Key Benefits:
Prime Minister,
On the report of the Minister of Small and Medium Sized Enterprises, trade, craft and liberal professions,
In view of Law No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations, in particular Article 21;
Law No. 2005-882 of 2 August 2005 in favour of small and medium-sized enterprises, in particular Article 60;
In view of Decree No. 2006-781 of 3 July 2006 laying down the conditions and rules for the settlement of the costs of temporary movement Civil personnel in the state;
The Conseil d' Etat (Finance Section) heard,
Describes:
The National Fair Trade Commission includes, in addition to its president:
1 ° A representative of the Minister responsible for trade;
2 ° A representative of the minister responsible for ecology;
3 ° 1 Representative of the Minister responsible for cooperation;
4 ° A representative of the Minister responsible for tourism;
5 ° A representative of the Minister responsible for industry;
6 ° A representative of the Minister responsible for external trade;
7 ° The delegate Interdepartmental Committee on Sustainable
; 8 ° The Interdepartmental Delegate to Innovation, Experimentation and the Social Economy;
9 ° Four representatives of organizations and federations specializing in Fair Trade;
10 ° Two representatives of organisations and professional federations involved in fair trade;
11 ° Two representatives of consumer associations;
12 ° Four representatives of solidarity organisations International;
13 ° Two qualified persons.
The Commission can also join experts who do not have a deliberative voice.
The President and the members of the committee mentioned at 9 °, 10 °, 11 °, 12 ° and 13 ° of Article 2 shall be appointed by order of the Minister responsible for trade.
The term of office of the members referred to in 9 °, 10 °, 11 °, 12 ° and 13 ° of Article 2 shall be renewable for three years. It shall be designated for each of these members an alternate member. The alternate members shall participate in the committee only in the absence of the full members.
It may be terminated before the term of office of a full member or, where appropriate, an alternate member, after three consecutive absences without any Legitimate reason.
If a member of the commission resigns, dies, is removed from office or ceases during a term of office for which he or she has been appointed, he shall be replaced for the duration of his or her remaining term of office To run.
Members of the Commission are subject to a confidentiality obligation. The duties of a member of the Commission shall be exercised free of charge.
The Chairman and the members of the Commission shall not take part in the proceedings when they have a personal interest in the matter.
The National Fair Trade Commission establishes its rules of procedure.
Its secretariat is provided by the Directorate of Commerce, Handicrafts, Services and Professions
Requests for recognition are addressed to the Secretariat and subject to an acknowledgement of receipt issued by the Secretariat.
The Commission is responsible for the processing of applications submitted to it. The President shall appoint a rapporteur for this purpose. It may be chosen from among its members or among Category A officials within the departments referred to in section 2.
The four-month silence of the commission on a request for recognition shall be deemed to be a rejection decision.
The commission meets on convocation by its president.
It hears, at their request, the persons seeking recognition.
The Director of Commerce, Handicrafts, Services and The
may validly deliberate only in the presence of the majority of its members in the presence of the majority of its members. Decisions shall be taken by a majority of the members present.
In the event of an equal sharing of votes, the Chairman shall have a casting vote.
To recognize natural or legal persons who enforce fair trade conditions, the commission is based on the following criteria:
I.-Objective: the natural or legal person Aims, in accordance with the principles of sustainable development, to enable disadvantaged producers in developing countries to improve their living conditions, and to producer organizations to strengthen their capacity for action and Contracting and public authorities.
II. -Independence: the natural or legal person seeking recognition shall ensure that the conditions of fair trade are respected, excluding any activity of production, processing or distribution of goods or services Fair trade merchants. The activity of the natural or legal person seeking recognition includes information and public awareness activities on fair trade issues.
III. -Openness: the natural or legal person seeking recognition shall make available to any person who requests it all the information relating to its mode of operation, in particular concerning the arrangements for Control and decision-making as a result of fair trade compliance checks.
IV. -Presence among producers in developing countries: the natural or legal person ensures the existence of a system of effective control of the observance of the conditions of fair trade, including in the countries where the Producers. This control concerns the structure of the producer organisation, its democratic character, and the transparency of the management of the revenue generated by fair trade, with a view to achieving the objectives of economic, social and economic development
V.-Controls carried out with importers: the natural or legal person shall ensure that importers comply with minimum terms and conditions relating to the purchase price, the continuity of orders and their Pre-financing.
VI. -Accompanying and sensitisation: the natural or legal person ensures the existence of accompanying benefits for producers, aimed at strengthening them in their technical and economic competence, in their organisation and in their Capacity for action and negotiation in relation to markets and public authorities, and public awareness of fair trade issues.
People who seek recognition from the National Fair Trade Commission present in support of their application a file whose elements are defined by The Minister responsible for trade, taken after the opinion of the commission.
The recognition shall be granted for a renewable period of three years.
The person to whom the commission has given its recognition may publicly declare that The statement: " Recognized by the National Fair Trade Commission ".
Recognition may be withdrawn at any time when the recognized person ceases to meet the requirements. If it appears to the committee that the person is likely to meet these conditions again within a reasonable period of time, it may decide to suspend the recognition. The suspension or withdrawal shall be pronounced in the forms provided for in Article 5 and after the person concerned has been placed to submit his observations.
The suspension measure may be lifted at the request of the person, in the same Shapes.
Decisions of refusal, suspension and withdrawal of recognition are reasoned.
Decisions of the Commission, signed by the President, shall be notified to the Minister responsible for trade and the applicant or to the applicant.
The decisions granting recognition and those giving the suspension and withdrawal shall be published in the form of an opinion in the Official Journal of the French Republic.
Minister of Foreign Affairs, Minister of Economy, Finance and Industry, Minister of Transport, Equipment, Tourism and the Sea, Minister of Ecology and Development Minister Responsible for Cooperation, Development and Francophonie, the Minister of Small and Medium Enterprises, the Minister for Small and Medium-sized Enterprises, the Minister Delegate to Tourism, the Minister Delegate to The industry and the Minister responsible for external trade shall each be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, May 15, 2007.
Dominique de Villepin
By the Prime Minister:
The Minister of Small and Medium Enterprises,
of Trade, of
and Liberal Professions,
Renaud Dutreil
Foreign Minister,
Philippe Douste-Blazy
Minister of the Economy,
Finance and Industry,
Thierry Breton
Minister of Transport, Equipment,
du tourisme et de la mer,
Dominique Perben
Minister of Ecology
and Sustainable Development,
Nelly Olin
Associate Minister Cooperation,
au développement et à la francophonie,
Brigitte Girardin
The Minister Delegate for Tourism,
Léon Bertrand
Minister Delegate to Industry,
François Loos
Minister
delegate to foreign trade,
Christine Lagarde
