Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Economy, Finance and Industry,
Considering the Civil Code, including articles 2044 and 2045;
Considering the general code of territorial authorities;
Considering the code of craftsmanship;
Having regard to Act No. 75-678 of 29 July 1975 deleting the patent and establishing a professional tax, including its article 13-III;
In view of the amended Decree No. 64-1362 of 30 December 1964 on the Chambers of Crafts;
Having regard to amended Decree No. 68-47 of 13 January 1968 on the election of members of the boards of trades and amending various provisions concerning the operation of these companies, including Article 31;
Having regard to Decree No. 98-247 of 2 April 1998 on professional qualification and the register of trades;
In view of Decree No. 2004-896 of 27 August 2004 amending Decree No. 99-433 of 27 May 1999 on the composition of the Chambers of Crafts and their election;
The State Council (Finance Section) heard,
Decrete:
Article 6 of the Craft Code is amended as follows:
1° The first paragraph is replaced by two subparagraphs as follows:
"The chambers of trades take the name of "chambres de métiers et de l'artisanat. In all regulatory provisions, the words: "chambres de métiers are replaced by the words: "chambres de métiers et de l'artisanat et les mots: "chambre de métiers are replaced by the words: "chambre de métiers et de l'artisanat.
They are instituted by decree taken on the report of the ministers responsible for crafts, labour, employment, vocational training, national education and, if necessary, the minister responsible for overseas. »
2° The second paragraph is supplemented by the words "of the State".
3° The third paragraph is replaced by the following:
"It can not be created more than a room of crafts and crafts by department. A chamber of crafts and crafts can be divided into as many sections as it deems it useful. »
4° The fourth preambular paragraph is replaced by the following:
"The transfer of the seat of a Chamber of Crafts and Crafts is authorized by a prefect's order. »
Section 15 of the same code is replaced by the following provisions:
“Art. 15. - They are declared to be resigned by the Prefect, after the advice of the General Assembly of the Chamber of Crafts and Crafts, the members who cease during their tenure to meet the conditions of eligibility set out in Article 5 of Decree No. 2004-896 of 27 August 2004 amending Decree No. 99-433 of 27 May 1999 concerning the composition of the chambers of professions and their election and those who no longer belong to the College »
Section 17 of the same code is replaced by the following provisions:
“Art. 17. - The Chambers of Crafts and Crafts may be removed by order, taken on the report of the Minister for Crafts, the Minister for Labour, Employment, Vocational Training, the Minister for National Education and, where applicable, the Minister for Overseas.
The general assembly of a chamber of crafts and crafts can be dissolved by decree taken on the report of the minister responsible for crafts.
In the event of dissolution, a commission composed of three to nine craftsmen appointed by decree of the prefect temporarily administers the chamber of trades and craftsmen pending new elections. Elections for the replacement of members of a dissolved general assembly must be held within four months of the publication of the decree of dissolution. However, if a special revision of the lists of electors has been prescribed as a result of the dissolution, the deadline is short from the day on which the revision of the lists of electors ended.
If this dissolution occurs in the twelve months preceding the general renewal, no election is made. »
Section 18 of the same code is replaced by the following provisions:
“Art. 18. - The functions of the members of the Chambers of Crafts and Crafts are free of charge. However, may be provided for the award of duties allowances for the Chair and Bureau members, for other members, and for travel and representation costs. Their terms and conditions of attribution are fixed by order of the minister responsible for crafts.
Members associated with the Chambers of Crafts and Crafts referred to in Article 21 may be reimbursed for their travel expenses. The terms and conditions for the award of these costs are determined by order of the Minister for Crafts. »
Section 19 of the same code is replaced by the following provisions:
“Art. 19. - I. - The installation of the General Assembly of the Chambers of Crafts and Crafts shall take place no later than thirty days after the proclamation of the results of the elections, on the convocation of the outgoing president or, failing that, of the prefect.
During this session, the members of the office were elected.
The General Assembly of the Chambers of Crafts and Crafts shall designate among their members in office an office composed of a president, not more than three vice-presidents, a treasurer, an assistant treasurer, a secretary and one or more assistant secretaries.
II. - The officers shall be elected by secret ballot and by a separate ballot for each post. The election takes place by an absolute majority of the votes cast in the first two rounds and by a relative majority in the third.
The office meets at least every two months on the convocation of its president.
The office is elected after each general renewal of the Chamber of Crafts and Crafts. Outgoing members are eligible for re-election. They remain in office until the date of installation of the declared elected members. From the date of the elections, the outgoing office can only carry out provisional and urgent acts.
When the office is no longer in a position to perform its duties normally under the operating rules of the board's rules of procedure, the prefect may, by reasoned order, proceed to disband it. An extraordinary general assembly is convened by the prefect to renew the office within fifteen days of this decision.
III. - The duties of an expenditure officer shall be exercised by the President who may, with the approval of the office, delegate them to a Vice-President. The accounting functions are performed by the treasurer who, with the approval of the office, can delegate them to the assistant treasurer. The conditions under which the President and the Treasurer may delegate their signature to the Secretary General or, on his proposal, to other permanent officers of the Chamber shall be determined by the rules of procedure provided for in Article 8 bis of the Decree of 30 December 1964.
In the event of the President's incapacity and, in the absence of the pre-sessional delegation, the duties of the Coordinator shall be exercised by a Vice-Chair in the order of the table. In the event of the treasury's incapacity and in the absence of a prior delegation, the duties of accountant are performed by the deputy treasurer. If the treasurer and the deputy treasurer are prevented, an extraordinary general assembly is convened by the president, the first vice-president or, if not, by the prefect to elect their replacements.
IV. - The resignation of the president, members of the office and other members of the room is addressed to the prefect by registered letter with acknowledgement of receipt or any other means to certify the receipt by the addressee.
The members of the office who abstained, without legitimate reason, from attending three consecutive sessions to which they were regularly summoned are declared resigning from the office by the prefect, after the advice of the General Assembly of the Chamber.
The prefect may, in the event of serious misconduct in the performance of the duties and by reasoned order taken after the person concerned has been able to make his or her observations, suspend or terminate the functions of a member of the board, a member of the office or the chair.
In the event of a voluntary or ex officio death or resignation of a member of the office, he or she shall be replaced at the first meeting of the General Assembly of the room following the vacancy. In the event of an emergency, an extraordinary general assembly may be convened by its president, its first vice-president or, if not, by the prefect within one month to elect the replacement. »
It is created an article 19 bis of the same code as follows:
"Art. 19 bis. - Subject to the provisions of the statute of the staff of the Chambers of Crafts and Crafts established under Act No. 52-1311 of 10 December 1952, the President may enter into transactions, after being authorized for each case, by deliberation of the General Assembly of the Chamber of Crafts or, in the event of an emergency, after authorization of the office. The proposed transaction is subject to the approval of the prefect beyond a threshold set by the minister responsible for crafts. It is deemed to be approved if a contrary, motivated decision of the prefect has not been notified to the President within 30 days of receipt. »
Section 20 of the same code is replaced by the following provisions:
"Art. 20. - The Chambers of Crafts and Crafts meet in a general assembly at least twice a year on the convocation of the chair of the chamber or, if not, of the prefect. However, on the proposal of the office or at the request of a third of the members, they are convened for an extraordinary general assembly by the President or, in the event of a refusal of the President, by the prefect.
Members of the General Assembly are informed at least eight days before the date of the meeting. The summons, addressed to the domicile of the persons concerned, indicates the agenda of the meeting.
Participate in the sessions of the General Assembly of the Chamber of Trades and Crafts with advisory voice:
Ministers responsible for crafts, national education, work, employment, vocational training and the minister responsible for overseas, for overseas crafts and crafts;
The prefect, who is assisted by officials from the relevant administrations.
The General Assembly may deliberate only if the quorum of the members present at the beginning of the session exceeds half of the number of members in office. If the quorum is not reached, in the following month, a second general meeting shall be convened at least eight days before the date of its meeting and with the same agenda. This general meeting is valid if the number of members present reaches one third of the number of members in office.
Decisions shall be taken by an absolute majority of the members present. In the event of a vote-sharing, the president's vote is preponderant.
The outgoing members sit until their successors are installed. However, from the day of the election and until the date of the installation of the new members, the board can only meet to carry out conservative and urgent acts. The board may not amend the rules of procedure or make any decisions regarding staff during that period.
Members who abstained from going to two successive general assemblies without legitimate reason are declared to be resigned by the Prefect after deliberation of the General Assembly of the Chamber. »
Section 21 of the same code is replaced by the following provisions:
“Art. 21. - At each general renewal of the rooms, associate members may be appointed by the General Assembly of the Chamber of Crafts and Crafts, after consultation with professional organizations representative of the sector of the professions of the department. Associate members advise and assist nationals of the Chamber of Trade and Crafts in the relevant sectors of activity or geographical areas.
The associate members meet the eligibility requirements set out in Article 5 of Decree No. 2004-896 of 27 August 2004 amending Decree No. 99-433 of 27 May 1999 on the composition of the Chambers of Crafts and their election.
The rules of procedure set out a number of associate members limited to a maximum of half the number of elected members, except as authorized by the prefect, and their method of designation. It specifies their missions and the modalities of their participation in the deliberations of the General Assembly with an advisory vote. »
Section 23 of the same code is replaced by the following provisions:
“Art. 23. - The Chambers of Crafts and Crafts are responsible for:
1° To keep the repertoire of trades;
2° To recognize the quality of craftsman and craftsman and to award the titles of master craftsman;
3° Organize learning in the field of trades;
4° To promote the professional promotion of business leaders and employees in this sector;
5° Within the framework of the land use policy and in accordance with the plan guidelines to contribute, where appropriate, to the expansion of the trade sector and to the maintenance or expansion of opportunities, including through the organization of exhibitions;
6° Improve business profitability, quality of products and services, production and marketing techniques and methods by promoting collaboration between companies and the creation of common services;
7° To create works of mutual assistance and assistance or to contribute to the operation of such works;
8° To conduct any relevant studies relevant to the business sector and to issue wishes or opinions on matters within their competence;
9° To participate in the prevention and treatment of the difficulties of artisanal enterprises, in conjunction with the State financial services, the organizations for the collection of social contributions and all legal, public or private persons concerned.
These powers are exercised, in accordance with the regulations specific to each subject, under the control of the Minister responsible for crafts, and also, for matters within his jurisdiction, by the Minister of National Education.
Chambers of trades and crafts can also lend their assistance to professional organizations in the field of trades.
The Chambers of Crafts and Crafts may be authorized by the prefect of the department in which their headquarters are located in areas falling within their competence to:
1° Membership in joint unions established pursuant to articles L. 5721-1 and following of the general code of territorial authorities;
2° Participate in mixed economy societies and, under the conditions laid down in Act No. 43-612 of 17 November 1943 on the management of professional interests, professional societies or professional institutions;
3° Write shares or shares of companies that register in their specialty domain. »
In section 25 of the same code, the words: "Articles 1603, 1604 and 1934 of the General Tax Code" are replaced by the words: "Article 1601 of the General Tax Code".
Section 26 of the same code is replaced by the following provisions:
“Art. 26. - I. The rooms of crafts and crafts can receive:
1. Public and private subsidies;
2. Donations and bequests.
II. - Chambers of trades and crafts can also collect royalties, in accordance with the rules of competition, for services provided to artisanal enterprises. The amount of these royalties is determined by taking into account the personal and special interest that the artisan company withdraws and within the limits of the charges set out under this service. The Chamber of Trades and Crafts determines the prices of these royalties, which are the subject of information to nationals.
The amount of each fee, the terms and conditions of its collection and the corresponding income are annexed to the budget and the accounts of the board. No other fee may be collected by the board from the date of approval of its budget. »
Article 29 of Decree No. 98-247 of 2 April 1998 on artisanal qualification and trade repertoire is repealed.
Article 7 bis of the aforementioned Decree of 30 December 1964 is replaced by the following provisions:
"Art. 7 bis. - It is held by each Chamber of Trades and Crafts a special register on which the deliberations of the General Assembly are recorded in order of date. This register is signed by all members present at the meeting or mention is made of the cause of their impediment.
A summary of each session of the General Assembly is drawn up. A copy of the transcript is sent to the Minister for Crafts and the Prefect in the fortnight. The minister responsible for overseas is also recipient of a copy of the record of each session of the chambers of trades and overseas crafts. »
Article 8 bis of the same decree is replaced by the following provisions:
"Art. 8 bis. - The Chambers of Crafts and Crafts adopt, on the proposal of the office, their rules of procedure and its annex, which are transmitted for approval to the Prefect.
The rules of procedure include the establishment of the following four commissions, which set out the rules of organisation and operation:
The Finance Committee, responsible for, inter alia, the review of accounting and financial documents prepared by the President and the members of the office as well as the audit and audit of the accounts prepared by the treasurer;
The Economic Development Commission, in particular with regard to business support issues in the different phases of their development;
The Professional Training Commission, responsible for the study of all learning and professional development issues;
The tender board, responsible for the review of markets. The rules of procedure may provide for the review by this contract commission of less than the thresholds established by the public procurement code.
Committee members are appointed by the General Assembly.
The president and treasurer of the Chamber of Crafts and Crafts cannot be part of the Finance Committee. The president of the Chamber of Crafts and Crafts is a member of the law of all other commissions and can chair them.
The rules of procedure include a specific chapter on the organization of the services of the Chamber of Crafts and Crafts. An annex to the rules of procedure sets out the grid of jobs in the Chamber of Crafts and Crafts and determines the number, nature and basic index of permanent employment.
The Board also develops a regulation on the operation of its services. This regulation is transmitted to the Prefect for information.
The services of the Chamber of Crafts and Crafts are headed by a secretary general appointed by the president, after agreement of the office, and placed under his authority. The rules of procedure shall include the corresponding employment, which shall be provided on an ongoing basis under the conditions provided for in the statute of the staff of the Chambers of Crafts and Crafts established pursuant to Act No. 52-1311 of 10 December 1952.
In the event of a vacancy, if the replacement cannot be immediate, an agent is appointed on an interim basis by the president of the Chamber of Crafts. The appointment of the Secretary-General must be made within one year of the vacancy. »
Article 10 of the same decree is replaced by the following provisions:
“Art. 10. - The budget and accounts of the Chambers of Crafts and Crafts are established in the forms prescribed by the Minister for Crafts and the Minister for Budget.
They must disclose in separate sections expenditures and regular revenues and those that, by their nature, are not likely to reproduce each year.
The budget is voted by the General Assembly of the Chamber of Crafts and Crafts before December 1 of each year. It is enforceable only after the prefect's express approval, which transmits a copy to the minister responsible for crafts.
When the prefect sees the lack of the Chamber of Crafts and Crafts, he shall:
1° The office establishment of the room budget;
2° Registration to the budget of the obligatory expenses chamber;
3° Ordering and ex officio mandate of mandatory expenses.
Each year, during its first ordinary general meeting, the Chamber of Trades and Crafts adopts the management account for the previous year.
In the first six months of each year, the president of the Chamber of Crafts and Crafts shall address to the prefect, for final approval, the management account of the previous year, accompanied by the accounting documents and, where applicable, the dampening chart of borrowings contracted by the Chamber of Crafts.
When the Trades and Crafts Board directly manages an apprenticeship training centre, it presents separately the budget and accounts of this service, the budget and service management accounts of the chamber outside the apprenticeship training centre, and the budget and accounts for all services. »
Article 12 of the same decree is replaced by the following provisions:
“Art. 12. - Chambers of crafts and crafts can be agreed to organize one or more common services. The terms and conditions for the management and financing of these services are mutually agreed. »
Articles 6, 7, 8, 9 and 11 of the same decree are repealed.
Article 31 of amended Decree No. 68-47 of 13 January 1968 is replaced by the following provisions:
“Art. 31. - Chambers of trades and crafts may be allowed to borrow to support or contribute to the expenses necessary for the exercise of their responsibilities, excluding their ordinary expenses. These loans are authorized by order of the department prefect. A credit equal to amortization annuity must be included annually in the budget of the Chamber of Crafts and Crafts.
These borrowings can be contracted by the Chambers of Trades and Crafts as well as by the companies and professional establishments created by them in accordance with the above-mentioned law of November 17, 1943, particularly with the Central Co-operative Credit Fund.
The opening of a cash line by the rooms may be authorized, on an exceptional basis, by order of the prefect to meet temporary cash requirements.
An order of the minister responsible for crafts sets the thresholds below which the prefect's authorization to contract a loan and open a cash line is not required. »
The Minister of State, Minister of Economy, Finance and Industry, the Minister of National Education, Higher Education and Research, the Minister of Interior, Internal Security and Local Freedoms, the Minister of Employment, Labour and Social Cohesion, the Minister of Justice, the Minister of Small and Medium Enterprises, the Minister of Employment, Labour and Social Cohesion, the Minister of Justice, the Minister of Small and Medium Enterprises, the Minister of Commerce, the Professionals
Done in Paris, November 2, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
Minister Delegate
small and medium-sized enterprises,
trade, crafts,
liberal professions
and consumption,
Christian Jacob
Minister of State, Minister of Economy,
finance and industry,
Nicolas Sarkozy
Minister of National Education,
higher education
and research,
François Fillon
The Minister of the Interior,
of Internal Security
and local freedoms,
Dominique de Villepin
Minister of Employment, Labour
and social cohesion,
Jean-Louis Borloo
The Seal Guard, Minister of Justice,
Dominica Perben
Secretary of State in the budget
and budgetary reform,
Dominic Bussereau
