Legislation and Regulations

French Road-System Code (Code de la Voirie Routière)

Law No. 89-413 of 22 June 1989 (published in Journal Officiel of 24 June 1989)

LEGISLATION

TITLE II - NATIONAL ROAD SYSTEM

CHAPTER II - Motorways Section 1 - General Provisions

Article L. 122-4 The use of motorways is, in principle, free.

However, the State may grant concessions either for the construction and operation of a motorway or for the operation of a motorway, as well as the construction and operation of related facilities defined in the specifications.

The concession agreement and the specifications are approved by a decree from the Council of State.

These instruments may authorise the concession-holder to charge tolls in order to repay advances and expenditure made by the State and by municipalities or public agencies. Tolls may also be used to recover costs for motorway operation, maintenance, and extension, as well as to pay interest on and amortise the capital invested by the concession-holder.

REGULATIONS

Decree No. 89-631 of 4 September 1989 (published in Journal Officiel of 8 June 1989) based on the provisions of Decree No. 63-585 of 20 June 1963 establishing Caisse Nationale des Autoroutes (CNA)

Title II - NATIONAL ROAD SYSTEM

CHAPTER II Motorways

Section 2 - Financial provisions

Subsection 1 - Caisse Nationale des Autoroutes

Article R*. 122-6 Caisse Nationale des Autoroutes is a public-sector agency operating for administrative purposes (établissement public national à caractère administratif) and endowed with full financial independence.

Article R*. 122-7 Caisse Nationale des Autoroutes issues bonds to finance the construction, upkeep, and extension of toll motorways. The proceeds of the bond issues are divided among the municipalities or companies that have been awarded concessions for motorway construction or operation in accordance with the provisions of Article L. 122-4.

Article R*. 122-8 Caisse Nationale des Autoroutes is managed by a Board of Directors composed of eight members :
- a) Two representatives of the Ministry in charge of the national road system
- b) Two representatives of the Ministry of the Economy and Finance
- c) One representative of the Ministry of the Interior
- d) The Commissaire Général au Plan (Head of State Planning Authority) or his or her permanent representative
- e) The Chief Executive Officer of Caisse des Dépôts et Consignations or his or her permanent representative
- f) One chairman of a SEMCA appointed by the Minister in charge of the national road system.

The Chairman and Deputy Chairman of the Board of Directors are selected from the members of the Board. They are jointly appointed by the Minister of the Economy and Finance and the Minister in charge of the national road system.

In the case of a tie in the voting procedure, the Chairman has the casting vote.

Article R*. 122-9 The Board of Directors meets to take decisions regarding CNA matters and to discuss, inter alia: a) The budget and the financial statements b) The volume and characteristics of the forthcoming loan finance programme c) The appropriation of the proceeds from issues and borrowings d) The preparation of the annual accounts.

A meeting of the Board of Directors is called by the Chairman at least once per year.

Article R*. 122-10 CNA’s resources include:
- a) The proceeds of the debt it issues with the authorisation of the Ministry of the Economy and Finance
- b) Moneys paid by the concession-holders mentioned in Article R. 122-7 in order to guarantee the service of the above-mentioned debt and to cover CNA operating expenses
- c) Cash resources.

Article R*. 122-11 CNA places the proceeds of its debt issuance at the disposal of the motorway concession-holders. Following approval by the Minister of the Economy and Finance and the Minister in charge of the national road system, payments are made as directed by the Chairman of the Board or by any person whom he or she may empower for the purpose.

Article R*. 122-12 The Chairman of the Board is the legal and civil representative of Caisse Nationale des Autoroutes. He or she is entitled to authorise payments.

Article R*. 122-13 Financial and accounting operations for CNA are carried out in accordance with Decree No. 62-1587 of 29 December 1962. The decree is a general rule governing public accounting procedures (see below).

Article R*. 122-14 Working under the supervision of the Board, Caisse des Dépôts et Consignations administers CNA under the terms of a covenant between the two institutions.

Article R*. 122-15 The CNA chief accounting officer (Agent Comptable) is appointed by a joint decree of the Minister of Economy and Finance and the Minister in charge of the national road system.

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1st September 2016 Order appointing Chairman of the Caisse Nationale des Autoroutes

NOR : DEVT1619629A

By order of the Minister of Environment, Energy & See, the Minister of the Economy and Finance and the Minister of Transport, Maritime Issues and Fishing dated 1st September 2016, Ms Christine Bouchet is the president of the CNA Board of Directors.