Key Benefits:
Public concerned: Fair trade companies.
Subject: definition of fair trade criteria.
Entry into force: the text comes into force on October 1, 2015.
Notice: this decree, taken for the application of theArticle 60 of Act No. 2005-882 of 2 August 2005 for small and medium-sized enterprises as amended byArticle 94 of Act No. 2014-856 of 31 July 2014 on the social and solidarity economy, the criteria for the economic disadvantage in which workers who benefit from fair trade are located, as well as the contractual terms that bind these beneficiaries to their customers.
References: This decree is available 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 la Act No. 2005-882 of 2 August 2005 in favour of small and medium-sized enterprises, including Article 60, as amended byArticle 94 of Act No. 2014-856 of 31 July 2014 relative to the social and solidarity economy;
Considering the opinion of the Autorité de la concurrence of 31 July 2015;
The State Council (Finance Section) heard,
Decrete:
Are considered to be in a situation of economic disadvantage within the meaning of II of Article 60 of the above-mentioned Act of 2 August 2005 workers in any of the following situations:
(a) Those who do not have access to the necessary economic and financial means and training to enable them to invest in their production and marketing tool;
(b) Those in situations of specific vulnerability due to their physical, economic, social or political environment;
(c) Those whose productions are linked to the resources and specificities of their territory and who usually only have access to the local market for the distribution of their products.
I. - The contract referred to in 1° of II of section 60 of the Act may provide for a non-reconductable trial period of up to one year.
II. - The price paid by the buyer mentioned in 2° of the same II and defined in the contract shall allow:
(a) To cover production costs;
(b) To pay sufficient remuneration to meet basic needs and improve the standard of living of workers and their families;
(c) To provide a margin for workers to make the necessary investments to improve the efficiency of their production and marketing tool.
The Decree No. 2007-986 of 15 May 2007 taken for application ofArticle 60 of Act No. 2005-882 of 2 August 2005 in favour of small and medium-sized enterprises and in respect of the recognition of fair trade conditions is repealed.
The provisions of this Decree come into force on 1 October 2015.
The Minister of Economy, Industry and Digital Affairs and the Secretary of State for Trade, Crafts, Consumer Affairs and Social and Solidarity Economy are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on September 17, 2015.
Manuel Valls
By the Prime Minister:
Minister of Economy, Industry and Digital,
Emmanuel Macron
The State Secretary for Trade, Crafts, Consumer Affairs and Social and Solidarity Economy,
Martine Pinville