Question 11841 — work

Summary

Mr. Fabrice Roussel draws the attention of the Minister of Transport to the recent adoption of the bill expanding the possibility, for local authorities and their groups, of using the port company model for the operation of their ports. While ports constitute major levers of reindustrialization and play a central role in the competitiveness of the French maritime economy, this new model presents significant advantages, in particular by strengthening the involvement and financial participation of granting local authorities, essential conditions for accelerating the investments essential to the modernization of port infrastructures. However, if the law now imposes an entirely public initial capital to allow the transfer of the concession, it does not necessarily prohibit an opening progressive transfer of capital to private actors. The MP wishes to recall that, during the examination of the text, no system was adopted to prevent situations which could prove sensitive, such as risks of foreign interference or loss of public influence in the management of installations which are nevertheless essential to French economic, energy and logistics sovereignty. In fact, current legislation does not provide for any mechanism guaranteeing lasting public control of port companies. Article L. 151-3 of the Monetary and Financial Code, which only regulates certain foreign investments, only concerns operations involving CCIs and constitutes only one-off filtering, with no structural effect on governance or the distribution of capital. It does not allow or prevent progressive participations below the thresholds, nor to guarantee a blocking minority, nor to establish a regime of inalienability of shares. This situation reveals a lack of supervision of transfers and the absence of internal mechanisms to ensure sustainable public control of port companies. Also, the MP wishes to question the Minister on the measures that the Government intends to put in place in order to prevent any deviation, to precisely regulate the conditions for the transfer of shares and to guarantee the protection of the public governance of these structures, while port infrastructures constitute essential strategic assets for the French economy, logistical sovereignty and maritime security.

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