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Decree No. 2007-103 Of 25 January 2007 On The Organization And Functioning Of The Int. Committee

Original Language Title: Décret n° 2007-103 du 25 janvier 2007 relatif à l'organisation et au fonctionnement du comité int

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Summary

Repeal of the decree of 02-09-1942 concerning the financial status of the interprofessional committee for Champagne wine (unpublished).

Keywords

AGRICULTURE , WINE , CHAMPAGNE WINE , INTERPROFESSIONAL COMMITTEE , INTERPROFESSIONAL CHAMPAGNE WINE COMMITTEE , CIVC , ORGANIZATION , MISSION , RUNNING , COMPOSITION , COMPETENCE


JORF No. 23 of 27 January 2007 Page 1776
Text No. 35


DECRET
Decree n ° 2007-103 of 25 January 2007 on the organisation and operation of the interprofessional committee for Champagne wine

NOR: AGRP0600930D ELI: http://www.legifrance.gouv.fr/eli/decret/2007/1/25/AGRP0600930D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2007/1/25/2007-103/jo/texte


The Prime Minister,
On the report of the Minister of Agriculture and Fisheries and the Minister of Economy, Finance and Industry,
Given Regulation (EC) No 1493/99 The Council of 17 May 1999 on the common organisation of the market in wine;
In view of the general tax code;
Given the customs code;
Given the rural code;
Given the code of consumption;
Given the law of 12 April 1941, as amended Establishing an interprofessional committee for Champagne wine;
Given the amended Decree No. 55-733 of 26 May 1955 on the codification and development of the texts relating to the economic and financial control of the State,


. Item 1
The following professional provisions constitute the basic groupings of the Champagne Wine Interprofessional Committee within the meaning of Article 2 of the abovementioned Act of 12 April 1941:
-the Union Champagne winegrowers, winery owners, winemaking cooperatives and pressurizing companies managed by these two professions;
-the Union des maisons de Champagne, for the negotiators-manipulants, the Chamber traders and pressurizing companies managed by these two professions;
-the trade union of wine brokers deChampagne, for brokers and wine brokers.

Article 2 Read more about this Article ...


Members of the Executive Board and the Interprofessional Council and the Presidents shall be appointed for a renewable period of three years, subject to the terms and conditions specified in the Articles 4 and 5 of the Act of 12 April 1941 referred to above.
In the event of resignation or unavailability duly noted of one of them, it shall be replaced on the same terms and conditions of designation, for the remaining period to maturity of The period referred to in the first paragraph of this Article.

Article 3 Learn more about this Article ...


I. -The Executive Board shall deliberate on all matters which fall within the competence of the Interprofessional Committee on Champagne in accordance with the law of 12 April 1941 referred to above and, more generally, On any matter of inter-professional interest, as on any other matter referred to it by the Commissioner of the
. -Meetings of the Executive Board shall be chaired by the oldest of the
. -The Executive Board can validly deliberate only if at least eight of its members are present, including four representatives of the harvesters and four representatives of the
. -In the event of a persistent deadlock in the Executive Board which prevents the adoption of the measures provided for in Articles 8, 9 and 10 of the aforementioned Act of 12 April 1941, either of the Presidents may request the arbitration of the Government Commissioner. Arbitration shall be binding on the Executive Office and the Presidents, who shall make the necessary arrangements for the adoption of measures in accordance with arbitration.
V.-The Executive Board shall issue a rules of procedure and shall decide on the establishment of committees and Working groups, of which it establishes the composition, operating rules and programme of activity.

Article 4 More about this Article ...


I. -Presidents:
-convene the Executive Board and the Interprofessional Council and set the agenda for their meetings;
-are responsible for the implementation of decisions and deliberations Of the Executive Office;
-are members of the Commissions and working groups established by the Executive Board;
-may invite any member of a core group, any person representing the professions involved in the distribution Champagne wines, any person representing consumers or any member of the committee's staff to participate, without voting rights, in meetings of the Executive Board or the Interprofessional
. -The decisions taken pursuant to Articles 8 and 9 of the Act of 12 April 1941 shall be signed by the
. -At the request of the Commissioner of the Government, the chairpersons are required to invite any agent of the State or a public institution which he designates to participate, without voting rights, in meetings of the Executive Board or the Interprofessional Council.

Item 5 Learn more about this Article ...


I. -In order to deliberate, the Interprofessional Council must have more than half its members. Meetings are chaired by a member elected by a majority of the members
. -The opinions of the Interprofessional Council shall be adopted by a two-thirds majority of the members present. They shall be transmitted without delay to the chairpersons.

Article 6 Learn more about this Article ...


I. -The Disciplinary Board referred to in Article 11 of the Act of 12 April 1941 shall be composed of the members of the Executive Board, under the chairmanship of a qualified person appointed by the Commissioner of Government. In addition, when the offender exercises a profession that is not represented in the Executive Office, representatives of that profession in the Interprofessional Council.
II. -The investigation referred to in the first paragraph of Article 11 of the aforementioned Act of 12 April 1941 is conducted by two members of the Executive
. -The Disciplinary Board can validly deliberate only if two-thirds of its members are present. It shall take its decisions by a majority of the members present, the President having a casting vote in the event of sharing.
The two members of the Executive Board responsible for investigating the alleged acts shall not participate in the deliberations.

Article 7 Read more about this Article ...


The Director shall assist the Presidents and shall exercise any delegation or representation which they entrust to it jointly or separately. It contributes to the preparation and execution of the deliberations of the Committee and the measures taken pursuant to Articles 8, 9 and 10 (1 ° and 2 °) of the aforementioned Act of 12 April 1941. It ensures the operation of the services, prepares the budget, executes it and incurs expenditure under the authority of the chairpersons. It recruits, animates, manages and revos staff. It may participate, with a consultative vote, in all meetings of all inter-professional bodies and may delegate its signature and part of its powers to the agents under its authority.

Article 8 Read more about this Article ...


The approval of the budget of the interprofessional committee of the Champagne wine comes within two months of its receipt by the ministers responsible for agriculture and the economy respectively. Any silence after this period is valid.

Article 9 Read more about this Article ...


The interprofessional committee of Champagne wine is subject to the economic and financial control of the state provided for by Decree No. 55-733 of 26 May 1955, as amended
Without a vote, at meetings of the Executive Board, and request the chairpersons of all documents necessary to carry out their duties.

Item 10 About More on this article ...


The Champagne Wine Committee reports annually to ministers responsible for agriculture and the economy. To this end, it provides them with:
-its financial accounts;
-a record of its action and the minutes of the meetings of the Executive Board;
-a report on the implementation of the measures it takes, under Articles 8 and 9 of the Law of 12 April 1941 referred to above;
-any other document necessary for the exercise of the control power of the Authorities concerned.
The Commissioner of the Government receives the minutes of all meetings of the Executive Board, of the Board Interprofessional, commissions and working groups. Any document held by the committee may be disclosed.

Article 11
Decree of 8 September 1941 concerning the organisation of the interprofessional committee of the Champagne wine and the decree of 2 September 1942 concerning the financial status of the interprofessional committee of the Champagne wine Are repealed.

Item 12
The Minister of Economy, Finance and Industry, the Minister of Agriculture and Fisheries, and the Minister Delegate to the Budget and State Reform, Government Spokesperson, are responsible for each As regards the execution of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, January 25, 2007.


Dominique de Villepin


By the Prime Minister:


The Minister of Agriculture and Fishing,

Dominique Bussereau

Minister of Economy,

Finance and Industry,

Thierry Breton

The Minister delegated to the

budget and state reform,

spokesman for the Government,

Jean-François Copé


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