182 TOURISM LAW IN EUROPE 2) Municipal Tourist Offices Creation: Tourist offices can be created by a municipality that: “by deliberation of the municipal council, establishes a body responsible for the promotion of tourism, called a tourist office”30. However, this option has been drastically reduced since the groupings of municipalities were given the compulsory competence of “promotion of tourism, including the creation of tourist offices” (see below 2.3.3.). Municipal offices can be associations, public industrial and commercial establishments (fr. EPIC), semi-public companies (fr. SEM)31, local public companies (fr. SPL), of governing bodies. It is the municipality that decides on their status32. It must establish at least: 1) the legal status of the tourist office and 2) the composition of the deliberative body with: i) the number of members representing the local authority (the elected representatives) and ii) the number of members representing professions and activities interested in tourism in the municipality (hoteliers, restaurant owners, etc.), except for local public companies (fr. SPL)33. Tourism professionals cannot be members of the board of directors of the local public companies. They can only participate in a technical committee responsible for formulating opinions to the directors (C. tourisme, art. R. 133-19). Special relationship with the municipality: Agreements on objectives signed between the municipality and the office usually set out the tasks to be carried out. The purpose of an agreement, entrusting reception and information tasks as well as the promotion of a municipality to a tourist office constituted in the form of a local semi-public company, is thus considered to be a public service mission34. 3) Tourist Offices of Groups of Local Authorities Purpose: In view of the development of inter-municipal cooperation and the presence of tourist destinations that do not correspond to the French administrative division, the question of creating a community tourist office may 30 C. tourisme, art. L. 133-1, al. 1. 31 JEGOUZO, L., “L’évolution des offices de tourisme : du privé au partenariat public-privé”, AJDA no. 7/2007, p. 354. 32 C. tourisme, art. L. 133-4. 33 Tourism professionals cannot be members of the board of directors of the local public companies (SPL). They can only participate in a technical committee responsible for formulating opinions to the directors (C. tourisme, art. R. 133-19). 34 CE, 10 Jul. 1996, no. 140606, Lebon T.1006; RFDA 1997, p. 504, concl. CHANTEPY and note DOUENCE.
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