Key Benefits:
Publics concerned: any public.
Subject: codification in Trade code of the provisions of the Decree No. 2009-1774 of 30 December 2009 relating to the Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon and carrying various provisions relating to this territorial community.
Entry into force: the text comes into force on the day after its publication.
Notice: this decree codifies to the constant law in the Trade code regulatory provisions relating to the Chamber of Agriculture, Commerce, Industry, Trades and Crafts of Saint-Pierre-et-Miquelon and repeals the regulatory provisions of the Code of Commerce, relating to the maintenance in office of the elected members of the Chambers of Commerce and Industry in the event of a dispute over their election until the judge has finally ruled, which have been raised at the legislative level.
References: this decree, taken for the application of the Act No. 2014-626 of 18 June 2014 on handicrafts, trade and very small businesses can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy, Industry and Digital Affairs,
Vu le Trade code, in particular title I of his book VII;
The State Council (Finance Section) heard,
Decrete:
Sections D. 917-1 to D. 917-10 of the Commercial Code are replaced by the following provisions:
"Art. R. 917-1.-Article R. 711-1 is as follows:
“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. ”
"Art. D. 917-2.-Article D. 711-9 is as follows:
“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, establish an indicator of activity, quality and performance, as provided for in Article D. 711-56-1, that it transmits to the Assembly of French Chambers of Commerce and Industry. ”
"Art. D. 917-3.-A Article D. 711-10:
“(a) The first paragraph is as follows:
“ “ The Chamber of Agriculture, Trade, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon has a mission of service to agricultural, industrial, commercial, artisanal and community service companies. “ ;
“(b) In the second paragraph, the words: “they create and manage” and: “ bring” are replaced respectively by the words: “it creates and manages” and: “ brings”;
"(c) In the third paragraph, the words: “they may” are replaced by the words: “it may”.
"Art. R. 917-4.-A Article R. 711-13:
“(a) The second preambular paragraph reads as follows:
“ “ The Chair and the two Vice-Chairs represent each of the three colleges provided for in section L. 917-1-1. “ ;
“(b) The third paragraph is not applicable.
"Art. R. 917-5.-A Article R. 711-15:
“(a) In the first paragraph, after the words: “office members”, 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:
“ “ Applicants 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 C of I of Article R. 917-17.
“ “ 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 to the II of Article 6 of Decree No. 99-433 of 27 May 1999 on the composition of the Chambers of Crafts and their election. ”
"Art. D. 917-6.-Article D. 711-67 reads as follows:
“Art. D. 711-67.-The Chamber of Agriculture, Commerce, Industry, Trades and Crafts of Saint-Pierre-et-Miquelon carries out the tasks of consulting, representation and services to companies in the sectors of activity within its scope of competence defined in Article L. 917-1. ”
"Art. D. 917-7.-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: “the chamber of agriculture, commerce and industry”
"Art. D. 917-8.-A 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 referred to in Article D.- It is added a sentence:
“ “ Mandatory missions within the competence 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. ”
"Art. R. 917-9.-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 meets in general assembly all colleges.
“ “ The board can only validly deliberate if the number of members present exceeds half the number of members in office. ”
"Art. R. 917-10.-In the first paragraph of Article R. 712-1, the words: " establishments of the network of chambers of commerce and industry" are replaced by the words: " of the chamber of agriculture, commerce, industry, trades and crafts of Saint-Pierre-et-Miquelon". »
After the article R. 917-10 of the same code are inserted the articles R. 917-11 to R. 917-33 as follows:
"Art. R. 917-11.-Article R. 712-2 is as follows:
“Art. R. 712-2.-The guardianship of the Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon is provided by the prefect of the territorial community of Saint-Pierre-et-Miquelon, assisted by the treasurer-general. ”
"Art. R. 917-12.-A l'article R. 712-4-1, les mots : " le président de la chambre de région, sur proposition le cas échéant du président de la chambre territoire," sont modifiés par les mots : " le président de la chambre d'agriculture, de commerce, d'industrie, de métiers et de l'artisanat".
"Art. R. 917-13.-The last paragraph of section R. 712-8 and the third paragraph of section R. 712-11 are not applicable.
"Art. R. 917-14.-In the first paragraph of section R. 712-16, the words: "information relating to the use of the room fee" are deleted.
"Art. R. 917-15.-The fourth paragraph of Article R. 712-34 is not applicable.
"Art. R. 917-16.-A. Article R. 713-1-1:
“(a) In the first, third and fourth preambular paragraphs, the words: “Trade and Territorial Industry Chamber” are replaced by the words: “A Chamber of Agriculture, Trade, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon”;
“(b) 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 transmits to the prefect no later than March 31 the list of natural persons and social leaders of legal persons registered or mentioned in the register of trades and the director of agriculture and forest provides, within the same period, the list of persons registered or mentioned in the registers. “ ;
"(c) The following two sentences are added at the end of the fourth paragraph:
“ “ The board also applies to companies registered in the Register of Trades held by the board for the identification or designation of electors under the activities defined in theAnnex to Decree No. 98-247 of 2 April 1998 relating to craft qualification and the repertoire of trades. It also sends a questionnaire to farmers and agricultural businesses registered in the Farmers Register as provided for in Article R. 917-17. “ ;
"(d) In the seventh paragraph, the words: “by category and, if applicable, professional subcategory” are replaced by the words: “by college”.
"Art. R. 917-17.-The first paragraph of section R. 713-8 is replaced by the following:
"I.-A.-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.
“ “B.-Any elector who meets the conditions set by the article 5 and II of the article 6 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.
“C.-1° Electors in the college representing the activities of the agricultural sector are the natural persons and social leaders of the legal persons registered in the Register of Farmers of Saint-Pierre-et-Miquelon fulfilling the following conditions:
“(a) Being 18 years old;
“(b) Be subject to the social insurance fund of Saint-Pierre-et-Miquelon.
“ “ Electors must not have been the subject of any of the convictions referred to in Article L. 713-3;
« 2° Eligible to the college representing the activities of the agricultural sector are natural and legal persons who meet the conditions set at 1° and who have been registered in the register of farmers for at least two years at the closing date of the poll;
“ “3° a) 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;
“(b) The Prefect of the Territorial Community of Saint-Pierre-et-Miquelon establishes and maintains the Register of Farmers of Saint-Pierre-et-Miquelon.
“ “ No one can be a candidate in more than one college. ”
"Art. R. 917-18.-Article R. 713-9 is as follows:
“Art. R. 713-9.-Applications are declared in writing at the prefecture.
“ “ Nominations shall be admissible on the day fixed by the voters' summons order set out in R. 713-6 and until the fortieth day preceding the last day of the election at 12 o'clock.
“ “ The application statement indicates the name, surnames, sex, date and place of birth of the candidate under the college representing the activities of trade, industry and services, his nationality, the name and address of the company in which he or she exercises his or her functions, the college in which he or she presents himself and his registration number on the list of electors.
“ “ Each candidate certifies to the prefect, in the form of a statement on honour, that he meets the eligibility requirements set out in article L. 713-4 and that he is not affected by any of the incapacities set out in article L. 713-3.
“ “ Each 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 C of Article R. 917-17.
“ “ Each candidate from 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 B of I of article R. 917-17. ”
"Art. R. 917-19.-A Article R. 713-10:
“(a) After the words: “candidate” are inserted the words: “at the college representing the activities of the industry, trade and services sector”;
“(b) The following sentence is added at the end of this first paragraph:
“ “ The same applies to applications to the college representing the activities of the agricultural sector meeting the conditions set out in C of I of article R. 917-17 and for those who meet the conditions set out in B of I of the same article for candidates under the college representing the activities of the crafts and trades sector. ”
"Art. R. 917-20.-In the third paragraph of section R. 713-12, the words "of the Minister of Justice and the Minister responsible for the guardianship of Chambers of Commerce and Industry" are replaced by the words "of the Minister of Justice, the Minister responsible for the guardianship of Chambers of Commerce and Industry, the Minister responsible for the guardianship of Chambers of Agriculture, the Minister responsible for the guardianship of Chambers of Trade and
"Art. R. 917-21.-A Article R. 713-13:
“(a) The first paragraph is as follows:
“ “ The commission provided for in Article L. 713-17, referred to as the "Commission d'organisation des élections", competent to organize, in the exchange of the Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon, is presided over by the prefect of the territorial community of Saint-Pierre-et-Miquelon and includes: ";
“(b) In the second paragraph, the words: “Trade and Territorial Industry Chamber” are replaced by the words: “A Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon”;
"(c) The third is not applicable.
"Art. R. 917-22.-A Article R. 713-14:
“(a) At 2°, the word “category” is replaced by the word “college”;
“(b) In the seventh preambular paragraph, the words: “Trade and Territorial Industry Chamber” are replaced by the words: “A Chamber of Agriculture, Trade, Industry, Trade and Crafts of Saint-Pierre-et-Miquelon”.
"Art. R. 917-23.-A. R. 713-15, the words "of the Minister responsible for the guardianship of the Chambers of Commerce and Industry" are replaced by the words "of the prefect of the territorial community of Saint-Pierre-et-Miquelon".
"Art. R. 917-24.-A Article R. 713-17:
“(a) At 7° 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 the II, the words: “ chamber of commerce and industry” are replaced by the words: “ chamber of agriculture, commerce, industry, crafts and crafts of Saint-Pierre-et-Miquelon”.
"Art. R. 917-25.-A Article R. 713-18:
“(a) In the second paragraph, the words “categories or 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”.
"Art. R. 917-26.-A 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 “the category, the occupational sub-category or the delegation” are replaced by the words “the college”.
"Art. R. 917-27.-A Article R. 713-27-1:
“(a) The third paragraph is replaced by the following:
“ “ Minutes are transmitted to the Prefect of the Territorial Community, who shall send a copy to the Minister responsible for the guardianship of the Chambers of Agriculture, the Minister responsible for the guardianship of the Chambers of Commerce and Industry, the Minister responsible for the guardianship of the Chambers of Crafts and the Chamber of Agriculture, Trade, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon. “ ;
“(b) In the last paragraph, the words “department” are replaced by the words “of the territorial community”.
"Art. R. 917-28.-In the first paragraph of Article R. 713-28, the words: "at the local and local trade and industry chambers" are replaced by the words: "at the chamber of agriculture, commerce, industry, trades and crafts of Saint-Pierre-et-Miquelon".
"Art. R. 917-29.-In the first paragraph of Article R. 713-29, the words: "of a Chamber of Commerce and Territorial Industry or Region" are replaced by the words: "of the Chamber of Agriculture, Trade, Industry, Trade and Crafts of Saint-Pierre-et-Miquelon".
"Art. R. 917-30.-A Article R. 713-65:
“(a) After the words: “L. 713-11” are added the words: “; these professional categories are the activities of the college representing the activities of the industry, trade and services sector”;
“(b) The following two paragraphs are added:
“ “ 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 provided for in article R. 917-17;
“ “ The activities of the college representing the activities of the craft and trades sector are those fixed by theAnnex to Decree No. 98-247 of 2 April 1998 relating to craft qualification and the repertoire of trades. ”
"Art. R. 917-31.-A Article R. 713-66:
“(a) The first paragraph of I is as follows:
“ “ During each general renewal, the Chamber of Agriculture, Trade, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon shall carry out according to the criteria set out in articles L. 713-11, L. 713-12 and L. 713-13 an economic weighting study. “ ;
“(b) The second paragraph of I is thus drafted:
“ “ This study determines the economic importance of colleges provided for in Article L. 917-1-1. “ ;
"(c) In II, the words: “by category, by subcategory and by exchange of chambers of commerce and territorial industry” are replaced by the words: “by college”;
"(d) At 1° of II, the words “of the territorial chamber” are deleted;
“e) 2° of II is not applicable;
“(f) In III, the words: “of the territorial chamber each professional category and, if applicable, each subcategory” are replaced by the words: “of the chamber of agriculture, commerce, industry, trades and crafts of Saint-Pierre-et-Miquelon each college”;
“(g) The following paragraph is added:
“ “ The number of members of each college is equal. ”
"Art. R. 917-32.-A l'article R. 713-67, les mots : "The Chambers of Commerce and Territorial Industry and Region" are replaced by the words : "the Chamber of Agriculture, Commerce, Industry, Trades and Crafts of Saint-Pierre-et-Miquelon".
"Art. R. 917-33.-A Article R. 713-70:
“(a) In the first, third, fifth and sixth preambular paragraphs, the words: “Trade and Territorial Industry Chamber” are replaced by the words: “A Chamber of Agriculture, Trade, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon”;
“(b) The first paragraph is supplemented by the following sentence:
“ “ It establishes the electoral lists of each of the three colleges referred to in Article L. 917-1-1. “ ;
"(c) The fifth 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. “”.
The last paragraph of section R. 713-28 of the same code is repealed.
Decree No. 2009-1774 of 30 December 2009 on the Chamber of Agriculture, Commerce, Industry, Crafts and Crafts of Saint-Pierre-et-Miquelon, which deals with various provisions relating to this territorial community is repealed.
The Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government, the Minister of Economy, Industry and Digital Affairs, the Minister of Overseas and the Secretary of State for Trade, Crafts, Consumer Affairs and Social and Solidarity Economy are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on February 18, 2015.
Manuel Valls
By the Prime Minister:
Minister of Economy, Industry and Digital,
Emmanuel Macron
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
Minister of Overseas,
George Pau-Langevin
The State Secretary for Trade, Crafts, Consumer Affairs and Social and Solidarity Economy,
Carole Delga
