French Public procurement code
In forceFor the application of the legislative provisions of Book I in New Caledonia:
1° In article L. 2112-4, the words: "of the Member States of the European Union" are replaced by the words: "of the Republic";
2° In article L. 2113-5, the word: "other" is deleted;
3° In article L. 2113-8, the word: "other" is deleted;
4° In article L. 2113-12, the references to articles L. 5213-13 of the Labour Code and L. 344-2 of the Social Action and Family Code are replaced by references to locally applicable provisions having the same purpose;
5° In article L. 2113-13, the reference to article L. 5132-4 of the Labour Code is replaced by a reference to locally applicable provisions having the same purpose;
6° In article L. 2141-1, the references to articles 1741 to 1743, 1746 and 1747 of the General Tax Code are replaced by locally applicable references having the same purpose, and the words: "as well as for equivalent offences under the legislation of another Member State of the European Union" are deleted;
7° In article L. 2141-3, the references to the Commercial Code are replaced by locally applicable references having the same purpose;
8° In article L. 2141-4 :
a) In 1°, the words: "for failure to comply with the obligations set out in articles L. 8221-1, L. 8221-3, L. 8221-5, L. 8231-1, L. 8241-1, L. 8251-1 and L. 8251-2 of the Labour Code" are replaced by the words: "for an offence relating to undeclared work, illegal employment of foreign nationals and bargaining as defined by locally applicable legislation" and the words: "of article L. 1146-1 of the same code or" are deleted;
b) In 2° and 3°, the reference to 2° of Article L. 2242-1 of the Labour Code is replaced by a reference with the same purpose applicable locally;
9° In Article L. 2141-5, the reference to Article L. 8272-4 of the Labour Code is replaced by a reference with the same purpose applicable locally;
10° In Article L. 2153-2, the words: "with which the European Union has not concluded, within a multilateral or bilateral framework, an agreement ensuring comparable and effective access for European Union companies to the markets of these countries, or to which the benefit of such an agreement has not been extended by a decision of the Council of the European Union" are deleted;
11° The last paragraph of Article L. 2171-2 is deleted;
12° In article L. 2171-5, the words: "mentioned in article L. 124-4 of the Social Security Code managing" are replaced by the words: "under private law authorised by the regulations applicable locally to manage";
13° In article L. 2172-4, the reference to 1° of article L. 110-1 of the Highway Code is replaced by a locally applicable reference having the same purpose;
14° In Article L. 2191-1, the words: ", local authorities, their public establishments and their groupings" are deleted;
15° In Article L. 2191-5, the words: ", local authorities, their public establishments and their groupings" are deleted;
16° Article L. 2191-8 reads as follows:
"Art. L. 2191-8 -The holder of a contract may assign the debt it owes to the purchaser to a credit institution or pledge this debt to a credit institution.
"It may assign this debt to another assignee or pledge this debt to another creditor in accordance with the provisions applicable locally. " ;
16° bis In Article L. 2192-1, the words "the State, local authorities and public establishments" are replaced by the words "the State and its public establishments" and the word "transmit" is replaced by the words "may transmit";
16° ter In Article L. 2192-2 and in 1° of Article L. 2192-5, the words: "the State, local authorities and public establishments" are replaced by the words: "the State and its public establishments";
17° In article L. 2192-11, the reference to the French Commercial Code is replaced by a reference having the same purpose applicable locally;
18° In article L. 2195-4, the references to the French Commercial Code are replaced by references having the same purpose applicable locally;
19° In article L. 2197-4, the words: "or for private law contracts, under the conditions provided for by the Civil Code" are deleted;
20° In Article L. 2197-5, the words: "as provided for by Article 2044 of the Civil Code" are deleted;
21° In Article L. 2197-6, the words: "Notwithstanding the provisions of the first paragraph of Article 2060 of the Civil Code," are deleted.
