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TABLE OF CONTENTS

INTRODUCTION :
The European Union (EU)
The European Free Trade Area (EFTA)
The forthcoming accession of the Central and Eastern European states
Transatlantic economic relations

Part 1 - General Comments Concerning the EU

A. From the Treaty of Rome to the Treaty of Maastricht

B. The Institutions of the EU
a. The Parliament
b. The Council
c. The Commission
d. European Court of Justice
e. Economic and Social Committee
f. Comity of Regions
g. Economic and Monetary Union (EMU)
C. Legislative Acts
D. The Common Market
a. Free Movement of Goods
b. Free Movement of Services
c. Free Movement of Persons
d. Free Movement of Capital
e. The Schengen Agreement

Part 2 - Establishing in France

A. Different Forms of Presence
1- Basic setting-up
a. Setting up without officially registered representation
b. The liaison office : Exempt from corporate income tax and VAT
c. Branch offices : A good temporary arrangement

2- Limited Liability Companies
a. Société Anonyme (SA)
b. Société Anonyme Simplifiée (SAS)
c. Société à Responsabilité Limitée (SARL)
d. Entreprise Unipersonnelle à Responsabilité Limitée (EURL)

3 - French Partnerships and Similar Structures and Non-corporate Contractual Arrangements
a. Société en nom collectif (SNC)
b. Groupement d'intérêt commun (GIE)

4 - Distributorship Agreements
a Distributorship Agreement
b. Commercial Agency Agreement
c. Franchise Agreement

5 - Joint Ventures in France

B. Investment Incentives Available
1 - The "Prime d'Aménagement du Territoire" (P.A.T) granted by the DATAR
2 - The Regional Grant for New Businesses (P.R.C.E.)
3 - The Redevelopment Agencies
4 - Preferential Tax Regimes
5 - Temporary exemption from the Business tax
6 - Tax exemptions are available for acquisitions of ailing firms
7 - National social measures
8 - Research & Development
9 - Local financial support
10 - Export guarantees and financial assistance

C. Conditions Required for Establishing Presence
a. The Export of Capital to France
b. The Export of Goods to France
    (i) Customs regulations
    (ii) Value Added Tax (VAT)
    (iii) Exemptions from customs duty and the VAT
c. The Export of Services to France
d. Conditions imposed on non-EU workers in France
    (i) long-term Visas
    (ii) Business Permits
    (iii) Social Welfare; Employment Conditions

D. Certain Rules Concerning Some Specific Fields of Services
a. Architects
b. Management Consultants
c. Audio-Visual Communications
d. Data Processing
e. Advertising

 

A Guide to Exporting to Europe
An Advisory Paper Presented by the International Law Firm
SCP Weissberg - Gaetjens - Ziegenfeuter
Copyright 1997-2000 WGZ


I. GENERAL COMMENTS CONCERNING THE EU

A. From The Treaty of Rome to the Treaty of Maastricht

The European Economic Community (EEC) came into existence following the signing of the Treaty of Rome in 1957 by the six original Member States. The principal object of the Treaty was the creation of a single unified market within its Member States. The United Kingdom, Denmark, and the Republic of Ireland acceded to the Community in 1973, Greece in 1979, Spain and Portugal in 1986 and Austria, Sweden and Finland in 1996.

The Treaty of Rome is essentially an agreement of principle. For the fulfillment of its objective, it specifically envisages the free movement of goods, services, persons and capital within the Member States. The Treaty also defines and creates the institutions charged with the duties of managing, controlling and implementing the numerous steps required to result in the creation of a single European market.

The idea of a single market, as envisaged in 1957, has been taken substantially further by the Single European Act of 1986 entered into among the Member States and which envisages close economic and monetary cooperation as well as a close harmonization of social, scientific, technological and environmental policies.

Under the Treaty of Maastricht ratified by the Member States on February 7th, 1992, the EEC was replaced by the European Union, characterized by economic and monetary union, and common policy in matters of justice, security and foreign affairs. The Member States also planned the creation of a common currency named "Euro" which has entered into circulation in 1999.

Remark : The Treaty of Rome is still in existence.

Copyright 1997-2000 SCP Weissberg - Gaetjens - Ziegenfeuter

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