Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of the Interior, Overseas and Territorial Communities,
Having regard to the Constitution, including article 38;
Vu le general code of territorial authoritiesincluding the title I of Book IV of Part VI;
Vu le Trade code ;
Considering the rural code;
Vu la Act No. 2000-1207 of 13 December 2000 orientation for the overseas;
Vu la Act No. 2005-882 of 2 August 2005 modified in favour of small and medium-sized enterprises;
Vu la Act No. 2007-224 of 21 February 2007 having statutory and institutional arrangements relating to the overseas, including Article 19 (I, 15°, a and c);
See?Order No. 77-1106 of 26 September 1977 amended by extending and adapting to the territorial community of Saint-Pierre-et-Miquelon various legislation relating to the industrial, agricultural and commercial domain;
See?Order No. 2003-1213 of 18 December 2003 amended on measures to simplify the formalities of enterprises, independent workers, associations and employers;
See?Order No. 2007-329 of 12 March 2007 the Labour Code (Legislative Party);
Having regard to the letter of referral addressed on 14 December 2007 to the president of the territorial council of Saint-Pierre-et-Miquelon by the prefect of Saint-Pierre-et-Miquelon;
The Council of State (section of public works) heard;
The Council of Ministers heard,
Order:
Section 102 of Act No. 2005-882 of 2 August 2005 for small and medium-sized enterprises is replaced by the following provisions:
"Art. 102. - I. Sections 3, 6, 8, 9, 10 (IV), 15, 24, 25, 28, 58, 67, 68, 71, 72, 73, 80 and 90 to 94 of this Act are not applicable to Saint-Pierre-et-Miquelon.
“II. ― Title I of Book IX of the Commercial Code (Legislative Party) is amended as follows:
« 1° Section L. 910-1 is amended as follows:
"At 5°, the references: "L. 711-5, L. 711-9" are replaced by the references: "L. 711-2 (4°), L. 711-4 (last paragraph), L. 711-6 to L. 711-10, L. 712-4, L. 712-5" and the reference: "L. 713-17" is replaced by the reference: "L. 713-18";
« 2° Chapter II is amended to read:
“(a) After L. 912-1, an article L. 912-1-1 is inserted as follows:
"Art. L. 912-1-1. - The words: "Law No. 2005-882 of 2 August 2005 in favour of small and medium-sized enterprises" and the words: "Law No. 2005-882 of 2 August 2005 referred to above" in the third and fourth paragraph of Article L. 223-30 are replaced respectively by the words: "Order No. 2008-697 of 11 July 2008 on the application in Saint-Pierre-et-Miquelon of the Law 2005
“(b) After the article L. 912-6, an article L. 912-7 is inserted as follows:
"Art. L. 912-7. - In the fifth paragraph (2°) of Article L. 239-1, the words: "at Article 208 D of the General Code of Taxes" are replaced by the words: "at the General Code of Applicable Taxes locally";
« 3° Section L. 914-1 is supplemented by the following paragraph:
“In the second and third paragraphs of Article L. 442-2, the dates: “January 1, 2006” and “January 1, 2007” are replaced by the dates: “January 1, 2009” and “January 1, 2010”;
« 4° Chapter VII is amended to read:
“(a) Articles L. 917-1, L. 917-2 and L. 917-3 are repealed;
“(b) In article L. 917-4, the reference: "L. 712-1" is replaced by the reference: "L. 712-2";
"(c) After the article L. 917-4 is inserted an article L. 917-5 as follows:
"Art. L. 917-5. - For the purposes of Article L. 712-7, the words: ", especially those mentioned in Article L. 711-8", are deleted.
"III. ― For their application in Saint-Pierre-et-Miquelon, articles 12 and 47 are amended as follows:
« 1° In the third of Article 12, the words: "Decree in the Council of State provided for in Article V of Article L. 121-4 of the Code of Commerce" are replaced by the words: "Decree in the Council of State provided for in Article 6 of Order No. 2008-697 of 11 July 2008 relating to the application in Saint-Pierre-et-Miquelon of Law No. 2005-882 of the 2 medium-size enterprises and
« 2° In the II to IV of Article 47, the words "31 December 2005", "1 January 2006", "31 December 2006" and "1 January 2007" are replaced respectively by the words "31 December 2008", "1st January 2009", "31 December 2009" and "1st January 2010".
"IV. ― After section 13 of Order No. 2007-329 of March 12, 2007 on the Labour Code (Legislative Party), an article 13-1 is inserted as follows:
"Art. 13-1. - The provisions of the 12th of Article 13 of this Order are not applicable to Saint-Pierre-et-Miquelon. »
I. ― Section 17 of Order No. 77-1106 of 26 September 1977 referred to above is amended as follows:
1° In the first paragraph, the words: "Commercial, Industry and Trades Chamber" are replaced by the words: "Agricultural, Trade, Industry, Trade and Crafts Chamber" and the word "agricultural" is added after the words: "interest";
2° In the second paragraph, the words "to the departmental chambers of agriculture" are added after the words "devolved powers".
II. ― Section 18 of above-mentioned Order No. 77-1106 is as follows:
"Art. 18.-The provisions of Title I of Book VII of the Commercial Code, as adapted to Saint-Pierre-et-Miquelon by Title I of Book IX of the Commercial Code, are applicable to the Chamber of Agriculture, Trade, Industry, Trade and Crafts, subject to the following modifications:
« 1° Provisions relating to occupational categories and occupational subcategories provided for in section III of chapter III are not applicable;
« 2° The electors of the Chamber of Agriculture, Commerce, Industry, Trades and Crafts are divided into three colleges representing:
"– the activities of the agriculture sector;
"—the activities of the crafts and crafts sector;
"– the activities of the industry, trade and services sector;
« 3° The provisions of Article L. 713-1 and sections L. 713-2 to L. 713-4 apply to the college representing the activities of the industry, trade and services sector.
"However, the age requirement in the first paragraph of section L. 713-4 applies to all eligible members of the Chamber of Agriculture, Trade, Industry, Trade and Crafts;
« 4° By derogation from the provisions of the second paragraph of Article L. 713-12, the number of seats in the Chamber of Agriculture, Trade, Industry, Crafts and Crafts is 18;
« 5° For the purposes of section L. 713-13:
“(a) In the first paragraph, the words: "between categories and occupational subcategories" are replaced by the words: "between colleges mentioned in 2 of Article 18 of 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”;
“(b) In the second paragraph, the words: "None of the professional categories" are replaced by the words: "None of the colleges mentioned in 2 of Article 18 of Order No. 77-1106 of 26 September 1977 referred to above “ ;
« 6° In the first paragraph of Article L. 713-15, the words: "For the election of members of chambers of commerce and industry" are replaced by the words: "For the election of members of the college representing the activities of the industry, trade and services sector";
« 7° The provisions on electors and eligible members of the college representing the activities of agriculture and the college representing the activities of crafts and crafts are set by decree in the Council of State. »
III. ― Section 19 of Order No. 77-1106 of September 26, 1977 is replaced by the following provisions:
"Art. 19.-In the legislative and regulatory texts applicable to Saint-Pierre-et-Miquelon, references to the departmental chambers of agriculture, chambers of commerce and industry (including when referred to as establishments of the network of chambers of commerce and industry), to the chambers of trade and crafts and to the consular chambers are replaced by a reference to the chamber of agriculture, commerce, industry, and »
Section 8 of Act No. 2000-1207 of 13 December 2000 referred to above is repealed.
In article L. 513-3 of the rural code, a second paragraph was created, as follows:
"The president of the Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon can join the permanent assembly of the Chambers of Agriculture on behalf of this establishment. »
The mandates of all members of the Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon will all be subject to renewal on the occasion of the next general renewal of the mandates of members of the Chambers of Commerce and Industry.
A decree in the Council of State sets out the modalities for the application of this order.
The Prime Minister, the Minister of the Interior, Overseas and Territorial Communities, the Minister of Economy, Industry and Employment and the Minister of Agriculture and Fisheries are responsible, each with regard to the application of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, July 11, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of Agriculture and Fisheries,
Michel Barnier
