InterAmÔ Database
15
septembre 2003
Journal Officiel de la République
française (France)
Consumer
Code (Regulatory Part – Council of State decrees)
CONSUMER CODE (Regulatory Part – Council of State
decrees)
Article D225-1
Scientific or technical organisations authorised to
carry out the checks provided for in article L. 221-7 are as follows:
The Centre national d’études veterinaires et alimentaires;
The Centre national du machinisme agricole, du
genie rural, des eaux et des forêts;
The Centre scientifique et
technique du bâtiment;
The Commissariat à l’énergie atomique;
L’Institut
français de recherché pour l’exploitation de la mer;
L’Institut national de recherche chimique appliquée;
L’Institut national de l’environnement industriel et des risques;
L’Institut
national de recherché et de sécurité ;
L’Institut
national de la recherche agronomique;
L’Institut
national de la santé et de la recherche médicale ;
The Institut Pasteur in
The Laboratoire central des industries électriques;
The Laboratoire central des points et chausses;
The
Laboratoire central de la prefecture de police;
The Laboratoire du Centre national de formation des
techniciens des services Vétérinaires;
Government laboratories belonging to the directorate
general for competition, consumer protection and fraud prevention;
Laboratories belonging to the directorate general for
customs and indirect taxes;
The city of
The Laboratoire national d’essais;
The biomechanics and physiology laboratory belonging
to the Institut national du sport et de l’éducation
physique;
The Agence du medicament;
The central department for protection against ionising
radiation;
Laboratories accredited by the Comité français
d’accréditation (COFRAC).
Article D225-2
The minister who orders the checks selects the
authorised body according to its competence and the nature of the product or
service in question.
Volume III: Endebtment
Part I: Credit
Chapter I: Consumer credit
Section 1: Area of application
Article D311-1
(Decree no. 2001-96 of 2 February
2001 art. I Journal Officiel of
The amount referred to in point 2 of article L. 311-3
is fixed at EUR 21,500.
Article D311-2
(Decree no. 2001-96 of 2 February
2001 art. I Journal Officiel of
The amount referred to in c of point 4 of article L.
311-3 is fixed at EUR 21,500.
Article D311-3
The amounts mentioned in articles D. 311-1 and D.
311-2 are fixed by decree adopted upon advice of the Conseil
national de la consommation.
Section 6: Early settlement and debter default
Sub-section 1: Early settlement
Article D311-10
The amount below which the lender is entitled to
refuse partial early repayment is fixed at three times the contractual amount
of the first instalment not yet due.
Article D311-11
When the lender requires the immediate repayment of
the capital still outstanding in application of article L. 311-30, it may ask
for compensation equal to 8% of the capital still outstanding on the date of
the default.
Article D311-12
Where the lender does not require the immediate
repayment of the capital still outstanding, it may ask the defaulting borrower
for compensation equal to 8% of the outstanding instalments due. Should,
however, the lender agree to postpone future instalments, the compensation
amount is reduced to 4% of the deferred instalments.
Article D311-13
In the event of default in the performance of a lease
contract combined with an undertaking to sell or a hire-purchase undertaking
the lessor is entitled to request, in application of article L. 311-31,
compensation equal to the difference between, on the one hand, the residual
value, exclusive of tax, of the property stipulated in the contract plus the
current value, on the date when the contract is cancelled, of the sum,
exclusive of tax, of the rental payments not yet due and, on the other hand,
the market value, exclusive of tax, of the goods returned.
The current value of the rental payments not yet due
is calculation using the compound interest method, taking as the annual rate of
reference the average rate of return of bonds issued during the course of the
six month period preceding the date on which the contract was concluded plus
one half. The market value mentioned hereinabove is that obtained by the lessor
if its sells the returned or repossessed goods.
The lessee does, however, have the right, within
thirty days of the cancellation of the contract, to present the lessor with a
purchaser making a written offer to buy. If the lessor does not accept this
offer and if it subsequently sells at a lower price, the value to be deducted
must be that of the offer refused by it.
If the rented goods are out of service, the market
value is obtained by adding together the sale price and the amount of capital
paid by the insurance company.
Failing sale or at the lessee’s request, the market
price can be assessed according to expert opinion. The lessee must be must be
informed of this possible evaluation.
Where the lessor does not require the cancellation of
the contract, it may ask the defaulting lessee for compensation equal to 8% of
the outstanding instalments.
Should, however, the lessor agree to defer future
instalments, the compensation amount is reduced to 4% of the deferred
instalments.
Applicable taxes are added to the compensation amount.
Chapter III
Common provisions
Section 1: Interest rate
Article D313-6
The average effective rates that have been used throughout
one quarter by credit institutions for the same types of categories with
similar risks, as defined by the order issued by the minister for economic
affairs and finance provided for by article L. 313-3, are calculated by the Banque
de France. The minister for economic affairs and finance has these rates
published in the official journal of the French republic in addition to the
corresponding usury thresholds that will serve as a reference for the following
quarter. Where appropriate, he makes corrections to the observed rates, in
accordance with the provisions of the second paragraph of article D. 313-7.
Article D313-7
Each quarter the Banque de France carries out
an inquiry into loans in French francs, intended to collect from credit
institutions the data necessary to calculate the average effective rates. This
calculation is made using a simple arithmetical mean of the annualised
percentage rates observed. Loans for which rates are regulated, administered or
subsidised by the government are not taken into consideration. With regard to
companies, loans are not taken into consideration when calculating the average
effective rate when they are higher than amounts defined by order of the
minister for economic affairs and finance.
Should there be an extraordinarily large variation in
the cost of funds from credit institutions, the average effective rates
observed by the Banque de France may be adjusted to take this variation
into consideration. These rates are published at the latest within forty five
days of this variation being established.
Article D313-8
Lenders must inform borrowers of the usury thresholds
corresponding to the loans that they are offering to them. Credit institutions
make this information available to their customers as well as the general
banking terms referred to in article 7 of the decree of
Article D313-9
The bank of issue for overseas departments is
responsible, within these departments, for carrying out the missions conferred
upon the Banque de France by virtue of articles D. 313-6 and D. 313-7.
Volume V: The institutions
Part I: Consultative committees
Chapter 1: Le Conseil national de la consommation
Section 1: Missions and powers
Article D511-1
The Conseil national de la consommation is a
consultative body placed before the minister for consumer affairs.
Its aim is to enable confrontation and dialogue
between representatives of collective consumer and user interests and representatives
of businesses, public services and public authorities, for everything to do
with consumer problems.
Article D511-2
Agreements between businesses or providers of public and
private services and consumers or users may be negotiated within the scope of
the Conseil national de la consommation.
Article D511-3
Public authorities consults, where necessary the Conseil
national de la consommation in respect of major consumer and user policy
guidelines.
The Conseil national de la consommation
includes panels with voting rights that issue, either together or separately,
on their own initiative or at the request of the minister for consumer affairs,
opinions on questions relating to consumerism where this relates to goods and
public or private services.
Public authorities may refer non-government or
government bills and regulations likely to impact on consumer affairs as well
as conditions governing the application of these texts to the Conseil
national de la consommation for its opinion.
For the application of article 1 or order no. 86-1243
of
Article D511-4
The minister for consumer affairs publishes the
opinions of the Conseil national de la consommation and, where
appropriate, different opinions.
If requested by at least one third of the panel
members, details of the votes of said panel are also made public.
Each year the Conseil national de la consommation
compiles a report on its activity which is made public.
Section 2: Composition and organisation
Article D511-5
The Conseil national de la consommation is
chaired by the minister for consumer affairs or his representative.
Article D511-6
The Conseil national de la consommation is made
up of:
A panel of consumers and users the members of which
are appointed for a three year period, upon the proposal of each of the
consumer organisations approved, at national level, for the purposes of
instituting legal proceedings, by order of the minister for consumer affairs.
A panel of businesses representing agricultural,
industrial, craft and commercial activities as well as public and private
services, the members of which are appointed for a three year period, upon
advice from the interested ministers, by order of the minister for consumer
affairs.
Article D511-7
Representatives of ministers comprising the interdepartmental
consumer group defined in article D. 522-1 automatically take part in the work
of the Conseil national de la consommation.
Representatives of other ministers may participate,
either at their request, or a the request of the chair of the - Conseil
national de la consommation, in meetings of the Conseil national de la
consommation as defined in article D. 511-12.
Article D511-8
The director of the Institut national de la
consommation is entitled to take part in the work of the Conseil national
de la consommation. He/she may be substituted by a representative.
Article D511-9
The chair of the Conseil national de la
consommation may, on its own initiative or at the request of the majority
of the panel members or at the request of the bureau, as defined by article D.
511-11, invite any person whose presence may be deemed necessary for the smooth
operation of its works, to attend council meetings.
Article D511-10
Members of the consumers’ and users’ panel and the
panel of professionals have voting rights. Substitute members are appointed
under the same conditions as regular members and in the same number. Substitute
members automatically replace absent members or those who have been prevented
from attending.
Where a regular or substitute member, appointed for a
three year period, terminates his duties, in particular, due to the fact that
he has lost the authority by virtue of which he was appointed, a successor is
appointed for the remaining period still to run, unless this is less than four
months.
Article D511-11
A Conseil national de la consommation bureau is set up. This
bureau is made up of members assigned by each of the consumer and user and
business panels.
Bureau meetings are chaired by the minister for
consumer affairs or his representative.
An order issued by the minister for consumer affairs
fixes the conditions under which the bureau is set up.
Article D511-12
Plenary sessions of the Conseil national de la
consommation are called by the minister for consumer affairs, on its own
initiative or at the request of the majority of one of its two panels or the
majority of the bureau. It holds at leas for plenary sessions per year.
Individual panels are called by the minister for
consumer affairs, on its own initiative or at the request of the majority of
members of the panel in question.
For the application of article L. 113-3, the
invitation to attend the council meeting is sent out at least two weeks prior to
the date of the meeting.
In the case provided for by article 1 of order no.
86-1243 of
Article D511-13
The minister for consumer affairs sets the agenda for
each plenary session.
Proposals made by at least one third of the council
members with a voting right are automatically listed.
Article D511-14
In plenary session, each panel votes separately.
Voting procedures are specified in the rules of
procedure provided for by article D. 511-16.
Article D511-15
Conseil national de la consommation
secretarial staff are provided by the departments of
the minister for consumer affairs.
Article D511-16
The practical operating procedures of the Conseil
national de la consommation are specified in rules of procedure, ordered by
the minister for consumer affairs on the advice of the Conseil national de
la consommation.
Article D511-17
Appointments of consumer association representatives
made upon the proposal or advice of the Conseil national de la consommation
are made on the proposal or advice of the consumer panel of the Conseil
national de la consommation.
Part II: Administrative coordination bodies
Chapter I: The interdepartmental consumer committee
Article D521-1
An interdepartmental consumer committee is created by
the Prime minister and is responsible for examining proposals for actions of an
interdepartmental nature made in favour of consumers or users by the minister
for consumer affairs, after consultation of the interdepartmental consumer
group as defined in article D. 522-1. It may also examine bills or decrees
designed with the same objective in mind, on the initiative of the minister for
consumer affairs.
Article D521-1
The interdepartmental consumer committee is chaired by
the Prime minister or, by delegation, by the minister for consumer affairs. It
gathers together ministers represented by the interdepartmental consumer group
and affected by the agenda.
It meets at least twice a year.
Chapter II: The interdepartmental
consumer
group
Article D522-1
An interdepartmental consumer group is set up.
The group’s mission is to coordinate and direct
consumer policy. In particular, it proposes to the interested ministers
measures to improve consumer and user protection and information. It aims to
provide greater coordination in the compilation of texts and in the performance
of checks. At the request of one of its members, it is consulted on draft
legislative and regulatory texts relating to consumer and user information and
protection.
Article D522-2
The interdepartmental consumer group is chaired by the
minister for consumer affairs or his representative.
The ministers responsible for the following
departments are represented in said group:
- home office;
- foreign trade;
- transport;
- industry;
- research;
- social affairs;
- justice;
- defence;
- economy, finance and
budget;
- national education;
- agriculture;
- trade and the craft
industry;
- employment;
- health;
- tourism;
- town and country planning
and housing;
- environment;
- postal and
telecommunication services.
Representatives from other ministries are called upon
to participate in the group’s work for matters coming under their jurisdiction.
The group may, if necessary, call upon authorised
entities for assistance.
Article D522-3
The interdepartmental consumer group has a secretariat
provided by the departments of the minister for consumer affairs.
Article D522-4
The minister for consumer affairs may crate, by order
adopted upon the advice of the interdepartmental consumer group, specific
temporary or permanent working parties. The order defines the mission assigned
to said working parties as well as their composition.
Part IV: The
Conseil national de l’alimentation
Article D541-1
The Conseil national de l’alimentation is
placed before the minister for agriculture, the minister for health and the
minister for consumer affairs.
Article D541-2
This national council is consulted on the food policy
definition by giving opinions on questions referred to it.
It may, in particular, be consulted, on major policy
guidelines relating:
1. to the adaptation of consumption to dietary requirements;
2. to food safety for consumers;
3. to the quality of foodstuffs;
4. to consumer information in respect of these
foodstuffs.
The Conseil national de l’alimentation does not
replace qualified authorities on scientific matters, nor
authorities on economic trends. It may consult these authorities on questions
falling within the jurisdiction.
Article D541-3
The Conseil national de l’alimentation is made
up of the following members:
1. Nine representatives from consumer
and user associations;
2. Nine representatives of
agricultural producers;
3. Nine representatives from the
processing industry, one of whom represents the craft industry;
4. Three representatives from the
distribution sector;
5. Six representatives from
institutional catering, including:
a)
three representatives from commercial catering;
b)
three representatives from the mass caterers’
coordinating committee
6. Five representatives
of agricultural/agri-food and food product distribution workers’ associations;
7. The chair and the two
vice-chairs of the food safety and the nutrition and healthy lifestyle section
of the French Conseil supérieur d’hygiène publique;
8. The director of the Institut
national de la recherche agronomique or his/her representative;
9. The director of the Institut
national de la santé et de la recherche médicale or
his/her representative;
10. The director of the scientific
and technical institute for sea fishing or his/her representative;
11. The director of the Centre
national de coordination des études et recherches sur
la nutrition et alimentation or his/her representative;
12. The director of the Institut
national de la consommation or his/her representative;
13. Six qualified scientific
entities appointed jointly by the minister for agriculture, the minister for
health and the minister for consumer affairs.
In addition, representatives of ministers responsible
for the following departments are automatically entitled to attend council
meetings:
-
research;
-
industry;
-
agriculture;
-
health;
-
consumer affairs;
-
national education;
-
maritime affairs;
-
commerce and the craft industry;
-
economic affairs and finance;
Article D541-4
Authorised entities and consumer representatives, from
institutional catering, agricultural producers, processors, distributors and
employee associations are appointed for three years by joint order of the
minister for agriculture, the minister for health and the minister for consumer
affairs, upon advice from the ministers concerned, at the proposal of the
representative organisations. Their term of office is renewable.
Should they not be able to complete their term of
office, a replacement is appointed for the period left to run, unless this is
less than four months.
The chair of the Conseil national de l’alimentation,
at the proposal of the minister for agriculture, the minister for health or the
minister for consumer affairs, may call upon any entity or government
representative to attend council meetings, whose attendance is justified by the
agenda.
Article D 541-5
The chair of the Conseil national de l’alimentation
is appointed by joint order of the minister for agriculture, the minister for
health and the minister for consumer affairs. He/she is selected from amongst
those members of the Conseil national de l’alimentation who are
appointed by joints order of the minister for agriculture, the minister for
health and the minister for consumer affairs. The chair remains in office for a
three year period which can be renewed.
The Conseil national de l’alimentation meets at
the request of one or more of the three ministers or at the request of two
thirds of its members and is convened by the chair who orders the agenda for
the meetings.
Article D541-6
The Conseil national de l’alimentation has a
secretariat. Secretaries are appointed by joint order of the minister for
agriculture, the minister for health and the minister for consumer affairs.
They are placed under the joint authority of these three ministers and rely, in
order to perform their duties, on the relevant departments of the three
ministers.
Article D541-7
The Conseil national de l’alimentation sets up
permanent or temporary working parties considered necessary for the proper
performance of its work.
The minister for agriculture, the minister for health and
the minister for consumer affairs, specify by joint order, the practical
procedures for operating the council and publishing the conclusions of its
work.
Copyright 2008 National Law Center
for Inter-American Free Trade