Section 2: Special provisions for certain transfers

As from 1 January 2002, the costs transferred to the regions as a result of the transfer of powers provided for in Article 21-1 of the loi n° 82-1153 du 30 décembre 1982 d'orientation des transports intérieurs' are compensated under the conditions set by the articles L. 1614-1 to L. 1614-3, subject to the provisions of this article.

The compensation for the transfer of competences mentioned in the previous paragraph, taken into account in the general decentralisation grant allocated to the regions, is made up of:

- the amount of the contribution for the operation of the transferred services;

- the amount of the additional grant required to renew the fleet of rolling stock assigned to the transferred services;

- the amount of the grant corresponding to the compensation for the social fares implemented at the request of the State.

For 2002, the amount of this compensation is established, as regards the part corresponding to the contribution for the operation of the transferred services, on the basis of the year 2000. The total amount of this compensation is revalued by applying the growth rates of the global operating allowance set for 2001 and 2002.

The amount of this compensation is established for each region, for 2002, by joint order of the minister responsible for the interior, the minister responsible for the budget and the minister responsible for transport after consultation with the region.

The part of the compensation corresponding to the contribution for the operation of the transferred services will be revised, for the 2003 allocation, to take account of the impact of the new accounting rules implemented by SNCF Voyageurs on the costs of the regional rail service. This revision will be made on the basis of services for the year 2000 and will be recorded in the form defined in the previous paragraph. The part of the compensation corresponding to the contribution for the operation of the transferred services is calculated exclusive of value added tax.

Any legislative or regulatory provision with a financial impact on the costs transferred pursuant to article 21-1 of the aforementioned law no. 82-1153 of 30 December 1982 shall give rise to a revision under the conditions provided for in articles L. 1614-1 to L. 1614-3. The purpose of this revision is to fully compensate the additional burden for the region resulting from these provisions.

Any modification of social tariffs decided by the State, resulting in a new burden for the regions, gives rise to a revision, in due proportion, of the amount of the contribution referred to in the third paragraph.

From 1 January 2016, when a region is formed by grouping together several regions, in accordance with Article 1 of Law no. 2015-29 of 16 January 2015 on the delimitation of regions, regional and departmental elections and amending the electoral calendar, the amount of the general decentralisation grant paid to it pursuant to this article corresponds to the sum of the amounts paid to the regions to which it succeeds under the conditions applicable prior to the grouping.

A Conseil d'Etat decree specifies the terms and conditions for the application of this article.