Key Benefits:
Minister of State, Minister of Ecology, Development and Sustainable Development, and Minister of Economy, Finance and Employment,
Vu le Decree No. 90-200 of 5 March 1990 amended on the exercise of the profession of transport commissioner, including Article 7;
Vu le Decree No. 99-752 of 30 August 1999 amended on road transport of goods, including Article 3;
Having regard to the decision of September 3, 1999 on the financial capacity required for transport commissioners, as amended byDecree of 28 December 2001 ;
See?18 November 1999 relative to the financial capacity required for public freight carriers and industrial vehicle rental companies with driver for the carriage of goods, modified by theDecree of 28 December 2001 ;
In view of the 14 December 2006 decision on road transport of goods insured by motorized vehicles of less than four wheels, taken under theArticle 24 of Act No. 2006-10 of 5 January 2006 concerning transport security and development, including article 1,
Stop:
The above-mentioned decision of September 3, 1999 is amended:
I.-The first paragraph of section 1 is replaced by the following two paragraphs:
The condition of financial capacity definedarticle 7 of the decree of 5 March 1990 referred to above must be satisfied at all times of business activity.
It is filled when the transportation commissioner has equity or bank bonds in a total amount not less than €22,800. »
II.-Article 2 is deleted. Article 3 becomes Article 2.
III.-After Article 2, the following Article 3 is inserted:
Art. 3.-When applying for registration in the transport commissioners' register, the company sets out its financial capacity statement using the calculation form inserted in the CERFA form No. 12724.
This form is signed by the company's legal representative as well as by the accounting expert, the auditor or the approved management centre. Where applicable, it shall be accompanied by the certificate(s) issued by the authorized body(s) granting their guarantees, according to the model inserted in the general explanatory notice CERFA No. 50666.
Each year, within three months of the closing of the accounting year, the company shall address to the regional management of the equipment that keeps the register of the transport commissioners in which it is registered the calculation sheet of the financial capacity condition, according to the CERFA Form No. 11415, accompanied, if any, of the guarantee certificate(s), as set out in the general explanatory notice indicated in the preceding paragraph.
The information on this statement is certified by the Accountant, the Registered Management Centre or the Business Accounts Commissioner.
The company's legal officer certifies in the CERFA form No. 11415 that the items deferred in the calculation form are covered by one of these persons or by that body.
Upon written request from the regional management of the above-mentioned equipment, the company shall communicate the duly referred calculation form. Similarly, it communicates the tax burdens (balances, results and annexes) of the last three fiscal years.
For the verification of the elements indicated in the calculation sheet, the company shall make available to the State officials responsible for the control the necessary supporting accounting elements. »
IV.-Article 4 is thus written:
Art. 4.-The forms and notice CERFA referred to in this Order are available from the regional branches of equipment and on the Ministry of Transport website at the following address: www. transport. All right. gouv.
CERFA forms can be transmitted to the regional branches of equipment in paper or electronic form, via the internet. »
V.-A Article 7, the words: provided for in Article 4 above" are replaced by the words: provided for in Article 3 above".
The above-mentioned decision of 18 November 1999 is thus amended:
I. - In the first paragraph of Article 2, the words: " CERFA form no. 11411" are replaced by the words: " CERFA form no. 12724".
II. - After the third paragraph of Article 2, the following paragraphs are inserted:
"The information on this statement is certified by the Accountant, the Registered Management Centre or the Business Accounts Commissioner.
The legal person responsible for the company certifies in the CERFA Form No. 11415 that the items deferred in the calculation form and in the declaration relating to subcontracted transactions are covered by one of these persons or by that body.
Upon written request from the regional management of the equipment referred to above, the company shall communicate the calculation form and the appropriate declaration. »
III. - The third paragraph of Article 3 is as follows:
"Vehicles taken into account in determining the amount of the financial capacity required are motorized vehicles for the carriage of goods that are owned in full ownership, are subject to lease agreements or are leased with or without driver and, apart from these, those of less than four wheels that the company uses for its operation. »
IV. - After Article 7, the following Article 7-1 is inserted:
"Art. 7-1. - The forms and notice CERFA mentioned in this Order are available from the regional branches of equipment and on the Ministry of Transport website at the following address: www.transports.equipement.gouv.fr.
CERFA forms can be transmitted to the regional branches of equipment in paper or electronic form, via the internet. »
The Director of Maritime, Road and River Transport is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, December 7, 2007.
Minister of State, Minister of Ecology,
sustainable development and development,
For the Minister and by delegation:
The Director of Maritime Transport,
road and rivers,
J.-P. Ourliac
Minister of Economy,
finance and employment,
For the Minister and by delegation:
By preventing the Director General
competition, consumption
and the suppression of fraud:
The chief of duty,
F. Amand