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Report To The President Of The Republic On July 11, 2008 No. 2008-697 Ordinance Applying To Saint Pierre And Miquelon Of Act No. 2005-882 Of 2 August 2005 In Favour Of Small And Medium-Sized Enterprises And Reforming L...

Original Language Title: Rapport au Président de la République relatif à l'ordonnance n° 2008-697 du 11 juillet 2008 relative à l'application à Saint-Pierre-et-Miquelon de la loi n° 2005-882 du 2 août 2005 en faveur des petites et moyennes entreprises et réformant l...

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JORF n°0164 of 16 July 2008 page 11338
text No. 16



Report to the President of the Republic on Order No. 2008-697 of 11 July 2008 on the application in Saint-Pierre-et-Miquelon of Act No. 2005-882 of 2 August 2005 in favour of small and medium-sized enterprises and reforming the interprofessional chamber of Saint-Pierre-et-Miquelon

NOR: IOCX0811847P ELI: https://www.legifrance.gouv.fr/eli/rapport/2008/7/16/IOCX0811847P/jo/texte



Mr. President,
TheArticle 102 of Act No. 2005-882 of 2 August 2005 In favour of small and medium-sized enterprises, the Government was empowered to make an order adapting this law to Saint-Pierre-et-Miquelon by 31 August 2006. This exception to the legislative regime of Saint-Pierre-et-Miquelon (application since October 1977 of texts enacted in metropolis, excluding, from the statute provided for by the Act No. 85-595 of 11 June 1985 related to this archipelago, provisions in a few sectors including urban planning and taxation) were intended to avoid the direct application to the archipelago of provisions requiring adaptations, particularly in the area of labour law and trade law.
As the order so provided could not be published within the time limit, a new authorization was granted to the Government by theArticle 19 (I, 15°, a) of Law No. 2007-224 of 21 February 2007 bringing statutory and institutional arrangements for the overseas to publish, by 31 August 2008, an order to adapt the law of 2 August 2005 referred to above. In addition, this same article 19 has authorized (by its I, 15°, c) the Government to take, within the same time, an order reforming the organization and operation of the Chamber of Agriculture, Commerce, Industry and Trades of Saint-Pierre-et-Miquelon, governed by a Order No. 77-1106 of 26 September 1977 extending and adapting to the territorial community of Saint-Pierre-et-Miquelon various legislation relating to the industrial, agricultural and commercial domain (and a decree of 9 June 1983).
Since its publication, on 3 August 2005, the scope of adaptation of the Act of 2 August 2005 was amended. Its article 69, which supplemented Article 70 of the State domain code, was maintained in force as a regulatory text by theOrder No. 2006-460 of 21 April 2006 which created the legislative part of the general code of ownership of public persons (which replaced the code of the domain of the State), until the publication of the regulatory part of this code.
In addition, the provisions of the Act (ninety-eight articles or parts of articles) that amended the Labour Code are no longer necessary to be adapted by the order attached to this report, provided that Order No. 2007-329 of 12 March 2007 created the legislative part of a new Labour Code, which contains in each of its parts a book relating to the adaptations applicable to the overseas title, in which the French Departments this new Labour Code came into force on May 1, 2008.
Organic Act No. 2007-223 of 21 February 2007 on statutory and institutional arrangements relating to overseas has created, within the general code of territorial authorities, a new sixth part, whose book IV concerns Saint-Pierre-et-Miquelon. Article LO 6414-1 of this code has taken over the list of areas beyond the jurisdiction of the State in Saint-Pierre-et-Miquelon and within the competence of the community; This list, in particular, maintains the jurisdiction of the local authority of Saint-Pierre-et-Miquelon in the area of taxation (or the law of August 2, 2005 modified the general code of taxes by twelve articles or parts of articles) and urban planning (the law of 2005 modified the code of urban planning by a part of its article 58). So that the adaptation of the law of 2 August 2005 cannot relate to articles that, for the metropolis and overseas departments, modify the general code of taxes and the code of urban planning.
Finally, Act No. 2007-224 of 21 February 2007 having statutory and institutional arrangements for the overseas has inserted, in the Act No. 71-1130 of 31 December 1971 reforming certain legal and judicial professions, an article 81-II that specifies the provisions of this Act of 1971 that are not applicable to Saint-Pierre-et-Miquelon or are subject to adaptation.
The Act of 2 August 2005 amended by four articles or parts of articles several provisions of the Social Security Code. Because of the particularities of Saint-Pierre-et-Miquelon in this area, it was considered preferable not to proceed by way of the order attached to this report to the modification of the regime in force in Saint-Pierre-et-Miquelon and to return, if applicable, this operation to another broader legislative text of ambition in respect of social protection for the populations of Saint-Pierre-et-Miquelon-2 (Ordinance No.
The amendments to the trade code are made applicable for most of them, at the cost of some modifications (amended on some dates of entry into force as long as, for the metropolis and overseas departments, these dates are already exceeded; exclusion of provisions relating to the regional chambers of commerce and industry and the competence of the chambers of commerce resulting from the amendment, by the law of 2 August 2005, of the urban planning code).
Several provisions (sections 91 to 94 of the Law of 2005) relating to the law of land and river transport were also excluded, because there is no river navigation in Saint-Pierre-et-Miquelon and that the legislative articles modified by the law of 2 August 2005 refer to community regulations (not applicable to the archipelago of Saint-Pierre-et-Miquelon, linked to the European Community by a means of a European Community). In addition, articles 71 and 72 are not extended, the first because it concerns a contribution of the presidents of the Chamber of Crafts (not applicable to Saint-Pierre-et-Miquelon) and the second because it repeats, for the Chambers of Crafts, what is expected for the Chambers of Commerce and Industry to theArticle L. 711-4 of the Commercial Code.
The amendments made for the application to Saint-Pierre-et-Miquelon of the Act of 2 August 2005 referred to above are the subject of section 1 of this Order, which excludes from this application nineteen articles or parts of articles of that Act of 2005 (in its I).
Then, in its II, it is made to the Commercial Code (book IX, title I relating to Saint-Pierre-et-Miquelon) the necessary modifications to the application of the amendments to the Commercial Code by the law of 2 August 2005.
Part III of this section 1 provides some dates for the entry into force of the provisions of the 2005 Act that did not amend previous legislation.
The IV excludes the application to Saint-Pierre-et-Miquelon of a portion of section L. 347-3 of the current Labour Code, as long as this measure concerning transport companies refers to three Community regulations.
Section 2 amends thearticle 17 of the order of September 26, 1977 referred to above to transform the name of the chamber of agriculture, commerce, industry and trades, as it is derived from section 8 of the Overseas Orientation Act, into a "chamber of agriculture, commerce, industry, trades and crafts" (CACIMA) of Saint-Pierre-et-Miquelon.
II of this article 2 rewritessection 18 of the order of September 26, 1977. It makes applicable to CACIMA the provisions of title I of Book VII of the Commercial Code relating to Chambers of Commerce and Industry as adapted for Saint-Pierre-et-Miquelon by title I of Book IX of this Commercial Code. But this is done at the cost of some additional adaptations, including:
- the maintenance of non-application in Saint-Pierre-et-Miquelon of the regime of occupational categories and subcategories;
― the distribution of voters in three colleges (one for agriculture, a second for crafts and trades and the third for industry, trade and services);
– the 18-eight size of the number of room members (instead of sixteen currently) to allow the representation of farmers.
This same article repeals, in its III, thearticle 19 of the order of September 26, 1977 referred to above in respect of its tax revenues, provided thatArticle L. 917-4 of the Commercial Code, more respectful of the tax prerogatives of the territorial community of Saint-Pierre-et-Miquelon than was the 1977 order (interested while Saint-Pierre-et-Miquelon had been transformed into an overseas department subject to the legislative assimilation regime).
A new wording of section 19 of the 1977 Order provides that, for the application to Saint-Pierre-et-Miquelon of legislation and regulations containing a reference to a consular chamber, this reference is replaced by a reference to CACIMA.
Article 3 repealsArticle 8 of Act No. 2000-1213 of 13 December 2000 ( Orientation Law for the Overseas) which had already made a first change in the name of the room of Saint-Pierre-et-Miquelon, to link agriculture to its field of competence.
Section 4 provides the opportunity for the president of CACIMA to attend the meetings of the permanent assembly of the Chambers of Agriculture.
Section 5 states that the mandates of CACIMA members will all be subject to renewal on the same date as the terms of reference of members of the Chambers of Commerce and Industry of Metropolitan France and overseas departments.
Article 6 announces a decree in the Conseil d'Etat on the terms and conditions for the application of this order (possible amendments to the decrees of application of the 2005 law and the regulations applicable to CACIMA).
The territorial council of Saint-Pierre-et-Miquelon, to which the draft order was submitted, in accordance with provisions of Article LO 6413-3 of the General Code of Territorial Communities, gave its opinion on this project on 14 December 2007.
This is the subject of this order that we have the honour to submit to your approval.
Please accept, Mr. President, the assurance of our deep respect.


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