Key Benefits:
The Minister of Small and Medium Enterprises, Commerce, Handicrafts, Professions and Consumer Affairs,
Seen the code of the Consumption, and in particular Articles D. 511-1 to D. 511-17;
In view of the Decree of 29 November 2004 on the composition of the Government;
In light of Decree No. 2004-1351 of 9 December 2004 on the powers of the Minister of Small and Medium Sized Business, Commerce, Handicrafts, Professions and Consumer Affairs;
In view of the decrees of 25 February 2005 on the composition of the Government,
Stop:
Plenary Session
Paragraph 1: Convening:
The National Consumer Council in its plenary session is convened by the Minister responsible for consumption:
-on his own initiative;
-à The request of the majority of the members holding one of the two colleges;
-at the request of the majority of the incumbent members of the Bureau.
The summons, together with the agenda and all documents necessary for the information Members of the Board shall be addressed to all members of the Board at least two weeks before the date selected.
Requests for a meeting by the majority of either of the two colleges or the majority of the full members of the Board shall be In writing to the National Consumer Council Secretariat.
In the event of an emergency, the Minister responsible for consumption may convene the National Consumer Council within 48 hours.
Paragraph 2: Agenda:
The agenda for the plenary meetings shall be drawn up by the Minister responsible for consumption, after consultation with the Office of the National Consumer Council, at least three weeks before the date
. At least three weeks before the date of the plenary meeting, may propose the inclusion of one or more questions on the agenda, by a majority of its members.
In the event of a request for a meeting The majority of one of the two colleges, or the majority of the full members of the office, shall be accompanied by a draft agenda, addressed in writing to the secretariat of the National Consumer
. Sent by the Minister responsible for consumption or his representative to the members of the National Council of Consumer Affairs shall be accompanied by the agenda and all documents necessary for the information of the members of the Board
:
The majority of members of each college must be present or represented. The list of members present or represented shall be drawn up one week before the date of the plenary meeting.
Quorum shall be attained when half of the members of each college are present or represented. Failing this, voting cannot take place.
Only members of the Consumer and Consumer College and members of the College of Professionals have deliberative votes. The alternate member shall automatically replace the absent or prevented full member. In the absence of the alternate, a power of attorney may be given to another member of the Board. This power must be written and copied to the secretariat of the National Consumer Council forty-eight hours before the date of the meeting. A member of the Board may hold only one power.
Voting is by college. Each member of the college shall have one vote.
When the Minister responsible for consumption decides to consult the members of the National Council on Consumer Affairs in writing on any matter relating to the problems of consumption, a record of By fax, by fax, to all the full and alternate members of the National Consumer Council, by the secretariat of the National Consumer Council. This consultation dossier includes, in particular, a note of presentation of the subject submitted to the consultation, specifying the issues, the draft legislative or regulatory text submitted for consultation if this is the subject of the consultation and the bulletin of Response to the consultation. The entire written consultation package is presented to the officers at the meeting prior to the launch of the consultation. Only the responses of the incumbent members are counted. The response time is two weeks. The absence of a response within the time limit for the National Consumer Council secretariat is not valid.
In the event of an emergency, the response time appears on the consultation file.
The results of the written consultation (in terms of Quantitative and qualitative) shall be addressed to the members of the National Consumer Council within one month of the expiry of the response period, in the form of a note submitted prior to the signature of the Minister responsible for the Consumption or its representative.
Bureau.
Paragraph 1: composition and terms of office:
The members holding the office are selected from among the members of the National Consumer Council and the alternate members are Selected from the alternate members of the National Consumer Council. However, if a member of the National Consumer Council has not been appointed as a full member of the Bureau and wishes to present himself as an alternate member of the Bureau, his application must be considered admissible and submitted To the vote of the bodies responsible for designating all members of the Bureau of the National Consumer Council.
They shall be appointed by order of the Minister responsible for consumption for a period of eighteen months
Office chooses to be represented by an alternate from the same college, he shall inform the secretariat of the National Consumer Council forty-eight hours before the date of the meeting, except in the event of an emergency.
When They shall not replace a holder, the alternates may attend, without a vote, in the deliberations of the Bureau.
When a member or alternate member ceases to hold office, in particular for having lost the quality by reason of which he Has been appointed, a successor is appointed for the duration of the remaining period, unless this period is less than two months.
Paragraph 2: responsibilities:
The office is responsible for:
(a) The steering of the work of the National Council of Consumption. As such, it shall vote on all opinions submitted to it, with the exception of requests for opinions obtained by written consultation or on convocation by the National Council of the Whole in accordance with the urgent procedure. As regards the work carried out in the permanent groups, a report, at least half-yearly, of the work of these groups shall be presented to the members of the Bureau by their chairmen;
(b) The adoption of mandates for the establishment of groups of Specialized work presented by members of the National Council of Consumer Affairs. The organization proposing a mandate addresses its draft terms of reference to the secretariat of the National Consumer Council with a view to its circulation to the members of the Bureau and the inclusion of its consideration on the agenda of the next meeting. This organization is invited to present it to the office. The future Chair of the expert working group shall be invited to the meeting of the Bureau during which the draft terms of reference are presented to its members.
As regards the terms of reference submitted to the National Consumer Council by the Minister responsible for The consumption, the latter may be presented to the members of the Bureau at a meeting of the Bureau or addressed by mistake or by fax, for possible comments, with a response time of two weeks and a call for applications for the Appointment of the rapporteur for each of the colleges. The comments addressed to the secretariat of the National Consumer Council are, as appropriate, included in the draft terms of reference. At the end of this period, the final version of the terms of reference shall be addressed to the members of the National Council of Consumer Affairs;
(c) The appointment of special group rapporteurs by each of the colleges. With regard to terms of reference submitted by a representative of the consumer college or a representative of the professional college, at the same meeting of the Bureau, the mandate and the appointment of a rapporteur for each of the Colleges;
d) From the proposal to the Chair of Experts to present a preparatory report on the issues discussed in working groups;
e) To draw up a list of European topics or texts that could be the subject of Consultation within the National Consumer Council and determine how these subjects should be examined. These topics may be subject to ad hoc meetings or the creation of specialized working groups. The Presidency of each meeting or sub-group shall be chaired by a representative of the Director-General of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention, specifically designated by the Director General at meetings The Bureau of the National Council of Consumer Affairs.
Paragraph 3: Convening:
The Bureau meets on convocation by its President (the Minister responsible for consumption or his representative) at least every two months. It may be convened under urgent procedure, without conditions of delay or quorum, by the Minister responsible for consumption or his representative, or at the request of two-thirds of the full members representing either college
Summons, together with the agenda and documents required for the information of the officers, shall be sent within one week of the date chosen.
Each meeting shall be accompanied by the panel Tracing the activity of the National Consumer Council over the period since the last meeting of the Bureau and already scheduled for the coming months. When a plenary session is scheduled, the Bureau shall meet at least three weeks before the date of the sitting.
A provisional calendar of meetings of the Bureau shall be fixed for the following year at the last meeting of the Year.
Paragraph 4: vote:
The decision of the office is acquired by a majority of the members present or represented for each of the colleges. The votes are held by a show of hands. The details of the votes shall be included in the statement of decisions of the meeting.
In the event of incapacity, a member of the Bureau may give his or her power in writing to another member of the Bureau. A member of the office may hold only one power. This authority must be written and copied to the secretariat of the National Consumer Council forty-eight hours before the date of the meeting.
Paragraph 5: statement of decisions:
The secretariat of the National Council of Consumption draws up a statement of decisions of the meeting of the bureau as well as possible observations. This text shall be circulated, after approval by the Bureau, to all the full and alternate members of the National Consumer Council.
Specialized Working Groups.
Paragraph 1: Constitution:
Questions submitted to the National Consumer Council may be referred for consideration to a specialized working group established on the Basis of a mandate.
The National Consumer Council's specialized working groups are composed of:
1. A rapporteur for each of the colleges;
2. Incumbent and alternate members of the National Consumer Council or their representatives. For the establishment of a specialised working group, the secretariat of the National Council of Consumer Affairs shall address to each incumbent and alternate member of the National Consumer Council a registration form. This form must be returned, duly completed, to the address of the secretariat of the National Consumer Affairs Council within ten days of sending the form. Nominal registration to a working group entails an obligation of attendance;
3. The chairman of the working group, appointed by the Minister of Consumer Affairs or the Director-General of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention. The chair of the working group is responsible for the interdepartmental composition of the working groups. In conjunction with the rapporteurs, it shall establish a list of experts and personalities who may be responsible for preparing a preparatory report, being heard by the working group and participating in a permanent or ad hoc capacity in the work of the group. ;
4. Members of the National Consumer Council referred to in Article D. 511-8 of the Consumer Code and in the Order of 14 March 2005.
Only the members of the Working Group referred to in items 1 and 2 above shall have a vote
Paragraph 2: operation:
The chair of the working group organizes the work of the group in liaison with the two rapporteurs and the secretariat of the National Consumer Council. The secretariat of the National Council of Consumer Affairs is responsible for the sending of the summons and the agenda, the preparation and dissemination of the minutes of meetings, validated by the chairman of the group. They shall be approved by the members of the working group at the following meeting.
Paragraph 3: convocation:
The convocation and the agenda of a working group shall be sent, except in cases of emergency, two weeks at the latest Before the date selected, to the members of the Working Group, by the secretariat of the National Consumer Council.
Paragraph 4: reports and opinions:
In conclusion of the work of the Working Group, the rapporteurs of the groups of Specialised work is responsible for drafting a synthetic opinion project. This draft opinion shall be presented to the members of the group within a period of not more than seven months from the date of the first meeting of the group. The Chair of the Working Group is responsible for drafting the draft report, which is intended to explain the recommendations contained in the draft opinion. The hearings of the experts shall be annexed to the draft report and the nominative list of the members of the working group. When the group agreed on a final version of these projects, they were presented by the two rapporteurs at the next meeting of the Bureau in order to obtain the votes of the members of the Bureau. An opinion shall be considered as approved if it has obtained the majority of the votes of the representatives of each of the colleges at the Office of the National Consumer Council.
In the event that the rapporteurs of a specialised working group are unable to Not, within the time limits indicated above, to obtain agreement of the members of the group on the draft opinion presented to them, it shall be terminated at the meetings of the group. However, a draft report should be presented to the members of the Bureau.
At the annual plenary meeting, the President of the National Council of Consumer Affairs presents all the opinions and reports that have been adopted by the members of the Desktop.
Permanent groups.
Standing groups are groups of information that are intended to address consumer issues in a particular economic sector. They shall be appointed by a representative of the Minister responsible for consumption and shall be open to the members of the National Consumer Council who request their registration, as well as to any representative of the administration, expert or personality who formulates a Request for participation in the Chair or in response to a request from the Chair.
Convening of meetings and agendas shall be sent to the members of the group two weeks before the date chosen, by the Secretariat of the National Consumer Council. These meetings are the subject of a report prepared by the secretariat of the National Consumer Council, adopted by the group at the next meeting.
Chairs of the Standing Groups may form sub-working groups Specialized. These sub-groups do not give rise to the appointment of rapporteurs or to the drafting of opinions and reports. The minutes of the meetings are prepared by the secretariat of the National Council of Consumer Affairs and distributed to all members of the group.
Tracking groups.
The views of the National Consumer Council are monitored. It is the responsibility of the chairman of the specialised working group to determine, in liaison with the rapporteurs and the secretariat of the National Consumer Council, the most appropriate monitoring arrangements. These may take the form of a regulatory mechanism, a follow-up meeting, organised within one to two years from the date of the adoption of the opinion enabling, where appropriate, to report on a survey carried out by the services The Directorate-General for Competition, Consumer Affairs and Fraud Prevention. Follow-up meetings of the specialized groups are the subject of a report prepared by the secretariat of the National Consumer Council. These reports shall be made available to all members of the working group and to all members of the National Consumer Council.
European Works.
The secretariat of the National Consumer Council is informed by any means of the work carried out by the European institutions and which have an impact on consumption. The information received is the subject of a communication at each meeting of the Office of the National Consumer Council. It is then up to the members of the Bureau to draw up a list of topics or texts which could be the subject of consultation within the Council and to determine the modalities for the examination of these subjects. These topics may be subject to ad hoc meetings or the creation of specialized working groups. The Presidency of each meeting or sub-group shall be chaired by a representative of the Director-General of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention, specifically designated by the Director General at meetings Office.
Working group on a single college.
In exceptional and motivated circumstances, the minister responsible for consumption or the majority of the members of each college may establish a valant mandate Establishment of a working group of one of the colleges where only this college is concerned.
It is constituted and operates according to the rules set out in article 3 above.
Meeting of consumer college.
Paragraph 1: General provisions:
The purpose of the consumer college meeting may be to:
Individual designations for only this college;
-to take a position on a notice to be presented to the office of the National Consumer Council and put to the vote of its members;
-to discuss a particular issue on Concerning;
-to present an annual report on the mandates of the members of the National Consumer Council or their representatives in the various advisory
. May be invited to participate, for the purpose of the question, at the college meeting.
Paragraph 2: convention, chair and secretariat:
The consumer college meets at the request of the minister responsible for consumption or majority Of its members. It shall be chaired by the Minister responsible for consumption or his representative.
The Secretariat of the National Consumer Council shall address the meeting at least two weeks before the date of the meeting. The convocation of the college may be carried out without any conditions of delay in the event of an emergency. The secretariat of the National Consumer Council shall draw up a statement of decisions to the attention of the members of the College.
Where a position or position is to be filled on nomination or proposal of the College, a call for applications shall be sent By the secretariat of the National Consumer Council to the members and alternates. A deadline for reply appears on the call for applications. Applications must include written reasons on the part of the candidate and a curriculum vitae of the candidate. Applications which fail to arrive within the deadline set out in the call for applications shall not be accepted.
At the end of the deadline set in the call for applications, all associations shall be informed by the secretariat of the National Council of the Consumption and by mistake of the list of candidates. If the number of candidates exceeds the number of positions to be filled, a designation will be made at the next meeting of the consumer college.
If a point on the agenda so requires, the consumer college may Majority, decide to debate it in the absence of the administration.
Paragraph 3: vote:
The vote is held in secret ballot. The first round is carried out by an absolute majority and, if necessary, the second round is carried out by a relative majority. In the case of equal voting, a draw shall be drawn up between the candidates concerned, which means first and obtaining the same number of votes.
Privacy.
The discussions in the working groups are strictly confidential. Communicable information to any natural or legal person not a member of the National Consumer Council is the information on the website of the National Consumer Council (www.conseilconsommation.minefi.gouv.fr).
Reports and publicity of the work of the National Consumer Council.
The minutes of the plenary meetings of the National Consumer Council and the annual activity report are adopted by the The
of the National Consumer Council of the Whole are expressed by a comprehensive vote, in plenary and by college, on the work carried out and validated during the year by the Bureau (activity of the working groups). Specialised, permanent and monitoring, European works, adoption of opinions, adoption of mandates for the implementation of the current or future work programme, etc.).
The opinions and reports of the National Council of Consumer Affairs, adopted by the Office, are published in the Official Bulletin of Competition, Consumer and Fraud Prevention (BOCCRF) and posted on the website of the National Consumer Council. The annual report is published in the Official Bulletin on Competition, Consumer and Fraud Prevention (BOCCRF) and posted on the website of the National Consumer Council, following its adoption in plenary session.
Done at Paris, March 14, 2005.
Christian Jacob
