Public corporation related to commercial industrial and

In France, a public corporation related to commercial industrial and (or EPIC ) is a public Nobody having for goal management of an activity of Public service.

They are either pure creations, or of Nationalization S old (the SNCF) carried out by preoccupation of effectiveness and a control of significant sectors whose good performance is essential.

The EPIC were created to face a need which cannot be correctly carried out by a private company subjected to the competition. However, the EPIC are today in retreat.

Certain public corporations jointly exert missions of public service related to administration and missions of public service related to commercial industrial and. If their principal activity is industrial and commercial, they are generally classified by jurisprudence or the texts in the category of the EPIC. Nevertheless, certain rules of the public corporations related to administration (EPA) apply to the public services related to administration which they manage.

Legal mode

Principle of the speciality

The activity of the establishment is limited to the Public service which it has the role of managing. Thus, it cannot employ its goods and its inheritance with other activities, except if those contribute, even indirectly, at the public service which is entrusted to him. In the same way, it can accept only gifts corresponding to its mission.

Creation

Article 34 of the Constitution of 1958 arranges among the matters which concern the law, the creation of categories of public corporations.

A new category of public corporation can be created only by one law, therefore by the Parliament.

If it is about a public corporation being included in an existing category, the government can create it by means of a Décret.

Territorial fastening

The public corporations are attached to the State or a territorial collectivity of supervision: an area, a department or a commune. There exist some not attached public corporations. The chambers of commerce and of industry, which belonged to this category, for summer have described as public corporations of the State other than industrial and commercial by a decision of the Council of State of January 13rd, 1995 (CCI of Vienna) and of public corporation of the State by a decision of the constitutional council of January 28th, 1999 (n° 98-17 I).

Organization and inheritance

The structure of the bodies is very variable, but the personnel directing, in general, is named. The recruitment of the other categories of the personnel depends on the rules:

of the Administrative law, if the activity is administrative
Private law, if the carried on activity is of industrial or commercial nature.

Like any moral person, the public corporation has tangible properties. Thus, its autonomy results primarily in the existence of an autonomous budget, detached of the general budget of the territorial collectivity on which it depends.

This budget is fed by own resources which are in particular made up:

of the products of exploitations drawn from the services rendered subject to remuneration
of liberalities
of the loans

Control supervision

The national or local public corporations are subjected, on behalf of the State, with technical, a permanent budgetary matter strict control and accounting transactions. the accounting transactions are carried out, except some rare exceptions, by public accountants. Controls are ensured by government commissioners and controllers of State in the boards of directors and by the Court of Auditors or the Regional courts of the accounts.

Principal EPIC

the Agency of the environment and the control of energy (ADEME)
the French Agency of development (AFD)
the National agency for the management of the radioactive waste (ANDRA)
the stewardship of the armies (EdA)
the Institution of Social Management of the Armies (IGeSA)
the National institute of audio-visual (INA)
the National institute of consumption (Inc)
the National institute of the industrial environment and the risks (INERIS)
the RATP
Network shoed France (RF)
inland Waterways of France (VNF)
the SNCF
the Port authorities which are mixed establishments, jointly exploiting administrative public services and industrial and commercial public services, but is managed like EPIC.
the National center of space studies (CNES)
the Commissariat à l'Energie Atomique (ECA)
the Institute of protection against radiation and nuclear safety (IRSN)
the French Institute of research for the exploitation of the sea (IFREMER)
the Office of geological and mining research (BRGM)
the National office of the forests (ONF)
the National office of studies and aerospace research (ONERA)
the Center of international cooperation in agronomic research for the development (CIRAD)
the national Opera from Paris
La Poste
the scientific and technical Center of the building (CSTB)
the French Petroleum Institute (IFP)
the Airport of Basle-Mulhouse
Union of the Groupings of Open-market purchases (UGAP)
the Currency of Paris (1/1/2007)
the National laboratory of metrology and tests (LNE)
the Quoted of the Music
the French Agency for the international expansion of Companies (UBIFRANCE)

Old EPIC

They became private company or public limit company with capital completely or partially public:

EDF
RTE (subsidiary of EDF)
GDF
Airports of Paris (ADP), by the law of April 20th, 2005
the Seita (today Altadis, completely private)

Without being a EPIC, France Telecom had (of 1990 with its transformation into public limit company in 1996) a specific statute but very near to that of EPIC.

See too

Governed
Public service
industrial and commercial Public service
State enterprise
Public corporation in scientific and technological matter (EPST)
Right of the French public service

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