Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister of Small and Medium Enterprises, Trade, Crafts and Liberal professions,
In view of Book VII of the Commercial Code, in particular Article L. 711-8;
In view of the general tax code, in particular the II of its Article 1600;
In the light of Law No. 83-8 of 7 January 1983 on the distribution of Competences between the municipalities, the departments, the regions and the State, in particular Articles 34 and 34 bis;
Given the Law n ° 2004-809 of 13 August 2004 on local freedoms and responsibilities, in particular Article 1;
Vu Decree No. 91-739 of 18 July 1991, as amended by Decree No. 2004-576 of 21 June 2004, relating to the Chambers of Commerce and Industry, to the Regional Chambers of Commerce and Industry, to the Assembly of French Chambers of Commerce and Industry and inter-consular groups;
Given the referral to the Guadeloupe Regional Council as of December 30, 2005;
Seeing the referral to the General Council of Guadeloupe as of December 30, 2005;
Seeing the referral to the Regional Council From Guyana as of 10 January 2006;
Seeing the Referral to the General Council of Guiana as of 10 January 2006;
Having regard to the opinion of the Regional Council of the Meeting as of 24 January 2006;
Seeing the reference to the General Council of the Meeting as of January 6, 2006;
Seeing the referral to the Martinique Regional Council as of January 2, 2006;
Seeing the referral to the General Council of Martinique as of January 2, 2006;
The Conseil d' Etat (section of public works) heard;
Le Council of Ministers heard,
Describes:
The master plan mentioned in 2 ° of Article L. 711-8 of the code Shall determine, for the chambers of commerce and industry registered there, their municipality or geographical area of establishment and their territorial constituency, and, where appropriate, the municipality or the geographical area Establishment and administrative limits of the delegations referred to in Articles 5 and 6 of the Decree of 18 July 1991.
It shall be established by the Regional Chambers of Commerce and Industry under the conditions laid down in Article 2 of the The
plan shall be accompanied by a report justifying the choices made in relation to those criteria and the regional planning and development scheme of the territory, where the latter has been adopted.
Only chambers of commerce and industry with equal numbers of nationals can be included in the master plan Or more than 4 500.
However, among those whose number of nationals is less than 4,500, can be entered in the schema:
1 ° The chambers of commerce and industry whose last known tax bases are greater than EUR 350 million;
2 ° The chambers of commerce and industry concessionaires, in their territorial constituency, of one or more ports or airports, the development of which is provided for in the regional planning scheme and Development of the territory;
3 ° The chambers of commerce and industry whose territorial constituency corresponds to the department.
A Chamber of Commerce and Industry whose territorial constituency is at least one Department may be removed from the master plan only on the assent of its general meeting.
Schema In accordance with the conditions laid down in Article 2, the Director may provide for the merger of chambers of commerce and industry whose electoral districts are adjacent but which belong to different
. The guidelines established and adopted by the relevant regional chambers.
The draft master plan is Adopted by the General Assembly of the Regional Chamber of Commerce and Industry, by a two-thirds majority of its members.
For the application of Article 1600 of the General Tax Code, the draft master plan adopted under the conditions laid down in Article 4 shall be transmitted, together with the report referred to in the third subparagraph of Article 1, to the
prefect of the region shall transmit the draft master plan and the report thereon to the Minister responsible for the guardianship of the Chambers of Commerce and Industry, accompanied by his reasoned opinion on the basis of the criteria laid down in the Decree.
In the event that the Minister responsible for the supervision of the chambers of commerce and industry considers that the master plan does not satisfy the conditions referred to in Articles 1 and 2, he shall inform the regional prefect of his refusal Approve the scheme as it is for the latter to request the Regional Chamber of Commerce and Industry to release it again within four months.
The master plan shall enter into force as from the publication in the Official Journal Of the French Republic of the Order of the Minister with a decision of approval.
Revision of the master plan Operates under the same conditions as for its adoption
The sectoral schemes mentioned in Article L. 711-8 of the Commercial Code indicate the establishment of all establishments, infrastructures, equipment and services managed by one or more Chambers of Commerce and Industry in each region:
1 ° Management of airport and port facilities;
2 ° Training and teaching;
3 ° Support for the creation, transmission and development of
. Can also cover other sectors, in particular the sectors of international development, economic intelligence, research and innovation.
They are developed by the regional chambers of commerce and industry In accordance with the specifications laid down in Article L. 711-12 of the Commercial Code and in line with the regional economic development scheme, if adopted.
Each sectoral scheme shall be accompanied by a report justifying the Choice in relation to the regional economic development scheme. This report also shows the objectives pursued in the areas mentioned above and the means implemented.
Sectoral schemes projects are transmitted for information by the President of the Regional Chamber of Commerce and Industry to the Presidents of the Chambers of Commerce and Industry located in its territorial constituency And to the Assembly of the French Chambers of Commerce and Industry.
Within a time limit which cannot be less than 15 days after this transmission, the sectoral schemes shall be adopted by the General Assembly of the Regional Chamber of Trade and industry, under the conditions laid down in the rules of procedure of the Chamber.
Sectoral schemes Are revised under the same conditions:
1 ° At the request of the minister responsible for the guardianship of the chambers of commerce and industry or of the regional prefect;
2 ° At the request of the majority of the members of the chambers of commerce and industry Component of the Regional Chamber of Commerce and Industry;
3 ° The occasion of the creation of a new business line or the modification of the conditions for the management of port or airport equipment;
4 ° Amendment by the Assembly of the French Chambers of Commerce and Industry of the specifications provided for in Article L. 711-12 of the Commercial Code, if the sectoral scheme does not conform to the intervention standards resulting from this Modification.
The assembly of the French Chambers of Commerce and Industry establishes the table each year Summary of the sectoral schemes adopted by distinguishing them according to their field of application. It forwards this document to the Minister responsible for the guardianship of the chambers of commerce and industry
In the overseas departments, the guidelines shall be adopted by the chambers of commerce and industry in accordance with the provisions of Articles 1, 2, 5 and 6 and the sectoral schemes in accordance with Sections 7, 8, 9 and 10.
For the purposes of these articles, the words " Regional Chamber of Commerce and Industry " Are replaced by the words: " The Chambers of Commerce and Industry " And the words: " Regional development scheme And development of the territory " With the words: "
, if an overseas department comprises several chambers of commerce and industry, these schemes shall be adopted, by a two-thirds majority, in the course of the An exceptional plenary assembly of members of the general chambers of the chambers.
Chapter II, And Article 11, as it relates to sectoral schemes, may be amended by decree.
The First Minister, the Minister for Overseas Affairs and the Minister for Small and Medium-Sized Enterprises, Commerce, Handicrafts and Professions are responsible, each with respect, for the application of this Order, to be published in the Official Journal of the French Republic
Done at Paris, 16 March 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of Small and Medium Enterprises,
Business,
and Liberal Professions,
Renaud Dutreil
The Minister for Overseas,
François
Baroin
