The roles and missions of the Chambers of Commerce and Industry: how do they support French businesses?

The Chambers of Commerce and Industry (CCI) are much more than just registration offices or training centres. They form a complex network whose primary mission is to support the economic development of businesses and regions. But what do the CCIs actually do? Their actions are manifold and vary according to the level considered, from national to local. This article offers a detailed exploration of the missions entrusted to the various players in the CCI network: the general principles guiding their action, the strategic role of CCI France, the regional steering functions of the CCIRs, the local action of the CCITs, CCIDs and CCILs, and the cooperation tools provided by the interconsular groupings. For a quick and comprehensive overview, take a look at our complete guide to the Chambers of Commerce and Industry network.

General principles of the CCI's missions

Before examining the specific features of each level, it is worth recalling a few fundamental principles that underpin all the missions of the CCI network. As apublic institutionsThe services created and managed by the CCIs, whether on their own initiative, at the request of the public authorities or by virtue of a legal obligation, have the character of public services. This has long been confirmed by the Conseil d'Etat. In particular, this means that these services, even though they may be managed under a concession, do not have a legal personality separate from the chamber itself and are integrated into its budget.

A direct consequence of this public nature is that the missions carried out within this framework have a public purpose. general interest objective and are not for profit. This does not mean that they should be loss-making, but their primary purpose is not to make a profit.

At the heart of their action is a service mission for companies industrial, commercial and service businesses in their area, as well as business start-ups and takeovers. To this end, they provide information and advice useful to their development. They may also set up other assistance schemes, provided that they comply with competition law and keep analytical accounts that enable these potentially competitive activities to be distinguished from their public service missions. tax-financed.

Finally, to facilitate action and coordination, the various establishments in the network can correspond directly with each other and with the public authorities in their geographical area.

CCI France: network leader and national strategist

At the top of the pyramid is CCI France. This national public establishment plays a central role in coordinating and defining the strategic orientations for the entire network. Its primary mission is to represent national interests of trade, industry and services with the French government, the institutions of the European Union and on the international stage.

CCI France is responsible forcoordinating the entire network. It is she who draws up the national strategyIt adopts common intervention standards and ensures that local and regional chambers comply with them. It also develops a national range of services, which can then be adapted locally by the CCIRs. It is also responsible for managing national projects of interest to the entire network, although it may delegate project management to another chamber.

To ensure the coherence and efficiency of the network, CCI France has a number of tools at its disposal:

• It offers support functions regional and local chambers (technical, legal, financial, communications).
• It can act as purchasing office on behalf of all or part of the network.
• It can initiate or conduct audits on its own initiative or at the request of a chamber, to assess the operation or financial situation of an institution in the network. The conclusions and recommendations of these audits may, after an adversarial procedure, be binding on the chambers concerned, subject to the approval of the supervisory authority (the State).
• It can also carry out expert appraisal and consultancy services one-offs.

Internationally, CCI France coordinates the network's activities with those of the French International CCIs (CCIFI). It identifies companies with export potential and, in partnership with dedicated organisations such as Business France, helps them to expand abroad.

CCI France also plays a role in conciliation in the event of disputes between several chambers, before any legal action is taken. Finally, it is responsible for distribution of the proceeds of the tax on room charges (TFC) between the CCIRs, after deducting its own share to finance its missions and national projects. This distribution takes into account national objectives, the performance of the chambers and local needs, with a view to ensuring a level playing field.

An important aspect of its role is personnel management. CCI France defines the network's general policy in this area, negotiates and signs national collective agreements applicable to staff (which must be approved by the State if they have a financial impact), and sets the conditions for the recruitment and termination of the duties of the chambers' general managers.

The activities of CCI France are governed by a Contract of objectives and performance (COP) A multi-year agreement signed with the State, which sets out the priority missions financed by the tax and the expected performance indicators.

CCIRs: regional steering and pooling

The regional level is represented by the Regional Chambers of Commerce and Industry (CCIR). Their constituency corresponds to that of the administrative region (or territorial authority in Corsica). In regions where there is only one CCIT, it is this CCIT that carries out the tasks of the CCIR.

The CCIRs carry out all the tasks assigned to the network within their region. In particular, they consulted by the Regional Council on business support schemes and involved in drawing up the regional plan for land use planning and sustainable development (SRADDET). They can also provide project management or management of major regional infrastructure or facilitiesSome CCIRs may even act as the lead body for a number of projects, particularly in the transport sector, often under contract with the State or the Region. Some CCIRs can even act as economic development agency for their region.

However, their main role is tosupervise and support the activities of the CCITs (and CCID in Île-de-France). To do this, they have a number of levers at their disposal:

• They define the regional strategy of the network, which must be compatible with the Region's economic guidelines (in particular the regional plan for economic development, innovation and internationalisation - SRDEII).
• They draw up a blueprint which sets the number and boundaries of the CCIT/CCIL/CCID, taking into account territorial organisation, economic viability and the maintenance of local services. This plan is binding on the chambers concerned.
• They adopt sectoral plans in certain areas of activity (defined by decree) to provide a framework for CCIT projects.
• They allocate tax resources (part of the TFC received from CCI France) between the CCIT/CCIDs within their jurisdiction, after deduction of their own share. This distribution must comply with national and regional objectives and enable each chamber to carry out its local missions.
• They provide pooled personnel management. It is the CCIRs that recruit the private-sector staff (and manage the public-sector staff) and assign them to the CCITs, on the advice of their chairmen. Staff costs are therefore compulsory expenses for the CCITs.
• They provide pooled support functions (IT, legal, communications, etc.) to the chambers in their area.
• They can make an exceptional contribution to the budget of a CCIT in difficulty.
• They can act as purchasing office for the chambers in their constituency.
• They establish a shared action plan with the Chambers of Trades and Crafts (CMA) regional level.

In the field of professional trainingCCIRs draw up a regional schemein line with the Region's policy. They may set up and manage initial and continuing training establishments, in particular Consular Higher Education Establishments (EESC)These are specific structures which we will discuss later.

The CCIRs are also guided by the following principles agreements on objectives and resources (COM) These are multi-year agreements signed with the State and CCI France, in line with the national COP. These agreements set out the national objectives at regional level and serve as the basis for allocating the TFC. Failure to meet the objectives may result in funding adjustments.

Finally, a CCIR may decide, as part of its master plan, to transform an existing CCIT into a Local Chamber of Commerce and Industry (CCIL). The latter carries out local tasks but has no legal personality of its own, being integrated into the CCIR.

CCITs, CCIDs and CCILs: local action

These are the Territorial Chambers of Commerce and Industry (CCIT)the Ile-de-France Departmental Chambers of Commerce and Industry (CCID) and, where applicable, the Local Chambers of Commerce and Industry (CCIL) which provide the bulk of direct services to businesses on the ground.

Their primary mission is to represent the interests of industry, commerce and services of their constituency with local public authorities (prefecture, inter-municipalities, municipalities, etc.). They are involved in drawing up local planning documents (Schémas de Cohérence Territoriale - SCOT, Plans Locaux d'Urbanisme - PLU) and can even be delegated the right of commercial pre-emption by municipalities to intervene in commercial development. A CCIT located within the perimeter of a metropolis can also take on the name of Metropolitan CCI.

One of the CCIT/CCIDs' historic and major roles is to manage the Business Formalities Centres (CFE). These centres enable companies to complete the declarations relating to their creation, change of situation or cessation of activity in a single place (or via a single portal), which are then transmitted to the various bodies concerned (registry office, INSEE, tax, URSSAF...). However, the 2019 PACTE Act provides for gradual introduction of a national electronic one-stop shop by 2023, which will eventually replace the various existing CFE networks (CCI, CMA, URSSAF, etc.). The aim is to further simplify procedures for business start-ups. During the transition, the one-stop shop will coexist with the current CFEs, which will continue to provide assistance, particularly for entrepreneurs who are less at ease with digital technology. In addition to simply transmitting documents, the CFEs will also be responsible for advice to businesses on the choice of legal form or changes to the articles of association. The CCITs also organise introductory management courses for new entrepreneurs.

CCITs/CCIDs/CCILs carry out a wide range of other activities. services to companies of their territory, always within the framework of the guidelines defined by the CCIR to which they belong:

• They can provide project ownership or management of local infrastructure or facilities (business parks, business incubators, ports, airports - for the latter, the management of dedicated staff recruited before the PACTE Act remains their responsibility), if this is in line with regional sectoral plans.
• They create and manage economic databases on the companies in their district (in compliance with the RGPD). They may communicate categorical lists of companies, but not individual statements derived from CFE data.
• They issue certain official documents such as certificates of origin for export.

In terms of trainingCCITs/CCIDs can, like CCIRs, set up and manage Consular Higher Education Establishments (EESC). They are legal entities under private law (such as limited companies), with the majority of their capital held by the founding CCI or CCIs, possibly with other partners such as local authorities. These EESCs can develop training activities in France and abroad. The CCITs are also responsible forregistration of certain apprenticeship contracts.

To ensure better coverage of their territory, CCITs can set up internal delegations corresponding to specific areas of activity. These delegations, made up of elected members of the CCIT from this area, can relay local needs and be consulted by the administration.

Inter-communal groups: tools for cooperation

Lastly, the French Commercial Code authorises the CCITs and CCIRs to form interconsular groups. These groupings, which also have the status of public establishments, are created by decree to defend specific interests common to several chambers.

They may set up and administer establishments (e.g. a joint training centre, shared port facilities) or take part in operations to ensure the economic development of the area covered by the member chambers. They may also be declared concessionaires for public works or entrusted with public services, in the same way as an individual chamber. These groupings therefore provide a legal framework for closer cooperation between several CCIs on large-scale projects or shared issues.

The diversity and complementarity of the tasks carried out at each level of the network illustrate the CCIs' determination to adapt their action to the varied needs of businesses, from defining national strategies to providing very practical support on the ground.

For a personalised analysis of how the CCI's missions can meet your specific needs as an entrepreneur, our team is at your disposal. To help you make the best possible use of these services and protect your interests, don't hesitate to contact us. commercial lawyer.

Sources

• Commercial Code, in particular articles L. 710-1, L. 711-1 et seq, L. 711-8, L. 711-15 et seq, L. 711-16 et seq, L. 712-2, R. 711-1 et seq, R. 711-22 et seq, R. 711-32 et seq, R. 711-55 et seq.
• Code général des collectivités territoriales (concerning SRADDET and SRDEII).
• Code de l'urbanisme (concerning SCOT and PLU).
• Education Code (concerning EESCs).
• Labour Code (concerning vocational training and apprenticeships).
• Law no. 2019-486 of 22 May 2019 on the growth and transformation of businesses (PACTE).
• Decree no. 2019-1272 of 2 December 2019 on introductory management courses.
• Relevant case law of the Conseil d'État on the nature of CCI services.