procedure. He meets at least once a year on convocation of his chairman, who fixes the day order after opinion of the managing director.

“Directors of the ministry in charge of the environment in charge respectively of water and search, the managing director of health, the Director of the French Institute of the environment, or their representatives, a representative of the departmental services and a representative of the regional delegations of the office indicated by the managing director can attend the meetings of the scientific advice with advisory voting right.

“The managing director assures the secretariat of the scientific advice.

“Paragraph 3

“Common provisions to the board of directors and the scientific advice

“Article R 813 88 1 1. - The president's functions or of board member of administration or the scientific advice do not give place to remuneration.

“The settlement of and the stay travelling expenses of the board members of administration and, if necessary, their substitutes as well as people sitting with advisory voting right and of the board members scientist is carried out under the conditions provided for by the decree 2068 881 of July 3rd, 2006 fixing the conditions and the procedures of regulation of the expenses caused by temporary displacements of the civil personnel of the State.

“Paragraph 4

“The managing director

“Article R 813 88 1 2. - The managing director of the National office of water and the aquatic environments is appointed by closure of the minister in charge for the environment.

“Article R 813 88 1 3. - The managing director ensures the management of the establishment and service operation; for this reason, it recruits and manages the personnel.

“It ensures the secretariat of the board of directors, assists the chairman in the preparation of the discussions of the consulting, provides for the execution with the decisions with the aforementioned and reports from there to him.

“It prepares and carries out the budget of the establishment.

“It is directing receipts and expenditure. It can designate secondary directors who can delegate their signature.

“It is the capacity adjudicator of the establishment.

“It represents the office in all the acts of the civil life and in its relationship with the third parties.

“It represents the office in its cooperation actions international.

“It represents the office in justice and decides legal actions and transactions within the limits fixed by the board of directors and reports to him from there.

“It can delegate its signature.

“Paragraph 5

“Territorial Organization

“Article R 813 88 1 4. - The National office of water and the aquatic environments sets up, as a need, interregional regional delegations or and departmental services or interdepartmental, as well as poles of studies and search.

“The regional delegate or interregional has authority on the agents of the delegation and the chiefs of the departmental services or interdepartmental located in the spring of the delegation.

“The co-operation of the office and its territorial levels with regional managements of the environment, the services in charge of the font of water and the agencies of water for the realization of the missions falling on public establishment is the Convention purpose passed between the office, the prefects interested and the agencies of water, in conformity with a standard Convention fixed by closure of the minister in charge for the environment.

“Paragraph 6

“Commissioned Agents

“Article R 813 88 1 5. - The technicians of the environment, the technicians of the environment of the speciality “aquatic environments as well as the technicians and the fishery protection ships who are search functions and of the official report of the infringements are commissioned as regards font of the water and font of the fisheries by the minister in charge for the environment.

“The minister can also commission, on a proposal from the chief executive officer, any agent in function with the office since it has the technical and legal training necessary to the performance of his duties.

“Sub-section 3

“Financial and accounting Regime

“Article R 813 88 1 6. - The National office of water and the aquatic environments is forwarded to the financial and accounting regime defined by the decree of December 10th, 1953 relating to the accounting regulation applicable to the national public corporations related to administration and articles 151 to 189 of the decree of December 29th, 1962 amended bearing general regulation on the public accounts.

“Article R 813 88 1 7. - The National office of water and the aquatic environments is forwarded to the financial control instituted by the decree 2005 227 of July 4th, 2005 relating to the financial control of the public body of the State.

“The procedures of this control are laid down by joint closure of the minister in charge for the budget and the minister in charge for the environment.

“The authority in charge of financial control has import duty with advisory voting right to any committee, Commission or existing consultative body in its bosom

“Article R 813 88 1 8. - The accountant of the National office of water and the aquatic environments is appointed by joint closure of the minister in charge for the budget and the minister in charge for the environment.

“Of the secondary accountants can be appointed by the managing director after opinion of the accountant and with the approval of the minister in charge for the budget.

“Article R 813 88 1 9. - The resources of the National office of water and the aquatic environments, in addition to the contributions of the agencies of water and the grants poured by public people, are consisted:

“1° the product of the royalties, counterparts related with the inventions and new methods, the remuneration of the rendered services, the sale of the publications and, generally, any resource drawn from its activity;

“2° financial products, interest and the settlement of the loans and advances;

“3° loans;

“4° the product of the alienation or the hiring of the goods, pieces of furniture and buildings;

“5° gifts and legacy;

“6° Any other receipt authorized by the laws and regulations in force.

“Article R 212 49 2 0. - The National office of water and the aquatic environments is authorized to place its available funds under the conditions fixed by the minister in charge for finances.

“Article R 212 49 2 1. - It can be instituted in the establishment of the controls of receipts and the impressed accounts under the conditions provided for by the decree 13 741 of the amended July 20th, 1992 relating to the controls of receipts and the impressed accounts of the public agencies. ”

Article 2

The representatives of the administration, holders and substitutes, within the equal technical committee of the National office of water and the aquatic environments can be selected among the officials of the establishment pertaining to a body classified in the category has or, notwithstanding article 7 of the decree 69 452 of May 28th, 1982 relating to the equal technical committees, among the nontitular servants exerting equivalent hierarchical functions.

Article 3

The Superior council of the fisheries is dissolved one month after the publication of this decree.

Its goods, rights and obligation as its personnel are transferred to the National office from water and the aquatic environments with the same date.

The last financial account of the Superior council of the fisheries is established by the accountant in function at the date of its dissolution and approval by the ministers in charge for the environment and the budget.

Article 4

If the managing director of the National office of water and the aquatic environments is not appointed at the date of the transfer provided for to article 3, the minister in charge for the environment appoints by closure a provisional administrator who takes all necessary measures with the operation of the establishment.

Article 5

The managing director makes the necessary decisions with the organization of the establishment like to his current management until the first meeting of the board of directors; he him then gives an account of the decisions taken which concern its competences.

He draws up a provisional budget which becomes executory as of its adoption by the minister in charge for the budget and the minister in charge for the environment, which can be amended by the board of directors as of his first meeting and which remains executory until the adoption, by this last, of the first budget of the establishment.

The staff representatives elected at the board of directors and in the equal structures of the Superior council of the fisheries sit in the corresponding authorities of the National office of water and the aquatic environments until the first election of the staff representatives of the office, and, at the latest, until the end of their mandate.

Article 6

Subject to the contrary stipulations of the contracts in progress, the work contracts, goods and services passed through the Superior council of the fisheries whose amount is higher than the threshold provided for in article 26 of the Code des Marches Publics cannot be renewed or taken back for one period higher than one year.

Article 7

Items R. 434-1 with R 734 58 and R 234 71 of the code of the environment are repealed. This abrogation takes negotiable instrument one month after the publication of this decree.

Article 8

Any reference to the Superior council of the fisheries appearing in a statutory text is replaced by the reference to the National office of water and the aquatic environments, except for the reference which is made there in the appendix of the decree 84-38 of January 18th, 1984 referred to above.

Article 9

This decree is applicable to .

Article 10

The Minister for the economy, with finances and industry, the Minister for ecology and sustainable development, the Minister for overseas and the minister of state with the budget and the reform of the State, government spokesman, are charged, each one in what relates to it, of the execution of this decree, which will be published in the Journal officiel de la R3epublique fran1caise.

Fact in Paris, on March 25th, 2007.
Dominique de Villepin

By the :
The Minister for ecology and sustainable development,
The Minister for the economy, finances and industry, Thierry Breton
The Minister for overseas, François
The deputy secretary with the budget and the reform of the State, government spokesman, Jean-François Cope