I.-Territorial authorities, their groupings and departmental and territorial fire and rescue services may take out loans with credit institutions or finance companies within the following limits and subject to the following conditions:
1° The loan is denominated in euros or foreign currencies. In the latter case, in order to ensure that the exchange rate risk is fully hedged, a currency-for-euro swap contract must be entered into when the loan is taken out for the total amount and the total term of the loan;
2° The interest rate may be fixed or variable. A Conseil d’Etat decree determines the indices and index spreads authorised for variable interest rate indexation clauses;
3° The variable rate indexation formula must meet criteria of simplicity or predictability of the financial charges of local authorities, their groupings and departmental and territorial fire and rescue services. The conditions for application of this 3° are set by decree in the Conseil d’Etat.
II.-A financial contract backed by a loan from a credit institution or finance company may not have the effect of derogating from I. The conditions for the application of this II are set by decree in the Conseil d’Etat.
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