Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, and the Minister of Economy, Industry and Employment,
Vu le Trade codeincluding article L. 410-2;
Vu le Social Security Codeincluding articles L. 861-1 and R. 861-2 to R. 861-16;
Considering the code of social action and families, including its article L. 115-3;
Vu la Act No. 2000-108 of 10 February 2000 amended on the modernization and development of the public electricity service, including Article 4;
Vu la Act No. 2003-8 of 3 January 2003 amended with respect to gas and electricity markets and the public energy service, including Article 7;
Vu le Decree No. 2004-325 of 8 April 2004 relative to the special pricing of electricity as a first necessity product, modified by the Decree No. 2006-924 of 26 July 2006 ;
Considering the opinion of the Energy Regulatory Commission of 27 March 2008;
Having regard to the advice of the Conseil de la concurrence dated 8 April 2008;
The State Council (section of public works) heard,
Decrete:
The benefit of the special rate of solidarity applicable to the provision of natural gas, provided for in the V of Article 7 of the Act of 3 January 2003 referred to above, is open on their application and for their main residence to persons entitled to special pricing "product of first necessity" in application ofarticle 1 of the decree of 8 April 2004 referred to above.
When the recipient of the special solidarity rate holds an individual natural gas supply contract, this tariff is the result of a lump sum deduction on the contractually established supply price between the domestic client and its natural gas supplier. For persons referred to in section 6, this rate is a lump sum payment. Where applicable, deduction and lump-sum payments may be accumulated.
The lump-sum deduction referred to in the first paragraph shall not exceed the total amount of the annual natural gas invoice all taxes included. It is based on the consumption range and the number of consumer units that the home has. The lump-sum payment referred to in the same paragraph is based on the number of consumer units that the household has.
The first or only person in the home is a consumer unit. Each other person in the home is a fraction of the consumption unit equal to the increase in the resource cap provided for in the home.Article R. 861-3 of the Social Security Code.
The Schedule to this Order sets out the amounts of the deduction and lump sum payment referred to in the first paragraph. They can be reassessed within the limits resulting fromArticle 16-2 of Act No. 2003-8 of 3 January 2003 by decree of ministers responsible for the economy, energy and social affairs after the opinion of the Energy Regulation Commission.
The benefit of this pricing does not hinder the obtaining of the aids of any kind provided by theArticle L. 115-3 of the Code of Social Action and Families.
Health insurance organizations only communicate for the purpose of permitting certification to persons eligible to benefit from the social fare of the gas the information specified in the following paragraph to an organization designated by natural gas suppliers and acting on their behalf or, where applicable, at their request, to natural gas suppliers.
This information is the first name, name and address of persons referred to in Article 1 of this Decree and the number of persons composing the home as defined in theArticle R. 861-2 of the Social Security Code. They are communicated on a periodicity that cannot be more than one quarter. No information transmitted by health insurance organizations may be retained for a period of more than 13 months.
Based on this information, the body acting on behalf of natural gas suppliers or, where applicable, the natural gas supplier shall annually address to persons who may benefit from the special rate of solidarity an attestation that allows them to benefit from it and that specifies the number of units of consumption of their homes.
The holder of an individual contract for the supply of natural gas wishing to benefit from the special rate of solidarity refers to the body acting on behalf of natural gas suppliers or, if applicable, to its natural gas supplier the attestation provided for in Article 4 after having completed it with the references of its contract for the supply of natural gas and its annual consumption of reference.
The special solidarity rate is applied by the natural gas supplier for a period of one year from the receipt of the completed certificate, in the form of a deduction that must be included on the invoice with the corresponding wording.
If the contract is terminated before the term of one year, the natural gas supplier shall send a duplicate of the certificate to the recipient of the special solidarity rate.
Individuals with an individual natural gas supply contract that meets the conditions to benefit from the special rate of solidarity also benefit from the free entry into service and registration of their contract, as well as an 80% discount on the billing of a travel motivated by an interruption of supply due to a default of settlement.
The persons referred to in Article 1 and residing in a residential building collectively heated to natural gas may also benefit from the special rate of solidarity provided for in this Order in Council under the conditions defined below. Housing buildings heated by an urban heat network are not affected by the provisions of this section.
Based on the information obtained pursuant to the first paragraph of Article 4 of this Decree, the body acting on behalf of natural gas suppliers or, where applicable, the natural gas supplier shall send an attestation to persons who may benefit from the special rate of solidarity that allows them to benefit from it and that specifies the number of units of consumption of their home.
The person wishing to benefit from the special solidarity rate refers to the body acting on behalf of natural gas suppliers or, where applicable, to the natural gas supplier the attestation referred to in the preceding paragraph, supplemented by the following information:
- references to the natural gas supply contract associated with the collective heating system concerned;
- the name and contact information of the natural gas supplier;
- where applicable, the indication of the existence of other sources of energy than natural gas to fuel collective heating.
In the case of a residential building subject to the status of the condominium and collectively heated to natural gas, the information referred to in the preceding paragraph is communicated to the co-owners by the trustee of the building or any other agent, in the individual charge count and in the form of display in the common parts of the building. This information shall be communicated to tenants by the owner of the dwelling or, where appropriate, his or her agent, in the leave of rent, in the individual count of the expenses or by any other means.
Upon receipt of the completed certification, the body acting on behalf of natural gas suppliers or, where applicable, the natural gas supplier shall send a lump sum payment to the applicant for the special solidarity rate. In the event that the collective heating of the building is powered by several energy sources, the lump sum payment is reduced by half.
In any case, it can only be made one payment per home per year.
All costs of service provided by health insurance organizations under this Order are reimbursed to them by natural gas suppliers, in accordance with conventions that these suppliers are required to conclude with these organizations. In the absence of agreements concluded within twelve months of the coming into force of this decree, the ministers responsible for energy and social security shall stop the amount of these costs.
For the year 2008 and by derogation from the provisions of sections 1 and 4 above, the special rate of solidarity applies in full right, from the date of entry into force of this Order, to customers on that date benefiting from the special rate of electricity as a first necessity product provided for by the Order decree of 8 April 2004 referred to above.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, the Minister of Economy, Industry and Employment, the Minister of Labour, Social Relations, Family and Solidarity, the Minister of Housing and the City, the Secretary of State responsible for Solidarity and the High Commissioner for Active Solidarity against Poverty are responsible, each in the decree of the French Republic, for the execution of this decree.
Done on 13 August 2008.
A N N E X E
The lump-sum deduction referred to in Article 2 of this Decree is equal, for each consumer range considered and for each consumer unit (UC), to the following values:
| 1 UC | 17 | 51 | 71 |
| 1 < UC < 2 | 22 | 68 | 94 |
| 2 UC or + | 28 | 85 | 118 |
| 1 UC | 54 |
| 1 < UC < 2 | 72 |
| 2 UC or + | 90 |
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development
and landscaping,
Jean-Louis Borloo
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of Labour, Social Relations,
of the family and solidarity,
Xavier Bertrand
Minister of Housing and City,
Christine Boutin
Secretary of State
in charge of solidarity,
Valérie Létard
The High Commissioner
to the active solidarity against poverty,
Martin Hirsch
