Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
Vu le craft code, including title II;
Vu le trade code, including title I of his book VII and his book IX;
Vu le Electoral code ;
Considering the rural code, including title I of his book V;
Vu le Part IV 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, last amended by theOrder No. 2008-697 of 11 July 2008 relative to the application in Saint-Pierre-et-Miquelon 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;
See?Order No. 2008-697 of 11 July 2008 relative to the application in Saint-Pierre-et-Miquelon 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;
Vu le Decree No. 98-246 of 2 April 1998 modified for the professional qualification required for the exercise of the planned activitiesArticle 16 of Act No. 96-603 of 5 July 1996 on the development and promotion of trade and crafts;
Vu le Decree No. 98-247 of 2 April 1998 relating to craft qualification and the repertoire of trades, last modified by the Decree No. 2008-565 of 17 June 2008 ;
Vu le Decree No. 99-433 of 27 May 1999 amended on the composition and election of trade chambers, including articles 5 to 7;
Vu le Decree No. 2006-966 of 1 August 2006 amended on the collaborating spouse, including Article 9;
Considering the referral of the territorial council of Saint-Pierre-et-Miquelon, dated 18 June 2009;
The State Council (Finance Section) heard,
Decrete:
Title I of Book IX of the Commercial Code (regulatory part) is amended to read:
1° The 6th of Article R. 910-1 is replaced by the following provisions:
« 6° Articles R. 711-6, R. 711-18 to R. 711-53, R. 712-21 to R. 712-24, R. 713-31 to R. 713-63, D. 721-2 to R. 721-4 and R. 721-7 to R. 761-26 »;
2° At 9° in R. 910-2, the words: "chambers of agriculture, commerce, industry and trades" are replaced by the words: "chambers of agriculture, commerce, industry, trades and crafts";
3° Chapter VII includes articles D. 917-1 to R. 917-10 as follows:
"Art.D. 917-1.-A Article D. 711-9, the words "at the regional chamber of commerce and industry" are deleted.
"Art.D. 917-2.-The second paragraph of Article D. 711-67-1, the fifth paragraph of Article D. 711-67-4 and the second paragraph of Article D. 711-67-5 shall not apply.
"Art.D. 917-3.-A, Article D. 711-67-7, the words "at articles L. 711-4 and L. 711-10" are replaced by the words "at article L. 711-4".
"Art.R. 917-4.-In the second paragraph of Article R. 711-68, the words "with consular delegates" are deleted.
"Art.R. 917-5.-In the second paragraph of Article R. 711-71, the words: "Regional Chambers of Commerce and Industry, Chambers of Commerce and Industry and Inter-Consular Groups cannot" are replaced by the words: "The Chamber of Commerce and Industry cannot".
"Art.R. 917-6.-The last paragraph of section R. 712-8 and the fourth paragraph of section R. 712-11 are not applicable.
"Art.R. 917-7.-A Article R. 712-9, the words "and in Article 1600 of the General Tax Code" are deleted.
"Art.R. 917-8.-In the first paragraph of section R. 712-16, the words "information relating to the use of the additional tax to the occupational tax" are deleted.
"Art.D. 917-9.-The fourth paragraph of Article D. 712-34 is not applicable.
"Art.R. 917-10.-The third paragraph of section R. 713-66 is not applicable. »
The Chamber of Agriculture, Trade, Industry, Trade and Crafts of Saint-Pierre-et-Miquelon is subject to the provisions of Title I of Book VII of the Commercial Code (regulatory part) as adapted to Saint-Pierre-et-Miquelon by Title I of Book IX of this Code (regulatory part) and subject to the following additional modifications:
1° Section R. 711-1 is replaced by the following provisions:
"Art. R. 711-1. - The Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon has its headquarters in Saint-Pierre and its district extends to the territorial community of Saint-Pierre-et-Miquelon. »
2° Section D. 711-9 is replaced by the following provisions:
"Art. D. 711-9. - The Chamber of Agriculture, Trade, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon shall, on an annual basis as part of its activity report, set out the indicators of activity, quality and performance, as set out in Article D. 711-56-1, which it transmits to the assembly of French Chambers of Commerce and Industry. »
3° Article D. 711-10:
(a) The first paragraph is replaced by the following provisions: "The Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon has, in particular, a service mission to agricultural, industrial, commercial, artisanal and community service enterprises";
(b) In the second paragraph the words: "they create and manage", and: " bring" are replaced by the words: "it creates and manages" and: " bring";
(c) In the third paragraph, the words: "they may" are replaced by the words: "it may";
4° Article R. 711-13:
(a) The second preambular paragraph reads as follows: "The President and the two Vice-Presidents represent each of the three colleges provided for 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 industrial, agricultural and commercial provisions. » ;
(b) The third paragraph is not applicable;
5° In article R. 711-15:
(a) In the first paragraph, after the words: "member of the office", the words are inserted: "elected under the College representing the activities of the industry, trade and services sector";
(b) The second preambular paragraph is replaced by two sub-items:
"Candidates to serve as a member of the office elected under the College representing the activities of the agriculture sector attest to the Prefect that they meet the conditions set out in Article 3 of Decree No. 2009-1774 of 30 December 2009 on the Chamber of Agriculture, Trade, Industry, Trade and Crafts of Saint-Pierre-et-Miquelon and bearing various provisions relating to this territorial community.
"Candidates to serve as a member of the office elected under the College representing the activities of the trades and crafts sector attest to the Prefect that they meet the conditions set out in Article 5 and II of Article 6 of Decree No. 99-433 of 27 May 1999 concerning the composition of the trades rooms and their election. » ;
6° Section D. 711-67 is replaced by the following provisions:
"Art. D. 711-67. - The Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon carries out the missions, including consulting, representation and services to companies in the sectors of activity falling within its scope of competence."
7° In the first paragraph of Article D. 711-67-1, the words: "industry, trade and services" are replaced by the words: "agriculture, trade, industry, services and crafts" and the words: "the establishments of the network of chambers of commerce and industry" are replaced by the words: "Standard of agriculture, commerce, industry, trade and crafts"
8° In article D. 711-67-2, the words: "by the establishments of the network of chambers of commerce and industry" are replaced by the words: "by the chamber of agriculture, commerce, industry, trades and crafts of Saint-Pierre-et-Miquelon" and the words: ", as defined by the standards of intervention mentioned in art. D. 711-56-1" are deleted. It is added a sentence: "The mandatory missions pertaining to the competences of the establishments of the Chambers of Commerce and Industry network are defined by the intervention standards referred to in Article D. 711-56-1";
9° The first and second paragraphs of section R. 711-71 are replaced by the following:
"The Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon can only meet in a general assembly at all colleges.
"The board can only validly deliberate if the number of members present exceeds half the number of members in office. » ;
10° In the first paragraph of Article R. 712-1, the words: "the establishments of the network of chambers of commerce and industry" are replaced by the words: "the chamber of agriculture, commerce, industry, trades and crafts of Saint-Pierre-et-Miquelon";
11° Section R. 712-2 is replaced by the following provisions:
"Art. R. 712-2. - The guardianship of the Chamber of Agriculture, Trade, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon is ensured by the prefect of the territorial community of Saint-Pierre-et-Miquelon, assisted by the treasurer-payer general";
12° In article R. 713-1:
(a) In the first, second and third paragraphs, the words: "Commercial and Industry Chamber" are replaced by the words: "A Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon";
(b) At the end of the first paragraph, the following two sentences are inserted: "The board shall proceed in the same way with respect to the companies listed in the repertoire of the trades held by it, with a view to the identification or designation of the electors under the activities defined in the annex to Decree No. 98-247 of 2 April 1998 concerning the craft qualification and repertoire of the trades. It also sends a questionnaire to farmers and agricultural enterprises registered in the Register of Farmers as provided for in Article 3 of Decree No. 2009-1774 of 30 December 2009 on the Chamber of Agriculture, Commerce, Industry, Trades and Crafts of Saint-Pierre-et-Miquelon with various provisions relating to this territorial community. » ;
(c) The following paragraph shall be inserted after the third paragraph:
"The president of the Chamber of Agriculture, Commerce, Industry, Trades and Crafts of Saint-Pierre-et-Miquelon sends to the prefect no later than March 31 the list of natural persons and social leaders of legal persons registered or mentioned in the repertoire of trades and the director of agriculture and forest provides, within the same period, the list of persons registered or mentioned in the registers"
(d) In the last paragraph, the words "by category and, if applicable, professional subcategory" are replaced by the words "by college";
13° The first paragraph of section R. 713-8 is replaced by four subparagraphs as follows:
"Any elector who meets the conditions set out in section L. 713-4 may be a candidate in the college representing the activities of the industry, trade and services sector.
"Any elector who meets the conditions set out in Article 5 and II of Article 6 of Decree No. 99-433 of 27 May 1999 concerning the composition of the Chambers of Crafts and their election may be a candidate in the college representing the activities of the trades and crafts sector.
"Any elector who meets the conditions set by I and II of Article 3 of Decree No. 2009-1774 of 30 December 2009 on the Chamber of Agriculture, Trade, Industry, Trade and Crafts of Saint-Pierre-et-Miquelon and bearing various provisions relating to this territorial community may be a candidate in the college representing the activities of the agriculture sector.
"No one can be a candidate in more than one college";
14° In article R. 713-9:
(a) In the third paragraph, the words: "the professional category or subcategory in which" are replaced by the words: "the college in which";
(b) In the third paragraph, after the word "candidate", the words are inserted: "within the college representing trade, industry and services activities";
(c) The article is supplemented by the following fifth and sixth paragraphs:
"Every candidate from the college representing the activities of the agriculture sector attests to the prefect, in the form of a statement on honour, that he meets the conditions set out in I and II of Article 3 of Decree No. 2009-1774 of 30 December 2009 concerning the Chamber of Agriculture, Trade, Industry, Trade and Crafts of Saint-Pierre and Miquelon and bearing various provisions relating to this territorial community.
"Each candidate in the college representing the activities of the trades and crafts sector attests to the prefect, in the form of a statement on honour, that he meets the conditions set out in Article 5 and II of Article 6 of Decree No. 99-433 of 27 May 1999. » ;
15° In article R. 713-10:
(a) After the words: "candidate" are inserted the words: "to the college representing the activities of the industry, trade and services sector";
(b) At the end of this first paragraph, the following sentence is added: "The same is true for the declarations of candidature that meet the conditions set out in I and II of Article 3 of Decree No. 2009-1774 of 30 December 2009 concerning the Chamber of Agriculture, Trade, Industry, Trade and Crafts of Saint-Pierre-et-Miquelon and bearing various provisions relating to this territorial community, for the candidates of the title » ;
16° In article R. 713-12:
(a) In the first paragraph, the words "by category and professional subcategory" are replaced by the words "by college";
(b) In the second paragraph, after the words: "from the Minister responsible for the guardianship of the Chambers of Commerce and Industry" are inserted the words: ", from the Minister responsible for the guardianship of the Chambers of Agriculture, the Minister responsible for the guardianship of the Chambers of Crafts and the Minister responsible for the Overseas";
17° At 1°, at 2° and in the sixth paragraph of Article R. 713-13, the words: "Commercial and Industry Chamber" are replaced by the words: "A Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon";
18° At 2° of article R. 713-14, the word "category" is replaced by the word "college";
19° In R. 713-15, the words "of the Minister responsible for the guardianship of Chambers of Commerce and Industry" are replaced by the words "of the prefect of the territorial community of Saint-Pierre-et-Miquelon";
20° In article R. 713-17:
(a) At 6° of I and 3° of II, the words "of the category and, if applicable, of the subcategory to which" are replaced by the words "of the college to which";
(b) At 1° of II, the words: "Commercial and Industry Chamber" are replaced by the words: "A room for agriculture, commerce, industry, crafts and crafts of Saint-Pierre-et-Miquelon";
21° In article R. 713-18:
(a) In the second paragraph, the words "subcategories" are replaced by the word "colleges";
(b) In the fifth paragraph, the words: "in the category and subcategory" are replaced by the words: "in the college";
22° In article R. 713-19:
(a) In the first paragraph, the words "category or subcategory" are replaced by the word "college";
(b) In the second paragraph, the words "category, occupational sub-category or delegation" are replaced by the words "college";
In the third paragraph of section R. 713-27, after the words: "guardianship of chambers of commerce and industry", the end of the paragraph is as follows: ", to the minister responsible for the guardianship of chambers of agriculture, to the minister responsible for the guardianship of chambers of trade and crafts and to the chamber of agriculture, commerce, industry, trades and crafts of Saint-Pierre and M. » ;
24° In the first paragraph of article R. 713-28, the words: "at the Chambers of Commerce and Industry" are replaced by the words: "at the Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon";
25° In the first paragraph of Article R. 713-29, the words: "of a chamber of commerce and industry" are replaced by the words: "of the chamber of agriculture, commerce, industry, trades and crafts of Saint-Pierre-et-Miquelon";
26° In R. 713-65, after the words: "L. 713-11", the following words are added: "These occupational categories are the activities of the college representing the activities of the industry, trade and services sector".
This article is further supplemented by the following two paragraphs:
"The activities of the college representing the activities of the agriculture sector are determined by the decree of the prefect of the territorial community of Saint-Pierre-et-Miquelon relating to the register of farmers set out in Article 3 of Decree No. 2009-1774 of 30 December 2009 concerning the Chamber of Agriculture, Trade, Industry, Trade and Crafts of Saint-Pierre-et-Miquelon and bearing this territorial community and
"The activities of the college representing the activities of the crafts and crafts sector are those set out in the annex to Decree No. 98-247 of 2 April 1998 on the artisanal qualification and the repertoire of trades. » ;
27° In article R. 713-66:
(a) In the first paragraph, the words: "challenge and industry" are replaced by the words: "challenge of agriculture, commerce, industry, trades and crafts of Saint-Pierre-et-Miquelon" and the words: "categories and, if applicable, professional subcategories" are replaced by the words: "colleges planned for the 2nd of section 18 of the order no.
(b) In the second paragraph, the words: "Minister responsible for the Guardianship of Chambers of Commerce and Industry" are replaced by the words: "Prefect of the Territorial Community of Saint-Pierre-et-Miquelon";
(c) At 2° and 3°, the words "of the category" are replaced by the words "of the college";
(d) In the last paragraph, the words: "professional categories and, where applicable, between occupational subcategories and propose the number of members to be included in the Chamber of Commerce and Industry" are replaced by the word "colleges";
(e) The following paragraph is added at the end of the article: "The number of members of each college is pairs";
28° In R. 713-67, the words: "the chambers of commerce and industry" are replaced by the words: "the chamber of agriculture, commerce, industry, trades and crafts of Saint-Pierre-et-Miquelon";
29° In article R. 713-68:
(a) The words: "the number of members and the composition of the Chamber of Commerce and Industry by occupational categories and subcategories. are replaced by the words: "the composition of the chamber of agriculture, commerce, industry, crafts and craftsmanship of Saint-Pierre-et-Miquelon by colleges. » ;
(b) The second sentence is not applicable;
30° Article R. 713-69 is not applicable;
31° In article R. 713-70:
(a) In the first, third, fourth and fifth paragraphs, the words: "Commercial and Industry Chamber" are replaced by the words: "A Chamber of Agriculture, Commerce, Industry, Trades and Crafts of Saint-Pierre-et-Miquelon";
(b) The first paragraph is supplemented by the following sentence: "It establishes the lists of electors for each of the three colleges provided for in 2° of Article 18 of Order No. 77-1106 of 26 September 1977 referred to above. » ;
(c) The fourth paragraph is supplemented by the words: ", as well as the Director of Agriculture and Forestry of Saint-Pierre-et-Miquelon or his representative, with regard to the establishment of the College's list of electors representing the activities of the agriculture sector. "
I. - Are electors in the college representing the activities of the agricultural sector the physical persons and social leaders of the legal persons registered in the register of the farmers of Saint-Pierre-et-Miquelon fulfilling the following conditions:
1° Being 18 years old;
2° Be subject to the social insurance fund of Saint-Pierre-et-Miquelon.
Electors must not have been sentenced equivalent to those referred to in Article L. 713-3 of the Commercial Code.
II. - Eligible to the college representing the activities of the agricultural sector are natural and legal persons who meet the conditions set out in I and who have been registered in the register of farmers for at least two years at the closing date of the poll.
III. - 1° The prefect of the territorial community of Saint-Pierre-et-Miquelon provides the modalities for the creation and operation of the Register of Farmers of Saint-Pierre-et-Miquelon and the conditions for the registration of natural and legal persons in this register.
2° The Prefect of the Territorial Community of Saint-Pierre-et-Miquelon establishes and maintains the Register of Farmers of Saint-Pierre-et-Miquelon.
Decree No. 98-247 of 2 April 1998 referred to above is amended as follows:
It is created within this decree a title IV bis as follows:
« TITRE IV bis
" Provisions applicable to the Chamber of Agriculture, Commerce, Industry, Trades and Crafts of Saint-Pierre-et-Miquelon
"Art. 29-1. - For its application to the Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon, this decree is subject to the following modifications:
« 1° The words: "chambre de métiers et de l'artisanat" and: "chambre de métiers et de l'artisanat competent du département" are replaced by the words: "chambre d'agriculture, de commerce, d'industrie, de métiers et de l'artisanat de Saint-Pierre-et-Miquelon", except for articles 9, 12 and 21 bis;
« 2° Lesmots: "Regional Qualification Commission" are replaced by the words "qualification committee";
« 3° Section 4 is replaced by the following:
"Art. 4. ― A Qualification Commission is established in Saint-Pierre-et-Miquelon; its members are appointed by prefectural order after each renewal of the chamber of agriculture, commerce, industry, crafts and craftsmanship of Saint-Pierre-et-Miquelon. It is chaired by the President of this chamber or his representative and includes:
"(a) Two representatives of the State designated by the prefect of the territorial community of Saint-Pierre-et-Miquelon, within the deconcentrated services, having competence in the field of crafts or diploma within the meaning of the second paragraph of Article 3;
"(b) A representative of the president of the territorial council of Saint-Pierre-et-Miquelon;
(c) Three incumbent artisans and three alternate artisans appointed on the proposal of the Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon.
"This commission is competent to consider requests for the award of the title of master craftsman provided for in Article 3.
"She decides on each request, after a competent expert's opinion in the profession, chosen on a list prepared by the president of the Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon. Its decisions are taken by a majority of the members present. In case of sharing, the President’s voice is preponderant.”
« 4° In the second paragraph of Article 11, the words: "from place of registration" are deleted;
« 5° In the fifth paragraph of Article 12, the words: "in the spring of a chamber of trades and craft other than that where it is registered" are replaced by the words: "out of Saint-Pierre-et-Miquelon" and the words: "his new room, which" are replaced by the words: "the chamber of trades and crafts in the spring of which it has operated this transfer; this room;
« 6° In article 16, the words: "in each department" are replaced by the words: "in Saint-Pierre-et-Miquelon" and the words: "a representative of the Chambers of Commerce and Industry, a representative of the Chambers of Crafts and Crafts" are replaced by the words: "two representatives of the Chamber of Agriculture, Commerce, Industry, Trades and Crafts of Saint-Pierre" and "
« 7° In article 21 bis, the words: "reputations held by each chamber of trades and crafts" are replaced by the words: "from the repertoire of the trades held by the Chamber of Agriculture, Commerce, Industry, Trades and Crafts of Saint-Pierre-et-Miquelon". »
Article 9 of Decree No. 2006-966 of 1 August 2006 concerning the collaborating spouse is supplemented by the following paragraph:
"For the purposes of this article in Saint-Pierre-et-Miquelon, the declaration provided for in 1° and 2° of Article R. 121-5 (1° and 2°) of the Commercial Code must be made before the first day of the fourth calendar quarter following the publication of Decree No. 2009-1774 of 30 December 2009 concerning the Chamber of Agriculture, Trade, Industry, Trade and Crafts of Saint-Pierre-et- »
The condition of the former registration of the Farmers Register provided for in Article 3 of this Decree is not applicable on the occasion of the next general renewal of the members of the Chamber of Agriculture, Trade, Industry, Trade and Crafts of Saint-Pierre-et-Miquelon.
I. ― Decree No. 83-473 of 9 June 1983 on the composition, organization and election of members of the Chamber of Commerce, Industry and Trades of Saint-Pierre-et-Miquelon is repealed.
II. - Is and remains repealed Decree No. 91-739 of 18 July 1991 on Chambers of Commerce and Industry, Regional Chambers of Commerce and Industry, the Assembly of French Chambers of Commerce and Industry and Inter-Consular Groupings.
The Minister of Economy, Industry and Employment, the Minister of the Interior, Overseas and Territorial Communities, the Minister of Food, Agriculture and Fisheries, the Minister to the Minister of the Interior, Overseas and Territorial Communities, responsible for the Overseas, and the Secretary of State responsible for the trade, medium crafts,
Done on 30 December 2009.
François Fillon
By the Prime Minister:
Minister of Economy,
industry and employment,
Christine Lagarde
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Food,
agriculture and fisheries,
Bruno Le Maire
The Minister to the Minister of Interior,
the overseas and territorial authorities,
loaded with the overseas,
Marie-Luce Penchard
Secretary of State
responsible for trade, crafts,
small and medium-sized enterprises,
tourism, services and consumption,
Hervé Novelli
