Decree No.. 2001-1370 Of 31 December 2001 On The Organization Of The Review Board Business Practices

Original Language Title: Decree No. 2001-1370 of 31 December 2001 on the organization of the review board business practices

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Summary Article 51 of the law 2001-420 of 15 May 2001 on new economic regulations established a review board business practices. It is placed to the Minister for the Economy and its mission is to advise and make recommendations. It shall, in addition, a regular business practices observatory, billings and contracts between professionals. The law provides that the Committee shall consist of a deputy and a senator appointed by the standing committees of their Assembly competent for trade relations between suppliers and retailers, members, possibly fairies, administrative and judicial courts, representatives of the sectors of production and agricultural and fish processing, as well as industrial and artisanal, transformers, wholesalers, distributors and directors, as well as qualified personalities. It is chaired by a magistrate of the administrative or judicial order. It includes an equal number of representatives of producers and resellers. A decree shall determine the organization, the means and methods of operation of the Committee and the conditions necessary to ensure the anonymity of economic actors mentioned in the opinions and recommendations of the commission. This is the purpose of this Decree. Article 1 describes the Commission's tasks as defined by the Act. Article 2 relates to the composition of the commission. It includes nineteen members. It provides in particular a parity of five members and such alternate representatives among suppliers (production sectors and agricultural and fish processing, industrial and artisanal and transformers) and representatives of wholesalers and distributors. These members will be selected within the professional organizations or business sectors concerned. Article 3 specifies the organization of the commission, it includes examination rooms, each chaired by a magistrate and composed of an equal number of representatives of producers and distributors. Articles 4, 5, 7, 8 and 10 concerning the methods of operation of the commission. It is particularly intended that the Commission may validly deliberate in the presence of half of its members more one and that the opinions and recommendations are adopted by a majority of its members present; in the event of a tie, the casting President. Article 9 votes determined the conditions to ensure the anonymity of economic actors mentioned in the opinions and recommendations of the commission. Article 11 deals with the means of committee: the funds necessary for it to accomplish its mission are registered in the Ministry of Economy Budget, Finance and Industry. Text totally repealed. Keywords ECONOMICS, FINANCE, INDUSTRY, TRADE, TRADE PRACTICE COMMISSION REVIEW, REVIEW COMMISSION OF BUSINESS PRACTICES, CREATION, ORGANIZATION, OPERATION AND COMPOSITION Links subsequent Decree No.. 2002-1370 of 21 November 2002 amending Decree No. 2001-1370 of 31 December 2001 on the organization of the review board business practices JORF No.. 1 of January 1, 2002 page 25 text DECREE No.. Decree No. 7. 2001-1370 of 31 December 2001 on the organization of the commission review of business practices NOR: ECOC0100108D ELI: http://www.legifrance.gouv.fr/eli/decret/2001/12/31/ECOC0100108D/jo/texte to AKA: http://www.legifrance.gouv.fr / eli / decree / 2001/12/31 / 2001-1370 / OJ / Text Prime Minister, On the report of the Minister of Economy, Finance and Industry, Vu Book IV of the Commercial Code relating to free pricing and competition; Considering the code of consumption; Considering Law No.. 2001-420 of 15 May 2001 on new economic regulations, Decrees: Article 1 Learn more about this article... The review board business practices established by Article L. 440 - 1 of the Commercial Code is placed with the Minister for the Economy. Article 2 More about this article... This commission is composed of a deputy and a senator appointed by the standing committees of their Assembly competent for trade relations between suppliers and retailers and nineteen members and ten alternates appointed by joint decree of the Minister for the Economy and the Minister for Trade:-three members from the courts of the administrative or judicial order, among which will be appointed Chairman of the Committee; -Five members representing the sectors of production and agricultural and fish processing as well as industrial and artisanal and transformers, or alternates; -Five members representing the wholesalers and distributors in selected professional organizations or enterprises, or alternates; -Two qualified individuals on issues related to trade-relations industry. These members are appointed for three years. Their mandate is renewable once for the same duration. The alternate members will serve in the absence of the full members; -Four representatives of the administration: the Director General of Competition, Consumer Affairs and Fraud Control, the Director of trade, craft and service, the Director General of Industry, Information Technologies and positions at the Ministry of Economy, Finance and Industry, or their representatives, and the Director of Economic and International Policy at the Ministry of Agriculture and Fisheries or his representative. The appointment of judges of the administrative and judicial respectively made it the proposal of Vice President of the State Council and Minister of Justice, Minister of Justice. When considering a particular field, the Commission may call to serve in an advisory capacity representative suppliers and distributors of a representative field of activity. Article 3 More about this article... The examination room set up within the Committee shall be chaired by a magistrate and include an equal number of representatives of producers and distributors. Article 4 More about this article... The Chairman of the Committee may designate one or more rapporteurs for their jurisdiction. The secretariat of the Commission shall be provided by the General Directorate for Competition Policy, Consumer Affairs and Fraud Control. Article 5 More about this article... The Commission shall establish an internal regulation that sets its operating procedures. This regulation is approved by the Minister for the Economy. Article 6 More about this article... The committee may decide to publish opinions with the agreement of the applicant. Article 7 More about this article... Meetings of the Committee are not public. Investigators referred to in Article L. 440 - 1, sixth paragraph, of the Commercial Code may expected commission meetings when issues are discussed at the trial which they have, at the request of the Commission, provided assistance. Article 8 More about this article... The Committee can only validly deliberate in the presence of half of its members more one. Article 9 More about this article... The president must seek to ensure the anonymity of all documents, information collected prior investigation and their communication to the Committee reports. To this end, the secretariat of the Committee removes any registered statement or, if necessary, removes the parts making an identifiable person or business. Article 10 More about this article... The opinions and recommendations of the commission and chambers called to vote are adopted by a majority of their members present; in the event of a tie, the Chairman has a casting vote. Article 11 More about this article... The funding to the Commission for the accomplishment of its mission are registered in the Ministry of Economy Budget, Finance and Industry. Article 12 More about this article... The Minister of the Economy, Finance and Industry, the Minister of Justice, Minister of Justice and Secretary of State for Small and Medium Enterprises, Trade, crafts and consumption are responsible, each in respect of it, the execution of this decree, which will be published in the Official Journal of the French Republic. Done at Paris, 31 December 2001. Lionel Jospin By the Prime Minister: The Minister of Economy, Finance and Industry, Laurent Fabius The Minister of Justice, Minister of Justice, marylise lebranchu Secretary of State Small and Medium Enterprises, Trade, Crafts and Consumer Affairs, Francois Patriat

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