Key Benefits:
Publics concerned: the Bank of France and credit institutions.
Subject: specify the organisation and operation of the Observatory for Banking Inclusion.
Entry into force: the text comes into force on the day after its publication.
Explanatory Note: theArticle 56 of Act No. 2013-672 of 26 July 2013 previews the creation of an observatory of banking inclusion with the Bank of France. This observatory is responsible for collecting information from credit institutions relating to the access and use of banking services and their practices in banking inclusion. It is also responsible for defining, producing and analysing indicators of bank inclusion. It publishes an annual report on the implementation of its missions. This annual report includes an analysis of the indicators of bank inclusion and their evolution for all credit institutions, a general assessment of the practices of credit institutions in banking inclusion as well as possible observatory recommendations to improve banking inclusion in general. This annual report may also include examples of good and bad individual practices of certain credit institutions. This decree specifies the composition of the observatory and the rules applicable to its eighteen members and its modalities of operation (meetings, rules of procedure). It provides for the establishment of an advisory scientific council to determine its role and composition. It specifies the data collected by the observatory. It provides that the annual report of the observatory is published on the Bank of France website.
References: this decree is taken for the application of theArticle 56 of Act No. 2013-672 of 26 July 2013 separation and regulation of banking activities. The monetary and financial code, as amended by this decree, can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Finance and Public Accounts,
Vu le monetary and financial codeincluding articles L. 312-1-1 B, L. 612-1 and L. 631-1;
Considering the advice of the Advisory Committee on Financial Legislation and Regulation of March 19, 2014;
The State Council (Finance Section) heard,
Decrete:
Section 1 of Chapter II of Title I of Book III of the Monetary and Financial Code (regulatory part) is supplemented by sub-section 4 of the title:
"Subsection 4
"Observer for Banking Inclusion
"Art. R. 312-9.-The Observatory for Banking Inclusion includes eighteen members:
« 1° Six members of the law:
“(a) The Governor of the Bank of France or his representative, President of the Observatory;
“(b) The Director General of the Treasury or his representative;
"(c) The Director General of Social Cohesion or his representative;
"(d) The Director General of the Caisse des dépôts et consignations or his representative;
“e) The Chair of the Financial Sector Advisory Committee under Article L. 614-1 or its representative;
“(f) President of the National Council for Poverty Reduction and Social ExclusionArticle L. 143-1 of the Code of Social Action and Families or its representative;
« 2° Six credit institutions, appointed by order of the Minister responsible for the economy;
« 3° Six representatives of associations working in the field of poverty reduction and social exclusion, consumer associations and family associations, appointed by decree of the Minister responsible for the economy.
"Art. R. 312-10.-The members of the observatory mentioned in 2° and 3° of Article R. 312-9 are appointed for a period of three years renewable.
"In the event of a vacancy in a term of office as a result of the resignment of the holder, the permanent impediment or the loss of quality that justified his or her designation, another member shall be appointed under the same conditions as that which he or she replaces for the remainder of his or her term of office.
"The members of the Observatory for Banking Inclusion exercise their functions free of charge, without prejudice to the reimbursement of costs incurred in this regard.
"The members of the observatory have a duty of discretion for the information they are aware of because of their functions.
"Art. R. 312-11.-The observatory meets at least once a semester on the convocation of its President, at the initiative of the President or at the request of the Minister for Economics or the Minister for Social Affairs.
"The observatory may, on the proposal of its president, hear any expert.
"In the event of equal sharing of votes in a poll, the president's vote is preponderant.
"The secretariat of the observatory is provided by the Bank of France.
"The observatory establishes its rules of procedure.
"Art. R. 312-12.-A scientific council is placed at the Observatory for Banking Inclusion. This council is chaired by a representative of the Governor of the Bank of France.
"The members of the Scientific Council are appointed by the President of the Observatory on the proposal of the Director General of the National Institute of Statistics and Economic Studies, the Director of Research, Studies, Evaluation and Statistics placed with the Minister for Social Affairs and the President of the National Observatory for Poverty and Social Exclusion, for three members each. It also includes experts selected by the president on a list prepared by the members of the observatory.
"The provisions of the last two paragraphs of Article R. 312-10 shall apply to them.
"The Scientific Council is consulted in particular on the nature of the information collected pursuant to Article L. 312-1-1 B, the definition and production of indicators relating to bank inclusion and the criteria and conditions for assessing the practices of credit institutions in this area, as provided or referred to in this section.
"He meets at the invitation of the president of the Observatory for Banking Inclusion or its president.
"Art. R. 312-13.-The quantitative and qualitative information transmitted to the Observatory for Banking Inclusion pursuant to Article L. 312-1-1 B includes access to deposit accounts, means of payment, credit, savings, and the implementation of the Bank Accessibility Charter and the Banking Inclusion and Debt Prevention Charter referred to in Articles 312.
"The list, content and modalities for the transmission of this information, including its periodicity, are determined on the proposal of the observatory by an order of the Minister responsible for the economy. This information focuses on the banking inclusion of people in financial fragility situations.
"The observatory may also request information from other competent individuals or organizations regarding bank inclusion and anti-exclusion.
"The Bank of France conducts on behalf of the observatory the collection and statistical processing of the information transmitted to the observatory.
"Art. R. 312-14. -The indicators of bank inclusion defined by the observatory are provided by the credit institutions each with respect to it, under the information transmitted to the observatory, referred to in article R. 312-13.
"Art. R. 312-15.-The Autorité de contrôle prudentiel et de résolution contrôle, en application de l. 631-1, le respect par les établissements de crédit des dispositions de la présente subsection.
"Art. R. 312-16.-The president of the Observatory for Banking Inclusion communicates to the Autorité de contrôle prudentiel et de résolution any information useful to the fulfilment of the missions of the latter. He informs the members of the observatory of these communications.
"Art. R. 312-17.-The annual report of the Observatory for Banking Inclusion under Article L. 312-1-1 B is published on the Bank of France website. »
In chapter II, section 2, title I, of Book III of the same code, section R. 312-7 becomes section R. 312-18.
In sections D. 743-2, D. 753-2 and D. 763-2 of the same code, the reference "R. 312-7" is replaced by the reference "R. 312-18".
In section D. 312-8 of the same code, the reference "R. 312-7" is replaced by the reference "D. 312-7".
The Minister of Finance and Public Accounts and the Minister of Social Affairs and Health are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 30 June 2014.
Manuel Valls
By the Prime Minister:
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Social Affairs and Health,
Marisol Touraine
