Thursday 13 December 2012
This decision now requires the Maison de la Perle, despite being a public industrial and commercial establishment (EPIC), to comply with public procurement rules to finalize the agreement.
Procedures such as a call for tenders, public notice, and competitive bidding will now be necessary.
This annulment follows a pre-contractual injunction filed by the Syndicate of Tahitian Cultured Pearl Dealers and the GIE Tahiti Pearl Auction, both opposed to the creation of the Consortium.
The ruling comes as a surprise, especially since the 500 million XPF allocated to finance the project — along with the fees of international expert Gaetano Cavalieri — had already been included in French Polynesia’s 2013 budget.
The debate surrounding the Tahiti Pearl Consortium has also been a lively topic in the Assembly during the budget vote.
Many representatives voiced concerns about the project’s frequent changes and its financial implications.
While the government defended the project, the opposition attempted — unsuccessfully — to reallocate the funds to other initiatives.
Criticism focused on the complexity of the financial structure and the uncertainty surrounding the future management of the Maison de la Perle under this new configuration.
This decision follows an injunction filed by the collective “Touche pas à ma Perle”, which raised major concerns about the absence of a public call for tenders, competitive bidding, and prior publicity — requirements that are mandatory for the awarding of a public contract.
The Syndicate of Tahitian Cultured Pearl Dealers and the GIE Tahiti Pearl Auction, both parties to the legal proceedings, prevailed in their case.
The court ordered the Maison de la Perle to pay 150,000 XPF in damages to these professionals in recognition of the harm suffered.
This annulment calls into question the entire process of creating the Tahiti Pearl Consortium, an ambitious project aimed at revitalizing the pearl industry.
As a result, if the Maison de la Perle wishes to pursue this project, it must now comply with public procurement rules by issuing a formal call for applications, in accordance with the court’s decision.
Wednesday 12 December 2012
The hearing on Tuesday, December 11, addressed the key question of whether this agreement constitutes a public or private contract, given the status of the Maison de la Perle as a public industrial and commercial establishment (EPIC).
Attorney Robin Quinquis, representing the Maison de la Perle, argued that the agreement is a standard contract under common law and is therefore not subject to public procurement rules, stressing that the court’s review concerns the formal legality of the agreement, not the validity of the Tahiti Pearl Consortium as a tool for the pearl sector.
Attorney Vincent Dubois, representing the collective, countered that the agreement constitutes a public contract requiring a competitive bidding process, call for tenders, and public notice.
According to him, the Maison de la Perle — despite its EPIC status — should be regarded as an administrative public institution.
A court decision is expected within the next 24 hours.
Tuesday 11 December 2012
This legal action seeks to challenge the service contract planned between the Maison de la Perle and international consultant Gaetano Cavalieri.
Mandated by the government, the Italian expert recommended the creation of the Tahiti Pearl Consortium, a purchasing hub intended to be majority-owned by the country.
This consortium would be tasked with promoting Tahitian cultured pearls to high-end jewelry houses while enforcing strict quality standards and a strengthened traceability system.
However, a large segment of the pearl farming industry strongly rejects this initiative, criticizing what they call an exorbitant 79-million-XPF study and the creation of a new entity funded with 500 million XPF for 2013.
Industry players denounce state interference in a field they claim to know and manage better themselves.
In response to the criticism, Oscar Temaru defended the project, noting that 90% of the members of the collective “Touche pas à ma perle” are traders.
He maintains that public investment will be quickly recouped thanks to an expected rise in pearl values in the targeted markets.
Friday 7 December 2012
Nine Economic Interest Groups (GIE) are represented: Rikitiea, Poe Raromatai, Poe O Tahiti Nui, Pearl's Manihi, Tuamotu Pearl, Tahiti Pearls Auction, Perles des Tuamotu-Gambier, Poe Rava Nui, and Poe o te a o Nui, as well as the unions of small and medium producers, SPPP and SPMPPF.
Protesters are holding clear signs: “Non au TPC!” (“No to the TPC!”).
They denounce what they see as political interference in their commercial sector and are calling for the removal of the 500-million-XPF budget line intended to fund the creation and capitalization of the Tahiti Pearl Consortium, which is included in the 2013 budget proposal being debated today in the Assembly.
“We would rather see this money allocated to the hospital or the RSPF!” declared Moerau Haoatai, spokesperson for five GIEs gathered together.
“My colleagues could not come because they are preparing for a major auction to be held this Saturday in Papeete, where 420,000 pearls will be offered for sale,” she added.
Saturday 1 December 2012
The Maison de la Perle is preparing to sign an agreement with the consultant — a move already sparking strong criticism from industry professionals.
The project, with a total cost of 65 million XPF (excluding tax), calls for staggered payments through July 2013 and aims to create the Tahiti Pearl Consortium, a mixed-capital purchasing center.
Pearl farmers are voicing concern over this initiative, denouncing political interference in an already fragile economic ecosystem.
They highlight what they see as the excessive cost of the consultation and fear the emergence of a government-controlled monopoly that could undermine their commercial independence.
Designed to revitalize a struggling industry, the Tahiti Pearl Consortium project is proving deeply divisive.
Many professionals doubt its ability to truly reinvigorate the sector, while the government is attempting to reassure them about its intentions.
The debate underscores the crucial economic and political stakes surrounding the future of Polynesian pearl farming.