Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
Vu le monetary and financial codeincluding articles L. 133-6, L. 133-9, L. 133-15, L. 133-22, L. 133-26, L. 133-28, L. 521-3, L. 522-9 and L. 522-13;
See?Order No. 2009-866 of 15 July 2009 the conditions governing the provision of payment services and establishing payment facilities;
Given the opinion of the Financial Legislation and Regulation Advisory Committee dated 20 July 2009,
Decrete:
Chapter III of Book I, title III of the monetary and financial code is replaced by the following:
“Chapter III
“The applicable rules
other payment instruments
“Section 1
" Scope of application and definitions
"This section does not include regulatory provisions.
“Section 2
" Authorization of a payment transaction
"Art.D. 133-1.-For the purposes of Article L. 133-6, where a specific payment instrument is used to give consent, the payer and the payment service provider may agree on spending limits for payment transactions performed with the payment instrument.
"If the deposit account agreement or the payment services framework contract provides, the payment service provider may reserve the right to block the payment instrument, for objectively motivated reasons relating to the security of the payment instrument, to the presumption of an unauthorized or fraudulent use of the payment instrument or to the substantially increased risk that the payer is in a position to be unable to pay.
"In these cases, the payment service provider shall inform, in the forms agreed between the parties, the payer of the blocking of the payment instrument and the reasons for the blocking, if possible before the payment instrument is blocked and no later than immediately thereafter, unless the giving of that information is not acceptable for objectively motivated security reasons or is prohibited under any other relevant community or national legislation.
"The payment service provider unlocks the instrument or replaces it with a new payment instrument as long as the reasons for blocking no longer exist.
"The payment service provider puts in place the appropriate means enabling the user to request at any time the release of the payment instrument.
“Section 3
"Terms of execution
a payment transaction
"Art.D. 133-2.-For the purposes of section L. 133-9, the payment service provider may establish a time limit close to the end of a business day beyond which any payment order received is deemed to have been received on the next business day.
“Section 4
"Executive time of operations
payment and value dates
"This section does not include regulatory provisions.
“Section 5
“Parties’ obligations in respect of
payment instruments
"Art.D. 133-3.-When a payment service user has used the means available to him by his payment service provider in accordance with Article L. 133-15, II, to inform him of the loss, theft or the diversion of his payment instrument, the payment service provider shall provide the customer, upon request of the payment service provider and for eighteen months after the information made by the payment service provider, the payment service provider shall provide to the customer, »
“Section 6
“Dispute and responsibility
in case of unauthorized payment transaction
"This section does not include regulatory provisions.
“Section 7
" Liability in case of operation
Impaired payment
"Art.D. 133-4.-Where the liability of a payment service provider under section L. 133-22 is attributable to another payment service provider or to an intermediary, the payment or intermediary service provider shall compensate the first payment service provider for any losses suffered or all amounts paid under that same section.
"Additional financial compensation may be agreed between payment service providers and intermediaries.
“Section 8
"Practical modalities and deadlines for operations
unauthorised or ill-executed payment
"This section does not include regulatory provisions.
“Section 9
"Refund of a payment transaction ordered by the recipient or by the payer who gives a payment order through the recipient
"This section does not include regulatory provisions.
“Section 10
“ Applicable expenses
"Art.D. 133-5.-For the purposes of Part II of Article L. 133-26, an incident of payment shall be an incident of any rejection of a payment order received by the payer's payment service provider because of a default or insufficient provision, regardless of the means of payment used.
"Art.D. 133-6.-For payment incidents other than the rejection of a cheque, fees charged by the payor's payment service provider for an incident cannot exceed the amount of the order of payment rejected, within the limit of a ceiling of 20 €.
"The fees charged by the payer's payment service provider on the occasion of a payment incident include all amounts charged by the payer's payment service provider to the account holder, regardless of the name and justification of these amounts.
"When a number of payment requests for the same payment transaction have been rejected by the payment service provider, the payer may apply for reimbursement of fees charged for these incidents beyond the amount charged for the first release. The proof that these claims relate to the same payment transaction is provided by the payer by any means.
“Section 11
" Instruments reserved for payments
low
"Art.D. 133-7.-An instrument of payment is considered to be reserved for small payments when the deposit account agreement or the payment service framework contract for that instrument specifies:
"that it allows to carry out payment transactions exclusively not exceeding 30 euros;
"or has a spending limit of 150 euros;
" — or that it does not allow to store more than 150 euros. »
I. ― The title of Chapter III of Title VI of Book I is replaced by the title "Infractions relating to cheques and other instruments of scriptural currency".
II.-The title I of Book III of the Monetary and Financial Code is amended as follows:
1° Title I is titled "Bank transactions and payment services".
2° Sections D. 312-4-1 and D. 312-4-2 are repealed and sub-section 1 bis of Chapter II, section 1 is deleted.
3° After Chapter III, three chapters are created that do not include the following regulatory provisions:
“Chapter IV: Payment services.
“Chapter V: Mediation.
“Chapter VI: Control and common provisions”.
Book V of the monetary and financial code is thus amended:
1° Chapter IX, title I, is entitled “Intermediaries in bank transactions and payment services”.
2° The title II becomes "Payment Service Providers and Manual Currency Exchangers". Articles D. 520-1 and D. 520-2, respectively, become articles D. 524-1 and D. 524-2 and comprise chapter IV of this title, entitled "Manual changers".
3° The reference to articles D. 520-1 and D. 520-2 of the monetary and financial code is replaced by a reference, respectively, to articles D. 524-1 and D. 524-2 of that code in all existing regulations.
4° Chapter I of title II reads as follows:
“Chapter I
« Payment service providers
"Art.D. 521-1.-The Committee on Credit Institutions and Investment Companies shall make the notification under the second paragraph of Article L. 521-3 within three months. »
5° Chapter II of title II reads as follows:
“Chapter II
« Payment institutions
"Art.D. 522-1.-The Committee on Credit Institutions and Investment Companies shall make the notification under the first paragraph of Article L. 522-9 within three months.
"Art.D. 522-2.-The Committee of Credit Institutions and Investment Companies shall make the communication under the second paragraph of the 1st paragraph of Article L. 522-13 within one month. »
6° Chapter III of title II reads as follows:
“Chapter III
"The agents
"This chapter does not include regulatory provisions. »
7° Chapter II, title VII, is entitled "Manual changers and payment service providers".
This Order comes into force on November 1, 2009.
The Minister of Economy, Industry and Employment is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, July 29, 2009.
François Fillon
By the Prime Minister:
Minister of Economy,
industry and employment,
Christine Lagarde
