Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
Vu le Trade code ;
Vu la Act No. 2010-853 of 23 July 2010 relating to consular networks, trade, crafts and services;
Vu le Decree No. 66-570 of 30 July 1966 amending the exchange and organization of the Chamber of Commerce and Industry of Paris;
Vu le Decree No. 66-571 of 30 July 1966 relating to the Chamber of Commerce and Industry of Versailles;
Vu le Decree No. 99-433 of 27 May 1999 modified on the composition of regional chambers of trades and crafts and chambers of trades and crafts and the election of their members;
The State Council (Finance Section) heard,
Decrete:
Chapters I and III of Book VII title I of the Commercial Code are amended in accordance with Articles 2 to 63 below.
In chapters I and III of title I of Book VII of the Commercial Code, the words: "Commercial and Industry Chamber" are replaced by the words: "Commercial and Territorial Industry Chambers", except when they appear in the terms "Community and Industry Chambers Network", "Meeting of French Chambers of Commerce and Industry" and "guarding of Chambers of Commerce and Industry"; the words: "Regional Chamber of Commerce and Industry" are replaced by the words: "Regional Chamber of Commerce and Industry of Region".
In section R. 711-3, after the words: " possessing competences", the words "in economic matters" are inserted and the words: "in particular among the marine pilots in the chambers whose electoral district has marine ports" are deleted.
Section R. 711-12 is replaced by the following provisions:
"Art. 711-12. - Within three weeks after the last day of the poll, the elected members of the Chamber of Commerce and Territorial Industry are installed by the prefect of the House Headquarters Department. The prefect prepares minutes of the session. »
Section R. 711-18 is amended as follows:
1° The words: "by prefectural order" are replaced by the words: "by order of the prefect of the department of the seat of the room, if any after notice of the prefect(s) of the department(s) where the territory represented by the delegation is located. » ;
2° The words: "beyond May 31" are replaced by the words: "beyond April 15.
Section R. 711-19 is replaced by the following provisions:
"Art.R. 711-19. -The delegation consists of members of the Chamber of Commerce and Territorial Industry, who were identified on the ballots among the candidates for the election of that chamber.
"The number of members of the delegation and their distribution among categories and, where appropriate, between occupational subcategories are determined by the prefect of the department of the room headquarters under the conditions provided for in articles R. 711-47-1 and R. 713-66. »
Section R. 711-21 is amended as follows:
1° In the first paragraph, the words: "who is a Vice-President of the Chamber of Commerce and Industry" are replaced by the words: "who is a member of the Bureau of the Chamber of Commerce and Territorial Industry";
2° After the first preambular paragraph, a subparagraph shall read:
"The same person cannot be simultaneously chairman of the delegation and the chamber. In the event of a cumulative exercise, the person concerned shall inform the prefect of the department of the seat of the chamber, within five days of the occurrence of the cumulative period, of the two functions he chooses to perform. Otherwise, he is deemed to have renounced the chairmanship of the delegation. »
Section R. 711-47 is replaced by the following provisions:
"Art.R. 711-47.-I. ― Before 20 April of the year of the renewal of the rooms, an order of the prefect of the region where the headquarters of the Chamber of Commerce and Industry of the region is located determines the number of members of this chamber and the number of seats allocated within it to the elected members of each of the territorial chambers of commerce and industry attached to it.
"The number of members of the Chamber of Commerce and Industry in the region is at least 30 and not more than 100. This number is determined on the proposal of the Chamber of Commerce and Industry of the region taking into account the economic elements of the study provided for in section R. 713-66.
“II. ― Within the Chamber of Commerce and Industry of the Region, the distribution of the seats allocated to each Chamber of Commerce and Territorial Industry is determined to the average, rounded to the nearest unit, of the proportions represented by each of them in the whole, measured by the number of nationals, their bases of corporate land assessment and their employees. These proportions are based on the economic weighting study governed by section R. 713-66.
"However, no trade and territorial industry chambers may have fewer than three seats, which must be allocated to representatives of each of the categories.
"In addition, no trade and territorial industry chambers can have more than 40% of the seats, except where the regional Chamber of Commerce and Industry has only two territorial chambers.
"The effects of the provisions of the preceding two paragraphs are reflected on the representation of the other chambers within the regional chamber of commerce and industry, following the proportionality rule set out in the first paragraph.
"III. ― To take into account the local specificities, the regional prefect may deviate, with respect to the number of seats assigned to the different categories, from the average of the proportions defined in II above, to the limit of the tenth of the seats to be filled.
"When applying the previous paragraph, the regional prefect informs the prefects of the department concerned. »
After the article R. 711-47, it is inserted an article R. 711-47-1 and an article R. 711-47-2 as follows:
"Art.R. 711-47-1.-Before 20 April of the year of the renewal of the rooms, an order of the prefect of the department where is located the headquarters of the Chamber of Commerce and Territorial Industry determines the number of members of this chamber and their distribution between professional categories and between subcategories.
"In order to take into account local characteristics, the average of the proportions defined in II of section R. 711-47 may be deviated within the tenth of the seats to be filled.
"Art.R. 711-47-2.-Orders meeting the requirements of articles R. 711-47 and R. 711-47-1 shall, as the case may be, be taken by the prefects of the region and territorially competent department following the mergers of chambers requiring an election outside the year of general renewal. »
In the second paragraph of Article R. 711-48, after the words: "and re-eligible" are added the words: "subject to the application of the second paragraph of Article L. 713-1".
Section R. 711-49 is replaced by the following provisions:
"Art.R. 711-49.- Between two renewals, it is provided at the nearest General Assembly to replace any member of the office whose seat has become vacant. This election must be on the agenda of the assembly, which may be completed for that purpose no later than five days before the meeting is held.
"If half of the seats become vacant, the office is re-elected in its entirety. »
Section R. 711-50 is amended as follows:
1° In the first paragraph, the words: "adjoin" are replaced by the words: "may join";
2° The second, third and fourth paragraphs are replaced by the following:
"The associate members are appointed by the Chamber of Commerce and Industry of the region after each renewal among qualified individuals with economic skills that are relevant to the establishment.
"The associate members shall participate in the deliberations with an advisory voice and may represent the chamber in all the proceedings in which it participates.
"The Chamber of Commerce and Territorial Industry, whose electoral district spans two regions, may designate, with the Chamber of Commerce and Industry of the region to which it is not attached, elected officials who sit there as an associate member. »
Section R. 711-51 is replaced by the following provisions:
"Art.R. 711-51.-The prefect of the region where the headquarters of the Chamber of Commerce and Industry of the region is located shall proceed to the installation of the new members of that chamber within five weeks after the last day of the poll under R. 713-6. »
Section R. 711-54 is repealed.
Section R. 711-57 is replaced by the following provisions:
"Art.R. 711-57.-The Chambers represented at the Assembly of the French Chambers of Commerce and Industry pursuant to the second paragraph of Article L. 711-15 shall designate among their members an alternate to replace their representative in the event of incapacity. »
In the sixth, seventh and eighth paragraphs of section R. 711-59, the words "professional tax" are replaced by the words "business land contribution".
Section R. 711-68 is amended as follows:
1° In the first paragraph, after the word "institutions", the word "public" is inserted;
2° In the second paragraph, the words: "Consular Delegates" are deleted;
3° The third and fourth paragraphs are deleted;
4° The fifth preambular paragraph is replaced by the following:
« 2° The age limit for election to the office, which cannot exceed the age of seventy years ending on the date of the last day of the election for the election of the chamber; » ;
5° The 4°, 5° and 6° become the 2°, 3° and 4° and in the eighth paragraph the words "at 2°, 3° and 4°" are replaced by the words "at 2°";
6° It is added a paragraph to read:
"They cannot limit the number of mandates that a member may carry out or subordinate the election of a member to the office for an earlier term of office. »
I. ― The title of chapter III, section I, is replaced by the title: "From the election of members of local chambers of commerce and industry and chambers of commerce and industry in the region".
II. ― After the title of chapter III, section I, an article R. 713-1 is inserted as follows:
"Art.R. 713-1.-The members of the Chamber of Commerce and Industry of Paris-Ile-de-France and of the Chambers of Commerce and Industry of Ile-de-France are elected respectively under the same conditions as the members of the Chambers of Commerce and Industry of the region and those of the Chambers of Commerce and Territorial Industry. »
I. ― Section R. 713-1 is replaced by the following provisions:
"Art.R. 713-1-1.-I. ― The list of electors for the election of members of Chambers of Commerce and Industry of Region, Chamber of Commerce and Territorial Industry and, where appropriate, of delegation is drawn up within the exchange of the Chamber of Commerce and Territorial Industry by the commission governed by section R. 713-70.
"The commission shall take into account information held by the competent courts of first instance in commercial matters whose jurisdictions are wholly or partially understood in the exchange of the board.
“II. ― In the jurisdiction(s) included in the division of the board, the judge responsible for the supervision of the register of trade and corporations, assisted by the clerk of the jurisdiction, shall provide to the board and the board of commerce and territorial industry, no later than 31 January of the year of renewal, the list of natural and legal persons registered in the register of trade and corporations under the section and meeting the conditions set out in II of the 1st of the Board of the
"The Chamber of Commerce and Territorial Industry shall send to all of these persons, by the last day of February of the same year, by mail or by electronic means, a questionnaire inviting them to identify or designate the electors invested in that capacity under sections L. 713-1 to L. 713-3.
"The questionnaires are sent by mail or electronically to the Chamber of Commerce and Territorial Industry by April 30 of the same year. The board shall forthwith transmit them to the voter registration board.
"The captains and pilots mentioned in the d of 1° of II of Article L. 713-1 request their registration on the list with the commission before April 30 of the same year.
"III. ― The Electoral Listing Commission shall establish the list of electors, established by category and, where applicable, professional subcategory, by June 30 of the same year.
"The electoral list is transmitted to the Prefect by July 15 of the same year. »
II. ― Inside Trade code, the reference to section R. 713-1 becomes the reference to section R. 713-1-1. »
Section R. 713-2 is replaced by the following provisions:
"Art.R. 713-2.-The Prefect of the House Headquarters Department shall make available to the public, from July 16 to August 25, inclusive, in each court of first instance competent in commercial matters in the exchange of the Chamber of Commerce and Territorial Industry, at the headquarters of the Chamber of Commerce and Territorial Industry, and in each of the territorially competent prefectures, a copy of the lists of electors on paper, electronic or electronic physical access.
"The electoral district prefect or prefects shall inform electors of the filing of the lists of electors and of the places and modalities of their consultation, by means of posters in the territorially competent prefectures, at the headquarters of the Chamber of Commerce and Territorial Industry and the Chamber of Commerce and Industry of the Region and, where applicable, by any other means.
"When access to the electoral lists is provided by access to a digital file, it is carried out in security and confidentiality that ensures compliance with the provisions of the electoral code.
"Any elector is authorized to communicate the lists of electors and to take a copy of the lists of electors at his or her expense, on paper or, where applicable, on electronic physical support, to the Chamber of Commerce and Territorial Industry. »
In R. 713-3, the words: "in the third paragraph of R. 713-1" are replaced by the words: "in the first paragraph of Article R. 713-1-1 II."
The third paragraph of section R. 713-4 is replaced by the following provisions:
"The Election Listing Commission shall, no later than eight days after the end of the public making of the lists of electors, decide on the claims.
"In the same period, it shall amend or supplement the list in consideration of the new elements, which appeared between the date provided for in the first paragraph of Article R. 713-1-1 and the date of the end of the advertising period provided for in the first paragraph of Article R. 713-2, which is communicated to it by the prefect, by the judge responsible for the monitoring of the register of trade and corporations, by the Chamber of Commerce and Territorial Industry and by »
After the first paragraph of section R. 713-5, the following paragraph shall be inserted:
"The remedies provided for in the first and second paragraphs of Article L. 25 shall be filed within ten days of notification of the decision of the commission. »
Section R. 713-6 is replaced by the following provisions:
"Art.R. 713-6.-I. ― On or before September 1, a joint order of the Minister of Justice and the Minister responsible for the Trusteeship of Chambers of Commerce and Industry sets out the nomination period, the composition of applications and the closing date of the election, which may not be after the first Wednesday of November, at midnight. Separate starting dates are set for the vote by mail and for the electronic vote.
"In the event of special circumstances, the dates set out in the order mentioned in the previous paragraph may be amended after September 1 by joint order of the Minister of Justice, the Minister responsible for the guardianship of Chambers of Commerce and Industry and the Minister of the Interior.
“II. ― Where a merger between chambers makes it necessary for an election before the next general renewal, the conduct of all operations under sections R. 713-1 to R. 713-6 shall be determined by order of the Minister responsible for the guardianship of chambers of commerce and industry. »
Section R. 713-8 is replaced by the following provisions:
"Art.R. 713-8.-I. ― An elector who meets the conditions set out in section L. 713-4 may be a candidate in his or her subcategory or, if not, in his or her professional category. No one may be a candidate in more than one subcategory or category.
“II. ― Nominations are presented either for a term of office as a member of the Chamber of Commerce and Industry of the region that goes hand in hand with that of a member of the Chamber of Commerce and Territorial Industry, or for a term as a member of the Chamber of Commerce and Territorial Industry only.
"For these applications, a nomination may be attached to a delegation governed by articles R. 711-18 and below.
"Any candidate for the election of a member of a Chamber of Commerce and Industry of the Region shall meet with an alternate.
"When the number of seats allocated within a Chamber of Commerce and Industry of the Region to a Chamber of Commerce and Territorial Industry does not allow the Chamber to have a representative in a subcategory selected for that election, electors under this subcategory may vote for candidates in the same category. In this case, the incumbent candidates are required to meet with an alternate from another subcategory.
"III. ― No one can be a candidate in more than one exchange of business chambers and territorial industry.
"No one may be a candidate for the election of a member holding a regional chamber of commerce and industry and alternate from another candidate.
"No one may appear as alternate on several nominations.
"IV. ― The age of eligibility is estimated on the date of the last day of the election.
"The duration of the application is estimated at 1° and 2° I of Article L. 713-4 on the date of application. »
Section R. 713-9 is replaced by the following provisions:
"Art.R. 713-9.-I. ― Nominations are declared in writing at the prefecture of the department where the headquarters of the Chamber of Commerce and Territorial Industry is located.
"The prefect of department shall transmit to the prefect of the region where the headquarters of the Chamber of Commerce and Industry of the region is located a copy of the applications to this chamber.
“II. ― Declarations of candidature shall be admissible from the day fixed by the order of convocation of the electors referred to in R. 713-6 and until the fortieth day before the last day of the election, at 12 o'clock.
"The declaration of application shall indicate the name, surnames, sex, date and place of birth of the candidate, his nationality, the name and address of the company in which he/she performs his/her functions, the subcategory or professional category in which he/she presents himself and his/her registration number on the list of electors.
"The statement makes it clear if the individual is a candidate for the two associate terms of office of a member of the Chamber of Commerce and Industry of the Region and a member of the Chamber of Commerce and Territorial Industry, or if he is a member of the only Chamber of Commerce and Territorial Industry.
"The application as a member of a delegation of the Chamber of Commerce and Territorial Industry is reported in addition to any of the applications referred to in the preceding paragraph.
"Each incumbent or alternate candidate shall attest to the Prefect in the form of a statement on honour that he or she meets the eligibility requirements set out in section L. 713-4 and that he or she is not affected by any of the incapacities set out in section L. 713-3.
"III. ― The declaration of the candidate for the election of a member of the Chamber of Commerce and Industry of the Region shall be accompanied by the declaration of nomination of his alternate, which shall be inseparable. This statement contains the same information and statements as those required by the applicant and is accompanied by a written acceptance of the quality of alternate.
"IV. ― Candidates may be submitted as part of a grouping. The latter is accompanied by a joint declaration signed by the candidates who adhere to it, and published with the applications pursuant to the second paragraph of Article R. 713-10. The number of members of the group cannot exceed the number of seats to be filled in the sub-categories or categories in which they arise. Membership in the group includes the commitment to present common campaign documents for the application of the provisions of Article R. 713-12.
"The nominations of a group can be presented collectively by a representative with a signed mandate from all the candidates to join them. »
Section R. 713-10 is amended as follows:
1° In the first paragraph, the words "and this title" are replaced by the words "and this subsection";
2° The second paragraph is replaced by the following:
"The prefect of the chamber's headquarters department shall be responsible for the publication of the list of candidates by posting, at the registry of the jurisdiction referred to in the first paragraph of section R. 713-2, in the prefectures of the electoral district and in the local and regional chambers of commerce and industry, within four working days of the deadline for submission of applications under section R. 713-9. It can complement this publication by any other means. » ;
3° The third paragraph is replaced by the following:
"The election campaign begins on the fifth working day following the deadline for applications and ends on the eve of the last day of the election, at no time. »
Section R. 713-12 is amended as follows:
1° The first paragraph of section R. 713-12 is replaced by the following provisions:
"Candidates to a Chamber of Commerce and Territorial Industry who collected at least 5% of the votes cast in this election may obtain the reimbursement of their campaign fees by the Chamber of Commerce and Territorial Industry. For the Ile-de-France rooms, the 5% threshold of votes is appreciated by department.
"In the event of a grouping of candidates, all candidates of this group are considered to have obtained 5% of the votes cast as long as at least one of them has reached this percentage. » ;
2° In the third paragraph, after the words "an order", the words "spouse of the Minister of Justice and".
Section R. 713-13 is replaced by the following provisions:
"Art.R. 713-13.-The commission provided for in Article L. 713-17, known as the "commission d'organisation des élections", competent to organize, in the exchange of the Chamber of Commerce and Territorial Industry, the elections of the members of the Chamber of Commerce and Industry of Region, the Chamber of Commerce and Territorial Industry, and, where appropriate, the delegations of the latter chamber, is presided by the prefect located
« 1° The President of the competent court of first instance in commercial matters in the jurisdiction of which is the seat of the Chamber of Commerce and Territorial Industry or its representative;
« 2° The President of the Chamber of Commerce and Territorial Industry or a member designated by his care;
« 3° A member of the Regional Chamber of Commerce and Industry designated by the President of the Region.
"The commission may join, by decision of its president, as many employees as necessary.
"The Commission's secretariat is provided by the Director General of the Chamber of Commerce and Territorial Industry or a representative designated by the Board's administrative staff. He may be assisted by a representative of the Chamber of Commerce and Industry of the region designated by the Director General of the Chamber.
"The commission is assisted, for the tasks mentioned in 2° and 3° of Article R. 713-14, by a representative of each company responsible for the delivery of the mail.
"The prefect installs the commission no later than September 15 before the election. »
Section R. 713-14 is amended as follows:
1° At the beginning of the first paragraph, a "I" is inserted;
2° In the third paragraph (2°), the words "twenty-one days before the election" are replaced by the words: "at the latest thirteen days before the last day of the election";
3° At the beginning of the seventh paragraph, a "II" is inserted.
The first paragraph of Article R. 713-16 is deleted.
Section R. 713-17 is amended as follows:
1° In the third paragraph of I, after the words: "Commercial and Industry Chamber", it is inserted the words "area and Territorial Chamber of Commerce and Industry";
2° After the seventh preambular paragraph I, a sub-item reads as follows:
« 6° His registration number on the list of electors",
and the following paragraph becomes 7°;
3° In the second paragraph of paragraph II, after the words: "Commercial and Industry Chamber", the words "area and Territorial Chamber of Commerce and Industry".
Section R. 713-18 is amended as follows:
1° In the first paragraph, the words: "Monday following the date of the vote" are replaced by the words: "Monday following the last day of the vote" and the words: "the agents of the lists in attendance" are replaced by the words: "their agents";
2° In the second paragraph, after the words: "as many urns as there are", the words are inserted: "classes or".
Section R. 713-24 is amended as follows:
1° The first paragraph is replaced by the following provision:
"On the day of the counting of the vote, the starting list established from the "registration of the electors" is the voters' voting bootlist";
2° In the second paragraph, after the words: "the commission and one", the words "at least".
Section R. 713-27 is replaced by the following provisions:
"Art.R. 713-27.- Candidates who have obtained the largest number of votes in the election of the Chamber of Commerce and Industry of the Region are elected to the Chamber of Commerce and Industry of the Region and to the Chamber of Commerce and Territorial Industry and, where applicable, to a delegation. Their alternate is elected to the Chamber of Commerce and Territorial Industry and, where applicable, to the same delegation.
"After the allocation of seats provided pursuant to the preceding paragraph, candidates who obtained the largest number of votes in the election of the Chamber of Commerce and Territorial Industry shall be elected to the Chamber of Commerce and Territorial Industry and, where appropriate, to a delegation. »
After R. 713-27, an article R. 713-27-1 was created and an article R. 713-27-2 was written as follows:
"Art.R. 713-27-1.-At the end of the count, the Election Organization Commission shall prepare, for each election, a report signed by its president and members and proclaim the results of the public elections.
"These proclamations intervene no later than seventy-two hours after the defect begins.
"The minutes are forwarded to the Prefect of the Department of the Headquarters of the Territorial Chamber, which shall send a copy to the Minister responsible for the guardianship of Chambers of Commerce and Industry, the Chamber of Commerce and Territorial Industry and the Chamber of Commerce and Industry of the Region.
"The starting lists are transmitted to the same prefect. They can be consulted at the department prefecture under the conditions fixed by theArticle L. 68 of the Electoral Code.
"Art.R. 713-27-2.-At the end of the counting of the elections of the members of the Chambers of Commerce and Industry of the region, a regional committee of the prefect of the region or its representative, the president of the Chamber of Commerce and Industry of the region or its representative, and an elected representative of each Chamber of Commerce and Territorial Industry.
"The commission is regularly convened if it has at least half of its members.
"It collects the records of elections to the Chamber of Region, notes the election of candidates to the Chamber of Commerce and Industry of the Region and draws up the minutes of which it sends a copy to the Minister responsible for the guardianship of Chambers of Commerce and Industry, to the Chamber of Commerce and Industry of the Region and to the Chambers of Commerce and Territorial Industry.
"The Commission's secretariat is provided by the Director General of the Chamber of Commerce and Industry of the Region or an agent designated by its care within the Chamber of Commerce and Industry of the Region. »
In the first paragraph of article R. 713-28, after the words: "Commercial and Industry Chambers", the words "Territorial and Regional".
In the first paragraph of article R. 713-29, after the words: "Commercial and Industry Chamber", the words "Territorial or Regional".
In the second paragraph of article R. 713-32, the words: "by articles R. 713-65 to R. 713-68" are replaced by the words: "by articles R. 711-47 and R. 713-66. »
Section R. 713-34 is replaced by the following provisions:
"Art.R. 713-34.-The Election Organization Commission provided for in Article L. 713-17 and governed by the provisions of Article R. 713-13 is also competent to organize the election of consular delegates.
"However, for this mission, the secretariat is jointly provided by the Registrar of the Jurisdiction referred to in the second paragraph of Article R. 713-13 and by the Director General of the Chamber of Commerce and Territorial Industry or his representative. »
Section R. 713-35 is amended as follows:
1° In the first paragraph, the words "The Commission" are replaced by the words "I. ― The commission referred to in article R. 713-34";
2° In the third paragraph (2°), the words: "twenty-one days before the election date" are replaced by the words: "within thirteen days before the last day of the election";
3° The seventh and eighth preambular paragraphs shall be replaced by the following:
“II. — The provisions of Article R. 713-14 II apply to the election of consular delegates. »
Section R. 713-37 is amended as follows:
1° At the beginning of the first paragraph, a "I" is inserted;
2° In the second paragraph, the words: "designated persons" are replaced by the words: "designated captains and pilots" and the words: "before June 30" are replaced by the words: "before April 30 of the year of the renewal of consular delegates";
3° The third and fourth paragraphs are replaced by the following:
"II. ― Section III R. 713-1-1 is applicable to the establishment of the list of electors for the election of consular delegates. »
Section R. 713-38 is replaced by the following provisions:
"Art.R. 713-38.-The provisions of Article R. 713-2 apply to the election of consular delegates. »
Section R. 713-39 is replaced by the following provisions:
"Art.R. 713-39.-The provisions of Article R. 713-4 apply to the election of consular delegates. »
Section R. 713-40 is replaced by the following provisions:
"Art.R. 713-40.-The provisions of Article R. 713-5 apply to the election of consular delegates. »
The first paragraph of section R. 713-41 is replaced by the following:
"The Election Listing Commission is required to complete the list of persons who meet the requirement set out in section L. 723-4 to be eligible to serve as a Commercial Court Judge in elections under the provisions of section L. 723-11.
"It meets on the convocation of its President to consider applications for registration on the list of consular delegates presented by persons justifying that they fulfil the conditions of eligibility for the functions of consular delegate established in Article L. 713-10. »
Section R. 713-42 is replaced by the following provisions:
"Art.R. 713-42.-The provisions of Article R. 713-6 are applicable to the election of consular delegates. »
In the first paragraph of section R. 713-43, after the words: "No one can be a candidate in more than one category and subcategory," the words ", nor in more than one electoral district."
Section R. 713-44 is replaced by the following provisions:
"Art.R. 713-44.-The provisions of I, of the first, second and fifth paragraphs of II and of Article IV R. 713-9 shall apply to the election of consular delegates. »
Section R. 713-46 is replaced by the following provisions:
"Art. 713-46.-The provisions of the second and third paragraphs of Article R. 713-10 shall apply to the election of consular delegates. »
Section R. 713-47 is replaced by the following provisions:
"Art.R. 713-47.-The provisions of Article R. 713-11 apply to the election of consular delegates. »
Section R. 713-48 is replaced by the following provisions:
"Art.R. 713-48.-The provisions of Article R. 713-12 apply to the election of consular delegates. »
The first paragraph of Article R. 713-49 is deleted.
Section R. 713-50 is amended as follows:
1° In the first paragraph of I, after the words "at the prefecture", are inserted the words: "from the headquarters of the Chamber of Commerce and Territorial Industry";
2° After the seventh preambular paragraph (5°), a sub-item is inserted:
« 6° His registration number on the list of electors; » ;
3° The 6th becomes the 7th.
Section R. 713-51 is amended as follows:
1° In the first paragraph, after the words: "Monday following the closing date of the ballot", the words are inserted: "or, if this Monday is a holiday, the next working day";
2° In the second paragraph, after the words: "as many urns as there are", the words are inserted: "classes or".
Section R. 713-56 is amended as follows:
1° The first paragraph is replaced by the following paragraph:
"On the day of the counting of the vote, the starting list established from the "registration of the electors" is the starting list for the vote by mail. » ;
2° In the first sentence of the second paragraph, after the words "and one of the members of the commission" the words "at least."
Section R. 713-58 is replaced by the following provisions:
"Art.R. 713-58.-The supporting files are retained under the conditions set out in article R. 713-25. »
In R. 713-63, after the words: "Consular delegates" are added the words: "and members of the territorial and regional chambers of commerce and industry".
Section R. 713-66 is replaced by the following provisions:
"Art.R. 713-66.-I. ― During each general renewal, as well as in the case of amalgamation between chambers, the Chamber of Commerce and Industry of the Region and the Chamber of Commerce and Territorial Industry shall, each for its purpose and according to the criteria set out in articles L. 713-11, L. 713-12 and L. 713-13, carry out an economic weighting study.
"This study determines, on the one hand, the economic importance of the categories and, where appropriate, occupational subcategories within the Chamber of Commerce and Industry of the Region and the Chamber of Commerce and Territorial Industry, on the other hand the economic importance of the exchanges of the Chambers of Commerce and Territorial Industry within the Chamber of Commerce and Industry of the Region to which they are attached.
“II. ― The economic weighting study collects statistical data to establish, by category, subcategory and by division of business and territorial industry, the following data:
« 1° The number of nationals of the Territorial Chamber;
« 2° The sum of the foundations for the taxation of the corporate contribution due by its nationals;
« 3° The number of employees they employ.
"If the exchange of a Chamber of Commerce and Territorial Industry extends over two regions, these data are established separately in the territory of each region.
"These statistical data are collected by the Chamber of Commerce and Territorial Industry from tax services with respect to tax bases, which are provided by establishment, and from unions for the collection of social security contributions and family allowances with respect to the number of employees in the establishments.
"III. ― The study calculates the proportion of each occupational category within the Territorial Chamber and, where applicable, each sub-category for each of the three economic indicators listed in II of this article.
"The same calculation is done within the Chamber of Commerce and Industry of the region to establish the proportions represented, on the one hand by the categories and subcategories, on the other hand by the exchanges of the Chambers of Commerce and Territorial Industry.
"IV. ― When applying the second paragraph of Article L. 713-11, the Chamber of Commerce and Industry of the Region and the Chambers of Commerce and Territorial Industry attached to it define common occupational subcategories. The distribution is decided by the Chamber of Commerce and Industry of the region after consultation with the Chambers of Commerce and Territorial Industry.
"V. ― Economic weighting studies are delivered to the Prefect and the Regional Prefect by March 31 of the renewal year. Copie is transmitted to the assembly of French Chambers of Commerce and Industry.
"If the economic weighting study has not been communicated to the required date, or if the statistical data or calculations it presents are inaccurate or defective, the prefect of department or region of the room's headquarters shall carry out the necessary study as soon as possible at the expense of the deficient room. »
In R. 713-67, after the words: "Commercial and Industry Chambers", the words "Territorial and Regional" are inserted.
Section R. 713-68 is repealed.
Section R. 713-69 is repealed.
Section R. 713-70 is replaced by the following provisions:
"Art.R. 713-70.-The commission referred to in Article L. 713-14, known as the "election lists commission", is presided over by the judge responsible for the monitoring of the trade register and companies in whose jurisdiction is the seat of the Chamber of Commerce and Territorial Industry or its representative. It is composed, in addition to its president, of a representative of the prefect of the department where the headquarters of the Chamber of Commerce and Territorial Industry and the president of that chamber or of a member designated by his care are located.
"The commission shall meet on the convocation of its president, beginning January 1 of the year of each renewal.
"The Commission's secretariat shall be jointly provided by the Registrar of the competent court of first instance in commercial matters and by the Director General of the Chamber of Commerce and Territorial Industry or an officer designated by his care in the board.
"When the electoral district extends to the jurisdiction of several commercial tribunals, the judge responsible for the monitoring of the trade register and the clerk of those jurisdictions or their representatives participate in the work of the voter registration board.
"The commission can associate with its tasks the Chamber of Commerce and Territorial Industry.
"The services of the Chamber of Commerce and Territorial Industry provide technical assistance to the secretariat of the Commission. »
Articles 2 to 5 of Decree No. 66-570 of 30 July 1966 referred to above and articles 2 to 4 of Decree No. 66-571 of 30 July 1966 are repealed.
In the VI of Article 3 of Decree No. 99-433 of 27 May 1999 referred to above, after the words: "In the regions with a single department" are inserted the words "and in Mayotte".
For the 2010 election, the provisions of Title I of Book VII of the Commercial Code, in their drafting from this decree, apply subject to the following modifications:
1°A the second sentence of Article R. 711-18, the words: "beyond April 15 of the year in which the Chamber of Commerce and Territorial Industry is renewed" are replaced by the words: "beyond September 1, 2010";
2° In the first paragraph of R. 711-47, the words: "April 20 of the Year of the Renewal of Rooms" are replaced by the words: "September 2, 2010";
3° In the first paragraph of Article R. 711-47-1, the words: "April 20 of the Year of the Renewal of Rooms" are replaced by the words: "September 2, 2010";
4° In the first paragraph of Article R. 713-1-1, the words: "January 31 of the year of the renewal of the rooms" are replaced by the words: "August 10, 2010";
5° In the second paragraph of Article R. 713-1-1, the words: "before the last day of February of the same year" are replaced by the words "by 10 August 2010";
6° In the third and fourth paragraphs of Article R. 713-1-1, the words: "April 30 of the same year" are replaced by the words: "September 10, 2010";
7° In the first paragraph of Article R. 713-1-1, the words: "June 30 of the same year" are replaced by the words: "September 17, 2010";
8° In the second paragraph of Article R. 713-1-1, the words: "July 15 of the same year" are replaced by the words: "September 22, 2010";
9° In the first paragraph of Article R. 713-2, the words: "July 16 to August 25 included" are replaced by the words: "September 23 to October 7, 2010 included";
10° In I of Article R. 713-6, the words: "September 1" are replaced by the words: "October 7, 2010" and the words: "in the first Wednesday of November" are replaced by the words: "in the second Wednesday of December 2010";
11° In the last paragraph of R. 713-13, the words: "September 15 before the vote" are replaced by the words: "October 11, 2010";
12° In the second paragraph of Article R. 713-37, the words: "before April 30 of the year of the renewal of consular delegates" are replaced by the words: "before September 10, 2010";
13° In the V of Article R. 713-66, the words: "March 31 of the year of renewal" are replaced by the words: "August 13, 2010";
14° The second paragraph of section R. 713-70 is replaced by the following:
"The commission meets on the convocation of its president. The first meeting will take place no later than 10 August 2010. »
The provision provided for in 2° of article R. 711-68 of the same code, in its drafting from this decree, is not applicable for the 2010 election.
For the 2010 election, at 2° of the II of Article R. 713-66 of the same code, as the result of this decree, the words: "enterprise property contribution" are replaced by the words: "professional tax".
For the 2010 election, the members of the Regional Chamber of Commerce and Industry of Paris - Ile-de-France and the members of the Chambers of Commerce and Industry of Paris, Seine-et-Marne, Essonne and Versailles - Val-d'Oise - Yvelines are elected by department, in accordance with the provisions of title I of Book VII of the Commercial Code in its drafting from this decree, and in accordance with the schedule.
For these elections, the electoral commissions set out in the article L. 713-17 competent for the elections of the members of the Chambers of Commerce and Industry of Paris, Seine-et-Marne, Essonne and Versailles - Val-d'Oise - Yvelines are those respectively constituted under the prefects of Paris, Seine-et-Marne, Essonne and Yvelines. By derogation from the I of the article R. 713-17, the envelopes for the routing of votes are addressed respectively to the prefecture of the headquarters of the Chambers of Commerce and Industry of Paris, Versailles - Val-d'Oise - Yvelines, Essonne and Seine-et-Marne.
Article 16 of this Decree comes into force as of January 1, 2011.
The Minister of State, the Minister of Justice and Freedoms, the Minister of Economy, Industry and Employment and the Secretary of State for Trade, Crafts, Small and Medium Enterprises, Tourism, Services and Consumer Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, August 3, 2010.
François Fillon
By the Prime Minister:
Minister of Economy,
industry and employment,
Christine Lagarde
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
Secretary of State
responsible for trade, crafts,
small and medium-sized enterprises,
tourism, services and consumption,
Hervé Novelli
