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Order No. 2011-821 July 8, 2011 On The Adaptation In Saint Pierre And Miquelon And Mayotte Of Act No. 2010-853 From July 23, 2010 Consular Networks, Trade, Crafts And Services

Original Language Title: Ordonnance n° 2011-821 du 8 juillet 2011 relative à l'adaptation à Saint-Pierre-et-Miquelon et à Mayotte de la loi n° 2010-853 du 23 juillet 2010 relative aux réseaux consulaires, au commerce, à l'artisanat et aux services

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Application texts

Summary

Application of the Constitution, including article 38; Act No. 2010-853 of 23 July 2010 on consular networks, trade, crafts and services, including article 47. Change of the trade code. Amendment of Order No. 77-1106 of 26 September 1977, as amended, extending and adapting to the territorial community of Saint-Pierre-et-Miquelon various legislative provisions relating to the industrial, agricultural and commercial domain: amendment of Article 19. Order ratified by Article 30-II-1° of Act No. 2012-1270 of 20 November 2012.

Keywords

ECONOMIE , ARTICLE 38 , CODE OF TRADE , ADAPTATION , OUTER-MER , SAINT-PIERRE-ET-MIQUELON , CHAMBRE D'AGRICULTURE DE COMMERCE INDUSTRIE OF METIERS AND ARTISANAT , CACIMA , ASSEMBLEE , ELECTION , CHAIR , MODE DE NOMINATION , MAYOTTE , CHAMBRE DE COMMERCE ET D'INDUSTRIE , CCI , COMPETENCE , RECRUTEMENT , MANAGEMENT , PERSONNEL OF PUBLIC ROIT

Legislative records




JORF n°0158 of 9 July 2011 page 11929
text No. 22



Order No. 2011-821 of 8 July 2011 on adaptation to Saint-Pierre-et-Miquelon and Mayotte of Act No. 2010-853 of 23 July 2010 on consular networks, trade, handicrafts and services

NOR: EFII1113179R ELI: https://www.legifrance.gouv.fr/eli/ordre/2011/7/8/EFII1113179R/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/ordre/2011/7/8/2011-821/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister of Economy, Finance and Industry,
Having regard to the Constitution, including article 38;
Vu le Trade codeincluding Book VII and Book IX;
Vu le general code of territorial authoritiesincluding the title I of Book IV of Part VI;
Vu la Act No. 52-1311 of 10 December 1952 amended with respect to the mandatory establishment of a statute of the administrative staff of the Chambers of Agriculture, Chambers of Commerce and Chambers of Trade;
Vu la Act No. 2010-853 of 23 July 2010 amended on consular networks, trade, handicrafts and services, including Article 47, II;
See?Order No. 77-1106 of 26 September 1977 amended to extend and adapt to the territorial community of Saint-Pierre-et-Miquelon various legislation relating to the industrial, agricultural and commercial domain, including its title IV;
Considering the referral of the territorial council of Saint-Pierre-et-Miquelon dated 26 May 2011;
Considering the referral of Mayotte General Council dated 27 May 2011;
The State Council (Finance Section) heard;
The Council of Ministers heard,
Order:

  • Chapter I: Arrangements for adaptation to Saint-Pierre-et-Miquelon Article 1 Learn more about this article...


    The trade code is thus modified:
    1° The 5th of Article L. 910-1 is replaced by the following provisions:
    « 5° L. 711-2 (second and last subparagraphs), L. 721-1, L. 721-2, L. 722-1 to L. 724-7, L. 741-1 to L. 743-11 and L. 750-1 to L. 761-11, as well as provisions relating to regional chambers of commerce and industry in chapters I, II and III of Book VII title I. » ;
    2° After Article L. 917-1, an article L. 917-2 and an article L. 917-3 were reinstated as follows:
    "Art. L. 917-2.-The Chamber of Agriculture, Trade, Industry, Trades and Crafts Recruits and manages private law personnel and public law personnel, including those subject to the statute provided by the Act No. 52-1311 of 10 December 1952 relating to the compulsory establishment of a statute of the administrative staff of the Chambers of Agriculture, Chambers of Commerce and Chambers of Trade.
    "Art. L. 917-3.-The assembly of the Chamber of Agriculture, Trade, Industry, Trade and Craft elects its president among its members. » ;
    3° Section L. 917-4 is replaced by the following provisions:
    "Art. L. 917-4.-For the purposes of Article L. 712-2, the words: "from the network by means of taxation of any kind assigned to the chambers of commerce and industry of the region" are replaced by the words: "from the chamber of agriculture, commerce, industry, trades and crafts as stated in the provisions of tax code applicable in the community. »

    Article 2 Learn more about this article...


    In article 19 of Order No. 77-1106 of 26 September 1977 referred to above, after the words: "to the Chambers of Commerce and Industry", the word "Territorial".

  • Chapter II: Adaptation Provisions for Mayotte Article 3 Learn more about this article...


    The trade code is thus modified:
    1° The 7th of Article L. 920-1 is replaced by the following provisions:
    « 7° Titles I to IV of Book VII, with the exception of articles L. 712-2 and L. 712-4 and provisions relating to chambers of commerce and industry in the region of chapters I, II and III of Title I";
    2° In article L. 920-2, it is re-established a 4° as follows:
    "4°" Chamber of Commerce and Territorial Industry" by "Mayotte Chamber of Commerce and Industry".
    3° Section L. 927-1 is amended as follows:
    (a) The 1° is replaced by the following:
    « 1° Article L. 711-2 states:
    " The Mayotte Chamber of Commerce and Industry is associated with the development of the sustainable development and development plan and local plans for urban planning.” » ;
    (b) At 2° of Article L. 927-1, the words: "From the first paragraph of Article L. 711-5," are replaced by the words: "From Article L. 711-4, the words: "in the framework of the sectoral diagrams mentioned in Article L. 711-8 and ";
    4° After Article L. 927-1, it is inserted an article L. 927-2 and an article L. 927-3 as follows:
    "Art. L. 927-2.-The Mayotte Chamber of Commerce and Industry recruits and manages private law personnel and public law personnel, including those subject to the status prescribed by the Act No. 52-1311 of 10 December 1952 relating to the compulsory establishment of a statute of the administrative staff of the Chambers of Agriculture, Chambers of Commerce and Chambers of Trade.
    "Art. L. 927-3.-The Mayotte Chamber of Commerce and Industry Assembly elects its president from among its members. »

  • Chapter III: Final provisions Article 4 Learn more about this article...


    A decree in the Council of State sets out the modalities for the application of this order.

    Article 5 Learn more about this article...


    The Prime Minister, the Minister of the Interior, Overseas, Territorial and Immigration communities, the Minister of Economy, Finance and Industry, and the Minister to the Minister of the Interior, Overseas, Territorial and Immigration, in charge of the Overseas, are responsible, each with respect to it, for the application of this Order, which is published in the French Journal.


Done on 8 July 2011.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister of Economy,

finance and industry,

François Baroin

The Minister of the Interior,

of the Overseas, territorial authorities

and immigration,

Claude Guéant

The Minister to the Minister of Interior,

of the Overseas, territorial authorities

and immigration, in charge of the overseas,

Marie-Luce Penchard


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