Key Benefits:
Prime Minister,
On The report of the Minister of State, Minister of Economy, Finance and Industry,
In view of the trade code;
Given the Election Code;
Given the Administrative Justice Code;
Given the Penal Code;
Due to the Act of April 9, 1898, as amended Relating to chambers of commerce and industry;
Given the law n ° 51-637 of 24 May 1951 extended to the departments of Guadeloupe, French Guiana, Martinique and Réunion the metropolitan legislation relating to the chambers Trade and Industry;
Due to Act No. 78-17 of January 6, 1978, as amended Computers, files and freedoms;
In the light of the amended Decree of 28 September 1938 on the organisation of the regional chambers of commerce and industry;
In view of Decree No. 64-1200 of 4 December 1964 amending the creation of a Standing Assembly of Chambers of Commerce and Industry;
In light of Decree No. 66-570 of 30 July 1966 amending the electoral district and the organisation of the Chamber of Commerce and Industry of Paris;
Given Decree No. 66-571 of 30 July 1966 Relating to the Chamber of Commerce and Industry of Versailles;
Given Decree No. 83-473 On 9 June 1983 on the composition, organisation and election of members of the Chamber of Agriculture, Commerce, Industry and Crafts of Saint-Pierre-et-Miquelon;
In view of Decree No. 90-1214 of 29 December 1990 on the books The expenses of La Poste and the code of posts and telecommunications;
Having regard to Decree No. 91-739 of 18 July 1991 on chambers of commerce and industry, to the regional chambers of commerce and industry, to the Assembly of the French Chambers Trade and industry and inter-consular groups, as amended by Decree No. 2001-544 of 25 June 2001;
Having regard to Decree No. 97-34 of 15 January 1997 concerning the deconcentration of individual administrative decisions;
In the light of Decree No. 97-1194 of 19 December 1997 for the application to the Minister of The economy, finance and industry of Article 2 of Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions;
Given Decree No. 98-406 of 22 May 1998, as last amended by the Decree No. 2003-595 of 26 June 2003 concerning the period of registration of fishermen Professional in the register of trade and companies;
In view of Decree No. 2001-272 of 30 March 2001 taken for the application of Article 1316-4 of the Civil Code and relating to electronic signature;
In view of the reference to the General Council Saint-Pierre-et-Miquelon dated February 2, 2004;
Due to the opinion of the National Commission on Informatics and Freedoms dated November 20, 2003;
The Conseil d' Etat (section of public works) heard,
Clipping:
Title I of the decree of 18 July 1991 is replaced by the following provisions:
"TITLE I
" FOR TRADE AND INDUSTRY CHAMBERS
" Chapter I
"Organization and operation of
Chambers of Commerce and Industry
" Section 1
" Composition of Rooms Commerce and industry
" Article 1. -A decree of the minister responsible for the guardianship of chambers of commerce and fixed industry, by reference to the nomenclatures of activities and products of the Institut national de la statistique et des études économiques, the composition of the categories Professional referred to in the first paragraph of Article L. 713-11 of the Commercial
. Art. 2. -On the occasion of a renewal in two, the Chamber of Commerce and Industry shall, in accordance with the criteria laid down in Articles L. 713-11, L. 713-12 and L. 713-13 of the Commercial Code, undertake a study to determine the economic importance of the Categories and, if applicable, professional subcategories.
" The study shall be drawn up on the basis of statistical data collected in accordance with arrangements laid down by the Minister responsible for the guardianship of chambers of commerce and industry and for calculating the following reports between:
1 ° The sum of the bases of taxation of the professional tax of nationals of the category and the sum of the bases of taxation of all nationals;
" 2 ° The number of nationals of the category and the total number of nationals;
3 ° Number of employees employed by nationals of the category and number of employees employed by all nationals.
" The study describes the distribution of members between occupational categories and, where appropriate, between professional sub-categories and proposes the number of members to be included in the Chamber of Commerce and Industry. It shall be delivered to the prefect on or before 31 March of the year of renewal
The personal information collected and used by the Chambers of Commerce and Industry in connection with the preparation of this study is not subject to any interconnection with other files. They are kept strictly necessary to carry out the study for which they are collected and are not used for other purposes.
" Art. 3. -By 31 May of the year in which the study was carried out, a prefectoral decree determines the number of members and the composition of the Chamber of Commerce and Industry by occupational categories and sub-categories. In order to take account of local particularities, the Prefect may depart from the proposals of the study with regard to the number of seats allocated to the different categories up to the twentieth of the seats to be
. Art. 4. -In the event of the creation of a new Chamber, the creation of a delegation or the modification of the electoral district of a Chamber, the Prefect shall establish the number of members and the composition of the Chamber under the conditions laid down in Articles 2 and 3 Above
"Section 2
" Delegation of Chambers of Commerce and Industry
" Art. 5. -Where, in the constituency of a Chamber of Commerce and Industry, the existence of economic activity pools makes it necessary, delegations corresponding to administrative boundaries may be created by prefectural order. However, no delegation may be established beyond 31 May of the year in which the renewal of the Chamber of Commerce and Industry is carried
. The number of members of the delegation and their distribution between categories and professional sub-categories shall be determined by the prefect under the conditions laid down in Article 4.
" The members of the delegation shall be elected at the elections of the Chamber of Commerce and Industry and divided into categories and sub-categories in accordance with the same rules as those applicable to other members of the Chamber of Commerce and Industry.
" Article 6. -The delegation, which cannot meet by category, submits to the Board its proposals and wishes. It can be consulted directly by the administration on the particular problems of its electoral district.
" The delegation shall submit to the Chamber of Commerce and Industry for its approval its rules of operation, which shall be incorporated into the rules of procedure of the
. Art. 7. -The delegation shall elect its Chairman, who shall be the Vice President of the Chamber of Commerce and
. The Delegation shall meet on convocation by its Chairman or at the request of at least one third of its members. It may join associate members under the conditions set out in item 8.
"Section 3
" Related Members
" Article 8. -chambers of commerce and industry may join associate members in more than half of the elected members. These members shall take part in the deliberations with a consultative vote and may represent the chambers in all the bodies to which they
. The associate members shall be appointed by the Chamber after each renewal, among qualified persons with relevant skills in the public establishment, in particular among the maritime pilots in the rooms of which the constituency Has seaports.
"Section 4
" Operation of Chambers of Commerce and Industry
" Art. 9. -Within six weeks after polling day, the elected members of the Chamber of Commerce and Industry shall be installed by the prefect, who shall draw up minutes of the
. Art. 10. -I.-After each renewal, the Chamber of Commerce and Industry shall elect a Bureau consisting of a President, two Vice-Presidents, a Treasurer, an Assistant Treasurer and one or two Secretaries
The President and the two Vice-Presidents shall represent the three occupational
. The Prefect may authorize the increase in the number of Vice-Presidents and Secretaries, in particular in the case of the application of Article 5
above. II. -It shall be provided immediately to replace any member of the office whose position has become vacant. In the event of a vacancy of half of the posts, the office shall be re-elected in its
. If the entire Bureau of the Chamber of Commerce and Industry has resigned, the Prefect shall ensure the dispatch of the current affairs until the election of a new office
III. -Candidates for office duties must certify to the Prefect that they fulfil the conditions laid down in Article L. 713-4 of the Commercial Code and that they are not affected by any of the disabilities referred to in Article L. 713-3 of the same Code.
" No one may be simultaneously a member of the office of a Chamber of Commerce and Industry and a member of the office of a Chamber of Commerce. In the event of cumulation, the person concerned shall inform the prefect, within ten days after the occurrence of the cumulation, of the two functions which he chooses to perform. Otherwise, it is considered to have chosen the last function to which it was elected.
" Art. 11. -Where a member of a Chamber of Commerce and Industry refuses to exercise any or all of the functions conferred by his or her mandate or laid down by the rules of procedure of the Chamber, or shall refrain without any legitimate reason from going to the meetings of the Chamber Of six consecutive moix, the prefect may send him a formal notice to comply with his obligations. If the person concerned does not defend such notice within the prescribed period, the prefect may remove him or her from his or her duties by reason of order, after having placed him or her in order to make his observations.
" The prefect may also, in the event of serious misconduct in the performance of the duties and the reasoned order taken after the person concerned has been placed in order to make his observations, terminate the duties of a member of the Chamber of Commerce and Industry, a member of the office or the president.
" Art. 12. -In the event of the dissolution of a Chamber of Commerce and Industry, a provisional commission, the composition of which shall be established by the prefect, shall be responsible for shipping the current affairs.
" Chapter II
"Trade and Industry
Members Election
" Section 1
" Establishing Lists Electoral
" Art. 13. -The committee referred to in Article L. 713-14 of the Commercial Code, hereinafter referred to as the " Committee on the Establishment of the Lists of Electors, shall be chaired by the judge committed to the supervision of the register of trade and companies under whose jurisdiction Is the seat of the Chamber of Commerce and Industry. It shall consist of a representative of the Prefect and a member of the Chamber of Commerce and Industry designated by the General Assembly of the
. The Commission shall meet, upon convocation by its President, from 1 January of the year of each renewal
The secretariat of the committee shall be jointly insured by the Registrar of the court of first instance competent in trade matters and by the Director General of the Chamber of Commerce and Industry or their representative
The Commission may associate the Chamber of Commerce and Industry with its
. Art. 14. -The list of electors for members of the Chamber of Commerce and Industry shall be established in accordance with the following
: 1 ° The Chamber of Commerce and Industry shall send to undertakings registered in the Register of Trade and Companies of its jurisdiction, before the last day of February of the year of renewal, by mail or electronic means, a questionnaire in The identification or designation of the electors defined in Articles L. 713-1 to L. 713-3 of the Commercial Code.
" Questionnaires are returned by mail or electronically to the Chamber of Commerce and Industry no later than May 31 of the same year.
" 2 ° The judge committed to the supervision of the register of trade and companies, assisted by the registrar of the court referred to in the first subparagraph of Article 13, shall provide the Chamber of Commerce and Industry with the list of Natural and legal persons defined in Article L. 713-1 of the Commercial Code and registered in the Register of Trade and
. 3 ° The electoral lists committee shall carry out the revision of the lists of electors, which shall be adopted by 30 June
4 ° The lists of electors shall be drawn up by category and, where appropriate, sub-category and transmitted to the prefect by 31 July at the
. Art. 15. -The Prefect shall make available to the public, from 1 August to 1 September inclusive, in each court of first instance competent in trade matters in the constituency of the Chamber, the Chamber of Commerce and Industry, and The prefecture, a copy of the lists of
. The prefect shall inform the voters of the deposit of the lists of electors and of the places and arrangements for their consultation, by means of posters affixed to the prefecture of the seat of the Chamber of Commerce and Industry, at the seat of the Chamber and, where appropriate, by Any other means.
" When the electronic voting list is scheduled to be consulted, it must be carried out under security and confidentiality conditions ensuring compliance with the electoral code.
" An elector shall be entitled to take notice of the lists of electors and to make a copy of the lists of electors at the Chamber of Commerce and
. Any commercial use of the lists of electors established for the elections to the Chambers of Commerce and Industry shall be punishable by the fine for the tickets of the 5th class
Art. 16. -The arrangements for payment to the Registrar of the benefit provided for in 2 ° to Article 14 shall be fixed by order of the Minister responsible for the supervision of chambers of commerce and industry
Art. 17. -Any elector may, during the period of advertising of the lists of electors provided for in section 15 of this Order, make a claim to the electoral lists commission.
" Claims are filed with the Panel Secretariat.
" The Committee on the Establishment of the Lists of Electors shall rule on the claims as well as on the new elements which appeared between 30 June and 31 July, which are reported to it by the prefect, the judge committed to the supervision of the register of trade And of companies or the registrar of the court of first instance competent in commercial matters, no later than 48 hours after the end of the making available to the public of the lists of
. Art. 18. -The decisions of the Commission may be challenged under the conditions laid down in Articles L. 25, L. 27 and R. 13 to R. 15-7 of the Election
. The district court with jurisdiction is the jurisdiction in which the Chamber of Commerce and Industry has its seat.
"Section 2
" Candidatures
" Art. 19. -I.-Any elector who fulfils the conditions laid down in Article L. 713-4 of the Commercial Code may apply in his sub-category or, failing that, in his or her occupational category. No one can be a candidate in more than one category and subcategory.
" The eligibility age is assessed at the date of the poll.
" II. -Applications are declared to the prefecture.
" The declarations of candidature shall be admissible as from the day fixed by the order for the convocation of the electors provided for in Article 23 of this Decree and up to the fortieth day before the vote, at 12 noon. They must be in writing and signed by the candidates. They may be individual or collective and presented either by the candidates themselves or by an agent. In this case, the statements must be accompanied by the terms of reference signed by the principals and the agent.
" The declaration of nomination must indicate the name, the names, the sex, the date and place of birth of the applicant, his nationality, the name and address of the undertaking in which he performs his/her duties, occupational category or The subcategory in which it occurs and its registration number on the list of electors.
" Each applicant attests to the prefect, in the form of a declaration on honour, that he fulfils the conditions of eligibility listed in Article L. 713-4 of the Code of Trade and that he is not struck by any of the disabilities provided for in Article L. 713-3 of the commerce code.
" III. -Application declarations which satisfy the conditions laid down in Article L. 713-4 of the Commercial Code and by this Decree shall be registered and shall give rise to the issue of a
. The Prefect shall publish the list of candidates, by posting, to the prefecture, to the Chamber of Commerce and Industry, and, where appropriate, by any other means, the day after the deadline for submitting applications under this
. The election campaign begins on the day the list of candidates is posted and ends on the day before polling day at zero.
" Article 20. -No withdrawal or replacement of an application is accepted after registration.
" Refusal to register an application may be challenged by the candidate or his representative under the conditions laid down in the penultimate paragraph of Article L. 265 of the Election
. The application shall be registered if the Administrative Court has not decided within three days of the filing of the request.
"Section 3
" Electoral Operations
" Article 21. -The committee provided for in Article L. 713-17 of the Commercial Code, hereinafter referred to as "the Committee on the Organising of Elections, shall be chaired by the Prefect or his representative and shall comprise:
" -the President of the court of first instance competent in trade matters within the jurisdiction of which the seat of the Chamber of Commerce and Industry is situated;
' -the President of the Chamber of Commerce and Industry or a member designated by his or her care
The Commission shall be assisted, for the tasks referred to in the 2 ° and 3 ° below, of a representative of each undertaking responsible for the delivery of mail
It may join, at the decision of its president, as many collaborators as is necessary.
" The secretariat of the committee shall be provided by the Director General of the Chamber of Commerce and Industry or a representative appointed by his or her care in the Chamber of Commerce and
. The prefect shall set up the committee no later than 15 September preceding the
. The commission is loaded:
" 1 ° To verify the conformity of the ballot papers and circulars with the provisions of the order provided for in the last paragraph of this Article;
" 2 ° To send to the electors, twenty-one days before the poll, the candidates' circulars and ballots, as well as the instruments necessary to vote;
" 3 ° organize reception of votes;
" 4 ° organize the counting and counting of votes;
" 5 ° declare results.
" In order to carry out such operations, the Chairman of the Commission may seek the assistance of the Chamber of Commerce and
. The consignments referred to in 2 ° of this article which have not been sent to their addressee shall be returned by the companies responsible for the delivery of the mail to the prefecture, who shall keep them until the expiry of the time limits for the appeal against the Elections or, where applicable, until the intervention of a definitive judgment on
. An order of the Minister responsible for the guardianship of the Chambers of Commerce and Industry establishes the format, wording and arrangements for the printing of bulletins and circulars, as well as the manner in which applications can be submitted on the ballot papers. Vote.
" Art. 22. -Candidates who have received at least 5 % of the votes cast may be reimbursed for their propaganda costs by the Chamber of Commerce and Industry. In case of grouping of applications by occupational category or sub-category, all candidates shall be considered to have received 5 % of the votes cast, since at least one of them has reached that percentage.
" A decree of the minister responsible for the guardianship of chambers of commerce and industry defines the costs of propaganda and establishes the number and characteristics of the documents accepted for reimbursement and the conditions of the documents.
" The Prefect shall fix, by reference to the rates fixed pursuant to Article L. 52-11-1 of the Election Code, the maximum printing and display rates within which the reimbursement shall be made.
" Article 23. -By 1 September at the latest, an order of the Minister responsible for the guardianship of the Chambers of Commerce and Industry shall fix the date of the start and end of the period of application, the composition of the Candidature File and the closing date of the A vote that cannot be later than the first Wednesday of November at midnight. However, in the event of special circumstances, the voting deadline may be extended by a joint decree of the Minister responsible for the guardianship of chambers of commerce and industry and of the Minister of the Interior.
" Section 4
"Mail-order
" Article 24. -Bends containing the postal votes shall be admitted free within the meaning of paragraph 2 of Article 38 of the terms of reference of La Poste annexed to the aforementioned decree of 29 December
. For postal voting, the postmark is authentic.
" The arrangements for postal voting shall be fixed by order of the Minister responsible for the guardianship of chambers of commerce and industry
Art. 25. -I.-The delivery envelopes are addressed to the prefecture, which provides a summary statement.
" Under penalty of nullity of the vote, the delivery envelopes must contain the following statements:
" -the name of the room;
" - "Election of members;
" -the elector's name;
" -its first names;
" -its signature;
" -the designation of the category and, if applicable, the subcategory to which it belongs.
" The delivery envelopes may include a device for automated reading, in the security conditions and in accordance with the terms defined by the Minister responsible for the guardianship of the chambers of commerce and Industry taken after advice from the National Computer and Liberties Commission.
" II. -Under penalty of nullity of the vote, the voting envelopes shall contain only the following statements:
" -the name of the Chamber of Commerce and Industry;
- "Election of members;
" -the designation of the category and, if applicable, the subcategory to which the voter belongs.
" Article 26. -On the Monday following the date of the vote, the Committee on the Organising of Elections, where appropriate in sections, shall carry out the operations for the counting of the votes by correspondence in open session and in the presence of deputy returning officers appointed by the Chairman of the Commission and the candidates or agents of the lists in the presence.
" On the day of the count, as many ballot boxes as there are sub-categories are in place.
" The Commission shall verify that the number of the delivery envelopes corresponds to the number of the summary statement referred to in Article 25 of this Decree. If a difference is found, reference shall be made to the minutes initialled by each member of the
. The commission shall open the voting envelopes.
" The chairman or a member of the committee appointed by him within a section shall verify that the vote issued corresponds to the category and sub-category to which the voter belongs and, if not, rules out the vote on the count.
" The President, or a member of the committee appointed by him within a section, shall note the vote of each voter by affixing his or her signature, possibly with the assistance of electronic means, in front of the name of the elector, on the copy of the List of electors which constitutes the list of electors, in the conditions of security and authentication and in accordance with the terms defined by order of the Minister responsible for the guardianship of the chambers of commerce and of industry taken after notice of the National Commission on Informatics and Liberties.
" A member of the committee then inserts each ballot into the corresponding ballot box.
" The enumeration of votes shall be carried out in the forms described in the second and third paragraphs of Article L. 65 of the Election Code and in accordance with the rules laid down in Article L. 66 of the same
. The Commission shall sum up the number of votes obtained by each candidate of each category or sub-category and shall allocate the seats in accordance with Article L. 713-16 of the Commercial
. Any bulletin submitted in a form other than that which has been validated by the Commission shall be deemed to be invalid, any bulletin having a number of names higher than the number of seats to be filled in the category, the occupational sub-category or The delegation and any ballot marred by one of the irregularities referred to in Article L. 66 of the Election Code.
is considered to be invalid for a person who is not a candidate.
" The ballots and the voided envelopes shall be kept, initialled by the members of the committee and annexed to the minutes under the conditions laid down in Articles L. 66 and R. 68 of the Election
. All manual counting operations provided for in this Article may be carried out with the assistance of electronic means, under conditions fixed by order of the Minister responsible for the guardianship of chambers of commerce and industry After advice from the National Computer and Liberties Commission.
"Section 5
" From Electronic Voting
" Article 27. -The Committee on the Organising of Elections shall, at the same time as the documents provided for in Article 21, provide to all electors a circular on how to access the electronic voting system to which the voter must relate Voting as well as, in a manner that guarantees their confidentiality, the instruments allowing the expression of the vote
These instruments permit the authentication of the elector and the verification of the uniqueness of his or her vote according to security requirements and the modalities defined by the order of the Minister responsible for the guardianship of the chambers of commerce and industry After advice from the National Commission on Informatics and Liberties.
" Art. 28. -To vote electronically, the voter, after having connected to the Internet site or any other network accessible to all electors, identifies himself, expresses his or her vote and validates it using the authentication instruments assigned to him. It verifies the secure registration of its vote by the electronic voting system. The transmission of the vote and the voter information must be subject to a certain date of receipt and an electronic acknowledgement.
" Article 29. -The data relating to the electors on the lists of electors, as well as those relating to the expression of their vote, shall be subject, in accordance with the technical arrangements laid down by the Minister responsible for the guardianship of the chambers of commerce and Industry taken after the opinion of the National Commission on Informatics and Liberties, of automated processing of information carried out on separate, dedicated and isolated computer systems, respectively referred to as the " voters file and "Electronic urn content.
" The processing of "voters' files" is based on the lists of electors prepared by the Election List Commission. This treatment enables the Committee on the Organising of Elections, to send to each voter the authentication instruments referred to in Article 27 of this Decree, to identify the electors who took part in the electronic voting and to edit the Neat list. The vote indicates the voting time. The mailing lists must be recorded on a separate media from that of the electronic, sealed, non-rewritable, and non-rewritable content.
" The file named " contents of the electronic ballot box shall record the votes cast electronically. The data in this file is encrypted and must not contain any link for identifying electors.
" Article 30. -On the day of the counting of the votes, the chairman of the organising committee shall print the list of votes from the processing " file of the voters. This list is the mailing list for postal voting.
" The chairman of the commission and one of the assessors shall each receive a separate counting key, in a manner that guarantees confidentiality, allowing access to the data in the file called " contents of the electronic ballot box. The President also receives the elements for verifying the integrity of the electronic voting system.
" After the closure of the voting operations and verification of the integrity of the file named " contents of the electronic ballot box, the Chairman of the Election Organising Committee and the assessor referred to in the preceding paragraph shall proceed publicly to the Count.
" The decounts of votes by candidate must appear legibly on the screen and be the subject of a secure edition in order to be recorded in the minutes of the election
The electronic voting system shall be locked after the counting of the votes so that it is impossible to resume or modify the result after the conclusion of the counting of the votes taken by the
. The Electoral Organising Committee shall monitor that the total number of votes cast electronically corresponds to the number of voters on the mailing list.
" The total number of votes cast electronically and the number of votes obtained by each candidate shall be recorded in the
. Article 31. -Until the expiry of the time-limits for litigation, the media files comprising the copy of the source and executable programs, the voting materials, the files of the information, the results and the safeguard must be Kept under seal under the control of the organising committee for the elections. The procedure for counting recorded votes must, if necessary, be executed again.
" At the end of the appeal period, and if no action has been taken, the destruction of the media files shall be carried out under the control of the organising committee
the elections. Article 32. -The arrangements for the application of this section and the expertise of the voting system shall be fixed by order of the Minister responsible for the guardianship of the chambers of commerce and industry after the opinion of the National Commission on Informatics and Freedoms.
"Section 6
" From the proclamation of election results and litigation to the
members of the chambers of commerce and industry
" S. 33. -At the end of the count, the electoral organising committee shall draw up a record signed by its president and members and proclaim the results of the elections in public
This proclamation must be made no later than forty-eight hours after the beginning of the
. The minutes shall be forwarded to the Prefect, who shall send a copy to the Minister responsible for the guardianship of the Chambers of Commerce and Industry and the Chamber of Commerce and
. The mailing lists are sent to the prefect. They may be consulted in the prefecture under the conditions laid down in Article L. 68 of the Election
. Article 34. -The actions for annulment of the elections to the chambers of commerce and industry may be brought by any elector and by the prefect in accordance with the conditions laid down in Articles L. 248, R. 119, R. 120, R. 121 and R. 122 of the Election
. However, the five-day period provided for in the first paragraph of Article R. 119 of this Code shall be counted from the declaration of the results
The appeal shall be lodged within one month before the Administrative Court of Appeal under the conditions laid down in Articles R. 811-1 to R. 811-4 of the Administrative Justice Code. It is considered an urgent matter.
" Elected members remain in office until final decision on claims has been made.
" Article 35. -In the case of partial or total cancellation of the elections of the members of a Chamber of Commerce and Industry, and unless the cancellation is made less than one year before a general renewal, it shall be carried out, within the period of two Month, to a new election to fill vacancies.
" In the case provided for in the preceding paragraph as well as in the cases provided for in the I and II of Article L. 713-5 of the Commercial Code, the Prefect shall establish the dates and times of the various electoral
. Article 36. -Where the dates set out in this Chapter or the last day of the time limits are laid down on a holiday or on a Saturday, they shall be carried over until the first working day following. The same applies to the application of the order provided for in the second subparagraph of Article 35.
" Art. 37. -For the purposes of applying the provisions of this Title, where the constituency of a Chamber of Commerce and Industry comprises several departments, the competent prefect shall be that of the department where the seat of the Chamber is situated. It takes the view of the prefects of the other departments of the electoral district. "
Title II of the decree of 18 July 1991 is amended as follows:
1 ° Sections 41, 42, 43, 44 and 45 respectively become sections 38, 39, 40, 41 and 42;
2 ° Section 38 reads as follows:
" Article 38. -The districts of the regional chambers of commerce and industry, whose seat is fixed by order of the Minister responsible for trade and the minister responsible for industry, correspond to those of the administrative
. However, the district of the regional chamber of commerce and industry of Limousin-Poitou-Charentes corresponds to those of the chambers of commerce and industry of Angoulême, Brive, Cognac, Guéret, La Rochelle, Limoges, Niort, Poitiers, Rochefort and Tulle. The district of the regional Chamber of Commerce and Industry of Provence-Alpes-Côte d' Azur-Corse corresponds to those of the chambers of commerce and industry of Ajaccio, Arles, Avignon, Bastia, Digne, Gap, Marseille, Nice and Toulon
The electoral districts defined in the first and second subparagraphs of this Article may be amended by decree in the Council of State. "
3 ° Article 39 is thus amended:
-the second sentence of the sixth paragraph reads as follows:" In this case, the number of seats shall be decided by the regional prefect, after the opinion of the Regional Chamber of Commerce and Industry." ;
-a ninth paragraph is added as follows: " If half of the seats become vacant, the office is re-elected in its entirety. "
4 ° Article 42 is thus amended:
-in the first paragraph, the word:" Triennial " Is replaced by the word: " Five-year " ;
-the third paragraph reads as follows: " Such designations shall be brought to the attention of the regional prefect who, within nine weeks after polling day provided for in Article 23 of this Decree, shall install the new members of the Regional Chamber of Commerce and Industry. "
In Title III of the aforementioned decree of 18 July 1991, Article 46 is repealed and Article 47 becomes Article 43.
Title IV of the decree of 18 July 1991 is amended as follows:
1 ° Sections 48, 49, 50, 51 and 52 respectively become sections 44, 45, 46, 47 and 48, and sections 53 to 57 become sections 50 to 54.
2 ° In the last paragraph of section 45, the word " Triennial " Is deleted.
3 ° Section 46 is modified as follows:
-in the first paragraph, the words: " The minister responsible for the administrative supervision of chambers of commerce and industry " Are replaced by the words: " Prefect " ;
-in the second paragraph, the word: " Three " Is replaced by the word: " 2 ".
4 ° In the last paragraph of Article 47, the word" Functions " Is replaced by the word: " Allotments ".
5 ° An item 49 has been added as follows:
" Art. 49. -The outgoing members sit until their successors are installed.
" However, from the day of the election and until the installation of the new members, the House can only meet to ship the current affairs. "
6 ° 3 ° of article 53, the words:" It has authority over accounting services " Are replaced by the words: " It is assisted as required by the accounting services'.
7 ° The second paragraph of Article 54 reads as follows: ' However, this free payment shall not preclude the award, if any, of allowances or reimbursements of expenses, of which the list and the amount are fixed by order of the Minister responsible for the guardianship of the Chambers of Commerce and Industry. "
Title V of the decree of 18 July 1991 is thus amended:
1 ° The title of Title V becomes: Miscellaneous and final provisions ".
2 ° Article 58 becomes Article 55 and reads as follows:
" Article 55. -The provisions of Decree No. 61-923 of 3 August 1961 referred to in Decree No. 83-473 of 9 June 1983 on the composition, organisation and election of members of the Chamber of Agriculture, Trade, Industry and Trades Saint-Pierre-et-Miquelon remains applicable to this institution. In addition, it is applicable to Articles 51 to 54 of this Decree. "
3 ° Section 59 is renumbered as section 56 and reads as follows:
" Article 56. -For natural persons carrying on commercial fishing activity referred to in Article 14 of Act No. 97-1051 of 18 November 1997 as amended, the two-year length of service provided for in Article L. 713-4 of the Commercial Code shall begin to run Of the date on which the person concerned exploited his first ship. "
4 ° Articles 60, 61 and 62 respectively become Articles 57, 60 and 61.
In article 2 of the law of 24 May 1951, the words: " The authorisations provided for in Articles 14 and 22 of the Law of 9 April 1898 " Are replaced by the words: " The authorisation provided for in Article L. 711-6 of the Commercial Code ".
In Article 3 of the aforementioned decree of 28 September 1938, the words: " Elected for three years " Are replaced by the words: " Elected for five years ".
In Article 1 of the Decree of 4 December 1964, the words: Territorial Overseas Territories and Communities " Are replaced by the words: " Overseas communities referred to in Article 74 of the Constitution and New Caledonia ".
In the first paragraph of Article 4 of the Decree of 4 December 1964 Above, the word: " Triennial " Is replaced by the word: " Five-year ".
By way of derogation from the provisions of Article 3 above, for elections to chambers of commerce and industry organised in 2004, the prefectural order determining the number of members and the composition of the Chamber shall be taken no later than 15 days after the publication of this Decree.
By way of derogation from the provisions of Article 45 of the Decree of 18 July 1991, the Rules of Procedure of the Chambers of Commerce and Industry shall be brought into conformity with the provisions of this Decree no later than three Months after publication.
In the table relating to Decree No. 91-739 of 18 July 1991, as set out in the Annex to Decree No. 97-1194 of 19 December 1997, the reference to Article 50 and the approval decision for the internal regulations of the Cross-consular groups is deleted.
Done at Paris, 21 June 2004.
Jean-Pierre Raffarin
By the Prime Minister:
Industry Minister,
Patrick Devedjian
Minister of State, Minister of Economy,
Finance and Industry,
Nicolas Sarkozy
The Minister of Inside,
of Internal Security
and Local Freedoms,
Dominique de Villepin
The Seals Guard, Minister of Justice,
Dominique Perben
The Minister for Overseas,
Brigitte Girardin
Associate Minister
aux Small and medium-sized enterprises,
for business, crafts,
to the liberal professions
and consumption,
Christian Jacob
