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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

B. The Institutions of the EU

The Institutions of the EU are the Parliament, the Commission, the European Court of Justice, the Economic and Social Committee and with the Treaty of Maastricht the European Monetary Institute, the European Central Bank and the European Central Bank system.

a. The Parliament
The European Parliament, also called the Assembly, is located in the Franco-German border town of Strasbourg. It is charged under the Treaty of Rome with mainly advisory and supervisory responsibilities, and was not intended as a legislative body even though it assumes a substantial part in the legislative process and has recently been given veto powers over certain aspects of the EU budget. The Parliament has an advisory role under the Treaty of Rome but the Council has no obligation to follow its advice, although its powers have been strengthened in the Treaty of Maastricht and in the Amsterdam Treaty.

b. The Council
The Council consists of representatives of the Member States (one for each State) and is ensuring that the objectives of the Treaty of Rome are fulfilled. The Council is not a permanent body, its members having full-time responsibilities in their States either as ministers or as civil servants and meeting only a few days a month.

c. The Commission
The Commission has been described as the "guardian" of the Treaty. The Commission consists of twenty members (two from each of the four biggest members and Spain, and one from each of the other States). The members are appointed by the governments of the Member States, although in the performance of their duties they must not take any instructions from any government or any other body.

The Commission has three functions. First it is the promoter of Union’s action, with respect, for instance, to its role in the enactment of the directives. Secondly, it is the Union’s watchdog and thirdly, it functions as the executive of the EU. It is worth noting in particular that competition policy is enforced solely by the Commission.

d. The European Court of Justice
The European Court of Justice is in charge of the interpretation and application of Community law. It is the supreme authority on all matters of Community Law. Issues are brought before it by the national courts of the Member States or by the Member States themselves, following specific proceedings.

The case law of the European Court of Justice today is a fundamental source of law not only in the scope of the treaties but also in Human Rights field : its creative role has permitted to compensate the non-adhesion of the EU to the European Human Rights Convention as independent entity towards its Member States (although the current negotiations aim at this purpose).

e. Economic and Social Committee
The Economic and Social Committee has a consultative role in the EU decision-making process. It members are appointed by the Council in their personal capacity and represent a variety of interests such as farmers, workers, trade unionists and consumers.

f. The Comity of Regions
It includes 222 members and does represent the regional and local entities of the EU. Before any decision, the Council and Commission are under the obligation to consult the Comity of Regions.

g. Economic and Monetary Union (EMU)
The Economic and Monetary Union has been brought into operation in January 1999. Its three corner stones are a close coordination of the States’ economic policies, a unique currency (the "Euro"), and an irrevocable fixing of the rates of exchange.

On 2 May 1998, the Council of the EU unanimously decided that 11 Member States fulfilled the necessary conditions for the adoption of the single currency on the 1st of January 1999. These States are : Austria, Belgium, Finland, France, Germany, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Denmark, Greece and Sweden. The UK has not joined the EURO for the time being.

The European Central Bank (ECB) was created on the 1st of June 1998. It is partially independent. Its primary goal is price stability which should be gained through low interest rates, strong investment growth, high economic growth and employment policy.

The Global Economy has welcomed a new stabilizing force and Europe trading partners among which the U.S is most important, has gained from increased transparency, lower costs and great predictability in the E.U market.

France USA Allemagne Espagne Italie Russie