Key Benefits:
Minister of Economy, Finance and Industry, Minister of Transport, Equipment, Tourism and the Sea and Minister Delegate for Budget and State Reform, Government Spokesperson,
Considering the code of consumption;
Considering the monetary and financial code;
Considering the road code;
In view of Decree No. 2005-1225 of 29 September 2005 establishing assistance for the financing of training in driving and road safety,
Stop:
It is approved, as annexed to this Order, the Model Convention provided for in Article 3 of the above-mentioned Decree of 29 September 2005.
The present order will be issued in the Official Journal of the French Republic.
A N N E X E
Considering the code of consumption;
Considering the monetary and financial code;
Considering the road code;
In view of Decree No. 2005-1225 of 29 September 2005 establishing assistance for the financing of training in driving and road safety;
In view of the decision of 29 September 2005 approving the model convention between the State and the credit institutions relating to non-interest loans intended to finance training in road driving and road safety,
The following was agreed between the State, represented by the Minister of Transport, Equipment, Tourism and the Sea, and (Social Season), designated below by the "credit institution".
Article 1
Purpose of the convention
The credit facility is a partner of the "one euro per day" operation established by the State to facilitate, for natural persons under 26 years of age, access to first training in the conduct of category B vehicles.
The purpose of this agreement is to define the terms and conditions of participation of the credit institution in this transaction and its commitments.
Article 2
Instruction of loan applications
" allowed to one euro per day"
The credit institution is authorized to propose a loan that does not bear interest and opens up the right to State aid under the conditions of the above-mentioned decree and called "licensed to a euro per day".
The credit institution conducts the instruction of loan applications "licensed to one euro per day" for the benefit of natural persons eligible for the device.
The training candidate or his legal representative must have previously signed a training contract with one of the state's partner driving and road safety education institutions in the operation "licensed to one euro per day".
The choice of the educational institution cannot be imposed by the credit institution.
The credit institution undertakes to have a proactive and dynamic approach in the distribution of loans. In terms of risk management, it is possible for the lender, if the candidate's income for training is insufficient, to ask parents to be bail or co-borrowers of their major child.
Article 3
Specific characteristics of the loan
" allowed to one euro per day"
The loan can only be attributed to a person who has never been a holder of category B of the driver's licence. It can only be attributed once to the same beneficiary.
The amount of the loan is determined freely by the borrower as part of the three proposed forms (800, 1000 and 1,200 euros) provided that the borrower does not exceed the amount in the training contract signed by the student or his legal representative. However, this amount may be equal to 600 euros, particularly in cases where the recipient of the training also obtains direct financial assistance from the State or a local community for the same training or if he wishes to make a personal contribution.
Refund of the loan is made without delay as part of the "one euro per day" transaction. However, the credit facility has the option of proposing a repayment deferral, with the deferral charge to the establishment.
The disbursement of the loan may be made, at the choice of the credit institution, in one, two or three times.
Article 4
Annexes
Only the refund of the borrowed capital is required of the holder of the loan contract "licensed to one euro per day" by the credit institution.
On the other hand, may be collected on the holder of the loan "licensed to one euro per day", death-disability insurance premiums, and incapacity at work and recovery fees, excluding any other file fees, expertise fees or interest.
Article 5
State ownership
The credit institution that grants a loan "licensed to one euro per day" has a financial compensation for the absence of interest payments by the borrower under the following conditions:
I. - The first month of each calendar quarter, the credit institution shall forward to the Ministry of Transport a statement with, for each of the four loan amounts, the number of loans put into force during the previous quarter.
In October, the credit facility forwards a statement to the Department of Transport that includes, for each calendar quarter and for each of the four loan amounts, the number of loans put into force in the previous four quarters.
II. - For each loan, the compensation paid by the State shall be calculated by applying a S rate to the amount of the loan granted, in accordance with Article 4 of the above-mentioned decree.
III. - This assistance is paid, starting in 2006, each year, during the month of November, for loans put into force during the period of October 1 of the previous year as of September 30 of the current year.
Article 6
Advance payment
In the case of an advance, partial or total refund of the loan "licensed to one euro per day", no compensation is claimed by the credit institution to the client. In this case, the credit institution retains the full benefit of State aid.
Article 7
Training contract between the student and the school of conduct
For any loan application "one euro per day", the credit institution must collect a copy of the training contract between the student and a school of conduct and verify that it includes:
- a mention stating that the beneficiary of the training declares that he has never obtained a loan "licensed to a euro per day" or held the driver's licence of category B;
- the detailed cost of the training provided;
- the mention "contract established pursuant to the convention "permitted to a euro per day signed on... (date) with... (the representative of the State) and in progress of validity";
- the logo of the operation "allowed to one euro per day";
- the references of the financial guarantee (the name, address of the guarantee agency, the contract number, its validity period and the guaranteed amount);
- contact details of the bank account or postal account of the driving school.
Article 8
Promotion of the operation
The credit institution is required to include in its loan offer the following mention: "The care of the interests corresponding to the amount of your loan is fully provided by the State. »
The credit institution is included in all its commercial documents, and uses the name "a euro per day" in its commercial shares to designate this loan.
The figurative mark deposited by the Ministry of Transport on behalf of the State must be taken over by the credit institution for any communication action, regardless of the support, relating to the loan "licensed to one euro per day". The credit facility conforms to the communication charter after transmission by the Ministry of Transport.
Article 9
Establishment and retention of loan documents
The file for each new loan collects the mandatory supporting documents defined by the regulations as well as a copy of the training contract signed between the student or his legal representative and the school of conduct.
The record includes the written consent of the applicant to ensure that all the constitutive parts of the record are communicated by the credit institution to the Minister responsible for transportation for the purposes of the controls provided for in section 13.
The credit institution retains the file for up to one year after the termination of the receivable and, in the event of a voluntary loss or advance payment or after the termination of the term, for a period of one year from the event.
Article 10
Differentiation
The credit institution can provide the beneficiary with a "one euro per day" loan with commercial benefits covering either the loan itself or other products. In this regard, a trade link may be established between the "one euro per day" loan and other products offered by the credit institution.
However, no obligation to purchase another product to benefit from the "one euro per day" device can be considered and, in any case, the costs of commercial benefits will be explicitly charged to the credit institution.
Article 11
Communication
The communication programmes of the credit institution relating to the operation "one euro per day" are set up in close liaison with the State. The credit institution undertakes to relay government communication dynamically in its network as part of this operation.
A reciprocal link is permanently established between the website www.permisauneuroparjour.fr and the communication tools of the credit institution.
The State undertakes to make a model of communication leaflets available to the credit facility.
Article 12
Entry into force of the device
The credit institution is committed to offering all of its network loans "licensed to one euro per day" from the week of October 3, 2005.
No commercial proposal close to or within the framework of the "Euro Permit per day" device may be carried out before the official date of the launch of the transaction.
Article 13
Monitoring and sanctions
The credit facility shall provide any relevant material to the Minister responsible for transport, upon request, within a maximum of fifteen days, upon written notification.
The credit institution shall be entitled to any request for information on loans issued. In particular, it may be requested access to the loan contract and any constitutive part of the file (including the training contract with the driving school).
Failure to comply with the provisions of this Agreement shall result in the following sanctions imposed by the Minister for Transport, Road Safety and Traffic, after placing the credit facility in a position to present its observations.
The credit institution undertakes to facilitate the conduct of the controls carried out within it by agents mandated by the administration. The credit facility presents at first requisition the documents that these agents need for the exercise of their mission. On-site and on-site controls carried out by these officers are unintended.
The applicable sanctions are:
1. Observation;
2. The questioning of State aid, particularly in the following cases:
(a) If the beneficiary of the training does not respect the age conditions set out in the aforementioned decree;
(b) If the credit institution has not verified the conformity of the training contract with the provisions of Article 7;
(c) If the loan has not been paid, directly or indirectly, on the account of the school of conduct;
(d) If the amount of the loan exceeds the amount in the training contract;
(e) If fees for file, expertise or interest are provided in the loan contract "licensed to one euro per day".
If the State's assistance has already been paid to the credit facility, the credit institution will be required to pay its amount with a penalty of 20%. If, in addition, the beneficiary of the training or its legal representative is responsible for this challenge, the institution may require the subscriber to repay the assistance and penalty, provided that this possibility is explicitly provided in the loan contract.
3. The temporary ban on the distribution of loans "licensed to one euro per day". This prohibition may be restricted to a branch or geographic area;
4. Termination of the agreement in the event of a serious and repeated offence or insufficiency in the control of the grant of loans.
Article 14
Amendment of the Convention
This Convention may be amended at the request of the State. The amendments are enforceable within three months. The credit institution may, however, denounce the agreement after this period.
Article 15
Duration of the convention
This Agreement shall be valid for a period of three years, then renewable annually by tacit renewal.
In addition to the case provided for in the previous article, the agreement may be denounced on each date of validity, with a three-month notice, by registered letter with acknowledgement of receipt.
Once denounced, the provisions of this Agreement relating to current loan contracts remain in force until such contracts are fully refunded.
Made in double copy in Paris, the
Done in Paris, September 29, 2005.
Minister of Transport, Equipment,
tourism and the sea,
Dominica Perben
Minister of Economy,
finance and industry,
Thierry Breton
Minister for Budget
and the reform of the state,
Government spokesperson,
Jean-François Copé
The Minister of Transport,
equipment,
tourism and the sea,
Credit establishment,
[name, function]
