Key Benefits:
The Minister of Economy, Finance and Industry,
Given the monetary and financial code, including articles L. 221-27 and L. 221-28 and D. 221-103 to D. 221-107;
Given the code General of taxes, in particular Article 157;
In view of the Order of 29 November 1983 approving a regulation for the collective management of the CODEVI;
In view of the Order of 26 January 1990 laying down the rules for the employment of sums deposited on accounts For industrial development;
In view of the July 15, 1998 decree on the information of account holders for industrial development;
In view of the opinion of the Advisory Committee on Financial Legislation and Regulations On January 15, 2007,
Stop:
The Collective Management Regulation annexed to the Order of 29 November 1983 is thus amended:
-au First paragraph of the I, the word " All " Is deleted;
-in the same paragraph after the words: " The establishment ' shall be inserted the words: ' Placed in the values mentioned in 1 °, 1 ° bis and 2 ° of Article D. 221-105 of the Code Monetary and financial, " ;
-in the third paragraph of I, the words: " Defined in Article 5 of the aforementioned decree " Are replaced by the words: " Referred to in 1 °, 1 ° bis and 2 ° of Article D. 221-105 " ;
-to II, the word: " Francs " Is replaced by the word: " Euros " ;
-to V, the words: " In favour of industrial equipment " Are deleted.
The above-mentioned order of 26 January 1990 is thus amended.
I.-Article 1 reads as follows:
" Art. 1. -The amounts deposited on the sustainable development booklets opened in the credit institutions are:
1 ° Investments in industrial development issued by the Caisse des deposits et consignations at least 6.5 % of the amount Total deposits, and at least 9 % as of January 1, 2008.
Credit institutions may apply for the repayment of previously subscribed industrial development titles exceeding these limits.
2 ° Subject to The provisions of Article 3 below, placed in obligations:
(a) Emitches directly or through a collective management grouping;
(b) Emries, on behalf of the institution responsible for collective management, by a Other credit institution;
(c) Emries by a credit institution other than that which provides for collective management, subject to the allocation by the issuer of the product of the issue to loans granted under the conditions set out in the Article 3, in the context of a contract between the latter and the establishment providing for collective management.
3 ° Subject to the provisions of Article 3 below, assigned to the purchase of loans relating to loans:
a) Consentis Directly or through a collective management grouping;
b) Consentis, on behalf of the institution responsible for collective management, by another credit institution;
c) Confelt by an institution of Credit other than that which provides for collective management, subject to the allocation by the issuer of the proceeds of the issue to loans granted under the conditions referred to in Article 3, in the context of a contract between it and The institution providing collective management. "
II. Article 2 is thus amended:
-in the first sentence, the words: Referred to in Article 1 " Are replaced by the words: " Referred to in Article 1 (2) " ;
-in the last sentence, the number: " 86.5 " Is replaced by the number : " 70 " And the words: " As from March 31, 1990 " Are deleted.
III. -After Article 2, an Article 2a shall be inserted so worded: '
' Art. 2 bis. -The loans referred to in the 3 ° of Article 1 shall be used to finance energy conservation work in the old buildings under the conditions laid down in Annex A to this Order. Eligible equipment shall be those referred to in Article 200c of the General Tax Code, the list of which shall be laid down in Article 18a of Annex IV of the same Code.
The outstanding amount of such financing shall be at least 2 % of the total assets of the Collective management as from 1 January 2008, 5 % from 1 January 2009 and 10 % from 1 January 2010. "
IV. -Article 3 is thus amended:
-a first paragraph is inserted and reads as follows:
" The total outstanding amount corresponding to the financing referred to in Article 1 (2) and (3) must attain at least 89 % of collective management as from 1 January 2008. " ;
-in the second paragraph number: " 4.5 " Is replaced by the number: " 2 " And the words: " As at March 31, 1990 " Are deleted.
V.-It is inserted at the end of this order an attachment that reads:
" A N N E X E A
I. -Beneficiaries
Can benefit from loans to individuals, coproperties (as defined by law n ° 65-557 of 10 July 1965), natural persons who engage in an industrial, commercial, craft or non-commercial activity, or an agricultural activity, the civil societies referred to in Articles 8 to 8 ter of the general code of the Taxes whose assets consist mainly of real property or rights in those properties, and the condominium corporations referred to in Article 1655 ter of the same code, the shares of which are held in full by persons Physical.
II. -Eligible work
Energy conservation work must be carried out on single or collective dwellings for primary or secondary housing that have been completed for more than two years on the date of entry into force The
equipment, materials and appliances shall be those referred to in Article 200c of the General Tax Code, the list of which shall be set out in Article 18a of Annex IV of the same Code.
III. -Eligible expenditure
All expenditure, including all taxes included, relating to the acquisition and installation of the above-mentioned equipment, materials and apparatus and related essential elements May be covered by a loan under 3 ° of Article 1 of this Order.
IV. -Audit of eligibility
The institutions and bodies referred to in Article L. 221-27 of the Monetary and Financial Code verify compliance with the criteria set out in this Annex on the basis of a certificate provided By the undertaking responsible for the installation of the equipment, materials and apparatus mentioned in II of this Annex. They shall verify that the certificate contains at least the following elements:
-the nature of the equipment, appliances, materials acquired by the beneficiary and a summary description of the technical characteristics relating in particular to the Energy performance;
-the total price all taxes included in the equipment (s), appliances, materials acquired by the beneficiary, with explicit mention of the labour costs;
-the category of the beneficiary, according to the typology Established in the I of this Annex;
-the place where the work is carried out.
The certificate shall be signed by the undertaking carrying out the work, which shall be postmarked with at least its name and its QR&O number. The signature must be preceded by the following statement:
" I undersigned ... Certify on the honour that the equipment, appliances, materials covered by this attestation comply with the eligibility criteria set out in Annex A of Annex A to the Decree of 6 February 2007 on the Sustainable Development Book. "
The order of 15 July 1998 is thus modified:
I.-Article 1 is worded as follows:
" Art. 1. -1 ° The written information referred to in the first subparagraph of Article L. 221-28 of the Monetary and Financial Code shall be made available to each holder of a sustainable development booklet by 31 March each year.
2 ° The written information referred to in the second subparagraph of Article L. 221-28 of the Monetary and Financial Code shall be made available to the Minister responsible for the economy on 31 March, 30 June, 30 September and 31 December of each year. "
II. Article 2 reads as follows:
" Art. 2. - I.-The information referred to in Article 1 of Article 1 should mention that the resources collected are allocated to the financing of small and medium-sized enterprises and to the financing of energy conservation work in the old buildings. It may include any relevant information concerning sustainable development booklets.
(a) It must specify, at a minimum, for the relevant collector establishment:
-the stock of deposits;
-the amount of financing granted to Small and medium-sized enterprises and energy conservation work in buildings;
-the amount of financing available to local authorities and their groups, in order to encourage the establishment of small and medium-sized enterprises Enterprises;
-the total amount of new financing granted to small and medium-sized enterprises and energy conservation work in old buildings;
-the total amount of new funding granted to communities In order to encourage the establishment of small and medium-sized enterprises.
(b) The written information made available to the Minister responsible for the economy on 31 December of each year shall also contain information on the The loans referred to in Article 2a of the amended Decree of 26 January 1990, in particular on the nature of the work financed and on their geographical location.
II. -The information referred to in Article 1 of Article 1 shall specify at least the elements referred to in I (a). "
This Order will be published in the Official Journal of the French Republic
Done at Paris, February 6, 2007.
Thierry Breton
