Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Economy and Finance,
Having regard to the Constitution, including articles 38 and 74 and its title XIII;
In view of the Treaty on the Functioning of the European Union, in particular its Articles 198 to 204, together with Council Decision No. 2001/822 of 27 November 2001 on the Association of Overseas Countries and Territories to the European Community;
Vu la Organic Law No. 99-209 of 19 March 1999 amended on New Caledonia;
Vu la Act No. 2004-192 of 27 February 2004 amended to have the status of autonomy of French Polynesia;
Vu le Trade code ;
Vu le Consumer code ;
Vu le Administrative Justice Codeincluding its article R. 123-20;
Vu le monetary and financial code ;
Vu la Act No. 61-814 of 29 July 1961 amended conferring on the Wallis and Futuna islands the status of overseas territory;
Vu la Act No. 2013-100 of 28 January 2013 bringing various provisions for adapting legislation to European Union economic and financial law, including Article 45;
Considering the referral of the General Council and the Regional Council of Guadeloupe dated 21 June 2013;
Considering the referral of the General Council and the Regional Council of Guyana dated 19 June 2013;
Considering the referral of the General Council and the Regional Council of La Réunion dated 20 June 2013;
Considering the referral of Mayotte General Council dated 20 June 2013;
Considering the referral of the territorial council of Saint-Martin dated 19 June 2013;
Considering the referral of the territorial council of Saint-Pierre-et-Miquelon dated 19 June 2013;
Considering the seizure of the New Caledonia Congress of 18 June 2013;
Considering the referral of the Assembly of French Polynesia dated 18 June 2013;
Considering the advice of the Martinique General Council and Regional Council of 18 July 2013;
Considering the advice of the territorial council of Saint-Barthélemy dated 9 July 2013;
Considering the opinion of the territorial assembly of the Wallis and Futuna Islands of 16 July 2013;
Considering the advice of the Financial Legislation and Regulation Advisory Committee dated 20 June 2013;
The State Council (Finance Section) heard;
The Council of Ministers heard,
Order:
Applicable to New Caledonia monetary and financial code by Title I of the Act of 28 January 2013 referred to in the articles:
1° Book I, with the exception of articles L. 112-8, L. 141-6, L. 141-8, L. 152-1 and L. 152-3;
2° Book III;
3° Book V, with the exception of articles L. 511-21, L. 512-92 and L. 518-25;
4° Book VI, with the exception of articles L. 632-1, L. 632-2 and L. 632-12.
In the first paragraph of Article L. 741-4 of Chapter I of Title IV of Book VII of the same Code, after the words "I-III" are inserted the words ", V and VI".
Chapter III of Book VII title IV of the same code is amended to read:
1° Section 1 is replaced by the following title: "Section 1: Bank operations, payment services, issuance and management of electronic currency";
2° Section 3 is replaced by the following:
“Section 3
"Common provisions for credit institutions, payment institutions and electronic currency institutions
"Art. 743-7-2.- Chapter V of Book III title I is applicable in New Caledonia.
"Art. L. 743-7-3.- Chapter VI of Book III title I is applicable in New Caledonia.
"Art. L. 743-7-4.-I. ― Chapter VII of Title I of Book III, with the exception of the second and third paragraphs of Article L. 317-1, is applicable in New Caledonia subject to the modifications set out in II.
“II. ― The first paragraph of Article L. 317-1 is replaced by the following provisions:
" The officers of the Overseas Emission Institute are qualified to carry out their duties in the search for and report of offences under sections L. 312-1-1, L. 312-1-2, L. 314-12, L. 314-13 and L. 315-6 to L. 315-8 of this Code. “”
3° Article L. 743-10:
(a) After the reference: "L. 518-1", the words "electronic currency institutions" are inserted;
(b) The III is replaced by the following:
"III. – The second paragraph of Article L. 351-1 and Articles L. 353-1 to L. 353-4 are also applicable in New Caledonia. »
Chapter V of Book VII, title IV, of the same code is amended as follows:
1° The title of subsection 6 of section 1 is replaced by the following title: "Subsection 6: Intermediaries in bank operations and payment services”;
2° The title in section 2 is replaced by the following title: "Section 2: Payment Service Providers, Manual Changers and Electronic Currency Issuers";
3° Section L. 745-8 is replaced by the following provisions:
"Art. L. 745-8.-I. ― Chapter I of Book V, title II, is applicable in New Caledonia, subject to the provisions set out in II.
"The New Caledonia Post and Telecommunications Office is considered to be a payment service provider without being subject to the provisions of Chapter II of Book V when providing payment services within the limits of the legislative provisions that govern it, subject to the modifications set out in II.
“II. – For the purposes of Article L. 521-3 II:
« 1° In the first sentence of the second paragraph, the words: ", after the Bank of France's opinion under the third paragraph of Article L. 141-4" are replaced by the words: ", after the opinion of the Overseas Emission Institute under the penultimate paragraph of Article L. 712-5";
« 2° In the third paragraph of the II, the words "to the Bank of France" are replaced by the words: "to the Overseas Emission Institute".
"III. Sections L. 572-5 to L. 572-12 are also applicable. » ;
4° Section L. 745-8-1 is replaced by the following provisions:
"Art. L. 745-8-1.-Chapter II of Book V, with the exception of Articles L. 522-12 and L. 522-13, is applicable in New Caledonia, subject to the following adaptation: in Article L. 522-6, the words: "of the Bank of France under the third paragraph of the Iout of Article L. 141-4" are replaced by the words: "of the 5th preambular paragraph" » ;
5° Section 2 is supplemented by two subsections as follows:
"Subsection 5
"Electronic currency issuers
"Art. L. 745-8-4.-I. ― Chapter V of title II of Book V is applicable in New Caledonia, subject to the modifications provided for in II.
« II. ― 1° In the second paragraph of Article L. 525-4, the words: "In the context of its core missions, the Bank of France ensures the security of the special dematerialized payment securities" are replaced by the words: "The Overseas Emission Institute ensures the security of the special dematerialized payment securities issued by persons with their head office in New Caledonia";
« 2° In the last paragraph of Article L. 525-5, the words "of the Bank of France, in accordance with the provisions of the third and fourth paragraphs of Article L. 141-4. “are replaced by the words: “of the Overseas Emission Institute, in accordance with the provisions of the last two paragraphs of Article L. 712-5. “ ;
« 3° In the second paragraph of Article L. 525-6, the words: "of the Bank of France under the third paragraph of Article L. 141-4, " are replaced by the words: "of the Overseas Emission Institute under the penultimate paragraph of Article L. 712-5, ";
« 4° In the third and fourth paragraphs of Article L. 525-4 and in the fourth paragraph of Article L. 525-6, the words "the Bank of France" are replaced by the words "the Overseas Emission Institute".
"III. Sections L. 572-13 to L. 572-22 also apply.
"Subsection 6
“Electronic currency institutions
"Art. L. 745-8-5.-I. ― Chapter VI of Book V, title II, with the exception of sections L. 526-21 to L. 526-26, is applicable in New Caledonia, subject to the modifications set out in II.
« II. ― 1° In Article L. 526-7, the words "of the Bank of France under the third paragraph of Article L. 141-4" are replaced by the words "of the Institute for the Emission of Overseas under the last paragraph of Article L. 712-5";
« 2° References to articles L. 526-13, L. 526-32 and L. 526-36 Trade code are replaced by locally applicable provisions with the same object;
« 3° In the last paragraph of Article L. 526-17:
“(a) The words: " provisions of 4° and 5° of Article 1844-7 of the Civil Code“are deleted;
“(b) The second sentence is deleted; » ;
6° In I of the article L. 745-13, after the words: "book V" are inserted the words: ", with the exception of the VI of article L. 561-3,".
Chapter VI of Book VII, title IV, of the same code is amended as follows:
1° In the title of section 1, after the words: "Payment", the words are inserted: ", to electronic currency institutions";
2° In the title of subsection 3 of section 1, after the words: "investment," the words are inserted: ", electronic currency institutions";
3° After the first paragraph of Article L. 746-3, a sub-item reads as follows:
"In sections L. 613-30-1 and L. 613-30-2, references to Trade code are replaced by references to applicable local provisions with the same object. » ;
4° Article L. 746-8:
(a) The 1° of the II is replaced by the following:
"1° In I and II of Article L. 632-7 and Article L. 632-13, the words "not a member of the European Union and not a party to the agreement on the European Economic Area", are replaced by the words "other than France";"
(b) At 2° of II, the words "The community" are replaced by the words "the Union".
I. - Are applicable in New Caledonia the amendments made by Title I to the Act of 28 January 2013 referred to inArticle L. 313-10 of the Consumer Code.
II. - In the fourth paragraph of Article L. 334-5 of the Consumer Code, after the words "credit" are inserted the words ", electronic currency institutions".
Applicable to French Polynesia the modifications made to monetary and financial code by Title I of the Act of 28 January 2013 referred to in the articles:
1° Book I, with the exception of articles L. 112-8, L. 141-6, L. 141-8, L. 152-1 and L. 152-3;
2° Book III;
3° Book V, with the exception of articles L. 511-21, L. 512-92 and L. 518-25;
4° Book VI, with the exception of articles L. 632-1, L. 632-2 and L. 632-12.
In the first paragraph of Article L. 751-4 of Chapter I of Title V of Book VII of the same Code, after the words "I-III" are inserted the words ", V and VI".
Chapter III of Book VII title V of the same code is amended as follows:
1° Section 1 is replaced by the following title: "Section 1: Bank operations, payment services, issuance and management of electronic currency";
2° Section 3 is replaced by the following:
“Section 3
“Common provisions for credit institutions, payment institutions and electronic currency institutions
"Art. L. 753-7-2.-Chapter V of title I of Book III is applicable in French Polynesia.
"Art. L. 753-7-3.- Chapter VI of Book III title I is applicable in French Polynesia.
"Art. L. 753-7-4.-I. ― Chapter VII of Title I of Book III, with the exception of the second and third paragraphs of Article L. 317-1, is applicable in French Polynesia subject to the modifications provided for in II.
“II. ― The first paragraph of Article L. 317-1 is replaced by the following provisions:
" The officers of the Overseas Emission Institute are qualified to carry out their duties in the search for and in the record of the offences under sections L. 312-1-1, L. 312-1-2, L. 314-12,314-13 and L. 315-6 to L. 315-8 of this Code. “”
3° Article L. 753-10:
(a) After the words: "L. 518-1," the words "electronic currency institutions" are inserted;
(b) The III is replaced by the following:
"III. – The second paragraph of Article L. 351-1 and Articles L. 353-1 to L. 353-4 are also applicable in French Polynesia. »
Chapter V of Book VII of the Monetary and Financial Code is amended to read:
1° The title of subsection 4 of section 1 is replaced by the following title: "Subsection 4: Intermediaries in bank operations and payment services”;
2° The title in section 2 is replaced by the following title: "Section 2: Payment Service Providers, Manual Changers and Electronic Currency Issuers";
3° Section L. 755-8 is replaced by the following provisions:
"Art. L. 755-8.-I. ― Chapter I of title II of Book V is applicable in French Polynesia, subject to the provisions set out in II.
"The French Polynesia Posts and Telecommunications Office is considered to be a payment service provider without being subject to the provisions of Chapter II of Book V when it provides payment services within the limits of the legislative provisions that govern it, subject to the modifications provided for in II.
“II. – For the purposes of Article L. 521-3 II:
« 1° In the first sentence of the second paragraph, the words: ", after the Bank of France's opinion under the third paragraph of Article L. 141-4" are replaced by the words: ", after the opinion of the Overseas Emission Institute under the penultimate paragraph of Article L. 712-5";
« 2° In the third paragraph of the II, the words "to the Bank of France" are replaced by the words: "to the Overseas Emission Institute".
"III. Sections L. 572-5 to L. 572-12 are also applicable. » ;
4° Section L. 755-8-1 is replaced by the following provisions:
"Art. L. 755-8-1.-Chapter II of Book V, with the exception of Articles L. 522-12 and L. 522-13, is applicable in French Polynesia, subject to the following adaptation: in Article L. 522-6, the words: "of the Bank of France, under the third paragraph of the I of Article L. 141-4," are replaced by the words: "of the French Broadcasting Corporation" “”
5° Section 2 is supplemented by two subsections as follows:
"Subsection 5
"Electronic currency issuers
"Art. L. 755-8-4.-I. ― Chapter V of title II of Book V is applicable in French Polynesia, subject to the adaptations provided for in II.
« II. ― 1° In the second paragraph of Article L. 525-4, the words: "In the context of its core missions, the Bank of France ensures the security of the special dematerialized payment securities" are replaced by the words: "The Overseas Emission Institute ensures the security of the special dematerialized payment securities issued by persons with their head office in French Polynesia";
« 2° In the last paragraph of Article L. 525-5, the words "of the Bank of France, in accordance with the provisions of the third and fourth paragraphs of Article L. 141-4" are replaced by the words "of the Overseas Emission Institute, in accordance with the provisions of the last two paragraphs of Article L. 712-5. “ ;
« 3° In the second paragraph of Article L. 525-6, the words: "of the Bank of France under the third paragraph of Article L. 141-4, " are replaced by the words: "of the Overseas Emission Institute under the penultimate paragraph of Article L. 712-5, ";
« 4° In the third and fourth paragraphs of Article L. 525-4 and in the fourth paragraph of Article L. 525-6, the words "the Bank of France" are replaced by the words "the Overseas Emission Institute".
"III. Sections L. 572-13 to L. 572-22 also apply.
"Subsection 6
“Electronic currency institutions
"Art. L. 755-8-5.-I. ― Chapter VI of Book V, title II, with the exception of sections L. 526-21 to L. 526-26, is applicable in French Polynesia, subject to the modifications set out in II.
« II. ― 1° In Article L. 526-7, the words "of the Bank of France under the third paragraph of Article L. 141-4" are replaced by the words "of the Institute for the Emission of Overseas under the last paragraph of Article L. 712-5";
« 2° References to articles L. 526-13, L. 526-32 and L. 526-36 Trade code are replaced by locally applicable provisions with the same object;
« 3° In the last paragraph of Article L. 526-17:
“(a) The words: " provisions of 4° and 5° of Article 1844-7 of the Civil Code“are deleted;
“(b) The second sentence is deleted. » ;
6° In I of the article L. 755-13, after the words: "book V" are inserted the words: ", with the exception of the VI of article L. 561-3,".
Chapter VI of Book VII title V of the same code is thus amended:
1° In the title of section 1, after the words: "Payment", the words are inserted: ", to electronic currency institutions";
2° In the title of subsection 3 of section 1, after the words: "investment," the words are inserted: ", electronic currency institutions";
3° After the first paragraph of Article L. 756-3, a sub-item reads as follows:
"In sections L. 613-30-1 and L. 613-30-2, references to Trade code are replaced by references to applicable local provisions with the same object. » ;
4° Article L. 756-8 is amended as follows:
(a) The 1° of the II is replaced by the following:
"1° In I and II of Article L. 632-7 and Article L. 632-13, the words "not a member of the European Union and not a party to the agreement on the European Economic Area" are replaced by the words "other than France";"
(b) At 2° of II, the words "The community" are replaced by the words "the Union".
I.-Sont applicable in French Polynesia the amendments made by Title I of the law of 28 January 2013 referred to inArticle L. 313-10 of the Consumer Code.
II. ― Article L. 334-7 of the Consumer Code is amended as follows:
1° In the first paragraph of the I, the words "referred to in title I of book V of the monetary and financial code, payment establishments", are replaced by the words "payment institutions, electronic currency institutions";
2° In the fourth paragraph of I, after the words "credit institutions" are inserted the words "electronic currency institutions".
The amendments to the Wallis and Futuna Islands are applicable to the monetary and financial code by Title I of the Act of 28 January 2013 referred to in the articles:
1° Book I, with the exception of articles L. 112-8, L. 141-6, L. 141-8, L. 152-1 and L. 152-3;
2° Book III;
3° Book V, with the exception of articles L. 511-21, L. 512-92 and L. 518-25;
4° Book VI, with the exception of articles L. 632-1, L. 632-2 and L. 632-12.
In the first paragraph of Article L. 761-3 of Chapter I of Title VI of Book VII of the same Code, after the words "I-III" are inserted the words ", V and VI".
Chapter III of Title VI of Book VII of the same Code is amended as follows:
1° Section 1 is replaced by the following title: "Section 1: Bank operations, payment services, issuance and management of electronic currency";
2° Section 3 is replaced by the following:
“Section 3
"Common provisions for credit institutions, payment institutions and electronic currency institutions
"Art. L. 763-7-2.-Chapter V of title I of Book III is applicable in the Wallis and Futuna Islands.
"Art. L. 763-7-3.-Chapter VI of title I of Book III is applicable in the Wallis and Futuna Islands.
"Art. L. 763-7-4.-I. ― Chapter VII of Book III title I, with the exception of the second and third paragraphs of Article L. 317-1, is applicable in the Wallis and Futuna Islands subject to the adaptations provided for in II.
“II. ― The first paragraph of Article L. 317-1 is replaced by the following provisions:
" The officers of the Overseas Emission Institute are qualified to carry out their duties in the search for and report of offences under sections L. 312-1-1, L. 312-1-2, L. 314-12, L. 314-13 and L. 315-6 to L. 315-8 of this Code. “”
3° Article L. 763-10 III is replaced by the following provisions:
"III. – The second paragraph of Article L. 351-1 and Articles L. 353-1 to L. 353-4 are also applicable in the Wallis and Futuna Islands. »
Chapter V of Book VII, title VI of the same code is amended as follows:
1° The title of subsection 4 of section 1 is replaced by the following title: "Intermediaries in Banking and Payment Services";
2° The title in section 2 is replaced by the following title: "Section 2: Payment Service Providers, Manual Changers and Electronic Currency Issuers";
3° Section L. 765-8 is replaced by the following provisions:
"Art. L. 765-8.-I. ― Chapter I of Book V title II is applicable in the Wallis and Futuna Islands, subject to the provisions set out in II.
“II. – For the purposes of Article L. 521-3 II:
« 1° In the first sentence of the second paragraph, the words: ", after the Bank of France's opinion under the third paragraph of Article L. 141-4" are replaced by the words: ", after the opinion of the Overseas Emission Institute under the penultimate paragraph of Article L. 712-5";
« 2° In the third paragraph of the II, the words "to the Bank of France" are replaced by the words: "to the Overseas Emission Institute".
"III. Sections L. 572-5 to L. 572-12 are also applicable. » ;
4° Section L. 765-8-1 replaced by the following provisions:
"Art. L. 765-8-1.-Chapter II of Book V, with the exception of Articles L. 522-12 and L. 522-13, is applicable in the Wallis and Futuna Islands, subject to the following adaptation: in Article L. 522-6, the words: "from the Bank of France, under the third paragraph of the I of Article L. 141-4," are replaced by the words: » ;
5° Section 2 is supplemented by two subsections as follows:
"Subsection 5
"Electronic currency issuers
"Art. L. 765-8-4.-I. ― Chapter V of Book V title II is applicable in the Wallis and Futuna Islands, subject to the adaptations provided for in II.
« II. ― 1° In the second paragraph of Article L. 525-4, the words: "In the context of its fundamental missions, the Bank of France ensures the security of the special dematerialized payment securities" are replaced by the words: "The Overseas Emission Institute ensures the security of the special dematerialized payment securities issued by persons with their head office in the Wallis and Futuna Islands";
« 2° In the last paragraph of Article L. 525-5, the words "of the Bank of France, in accordance with the provisions of the third and fourth paragraphs of Article L. 141-4. “are replaced by the words: “of the Overseas Emission Institute, in accordance with the provisions of the last two paragraphs of Article L. 712-5. “ ;
« 3° In the second paragraph of Article L. 525-6, the words: "of the Bank of France under the third paragraph of Article L. 141-4, " are replaced by the words: "of the Overseas Emission Institute under the penultimate paragraph of Article L. 712-5, ";
« 4° In the third and fourth paragraphs of Article L. 525-4 and in the fourth paragraph of Article L. 525-6, the words "the Bank of France" are replaced by the words "the Overseas Emission Institute".
"III. Sections L. 572-13 to L. 572-22 also apply.
"Subsection 6
“Electronic currency institutions
"Art. L. 765-8-5.-I. ― Chapter VI of Book V, title II, with the exception of Articles L. 526-21 to L. 526-26, is applicable in the Wallis and Futuna Islands, subject to the adaptations provided for in II.
« II. ― 1° In Article L. 526-7, the words "of the Bank of France under the third paragraph of Article L. 141-4" are replaced by the words "of the Institute for the Emission of Overseas under the last paragraph of Article L. 712-5"; »
6° In I of the article L. 765-13, after the words: "book V" are inserted the words: ", with the exception of the VI of article L. 561-3,".
Chapter VI of Book VII, title VI of the same code is amended to read:
1° In the title of section 1, after the words: "Payment", the words are inserted: ", to electronic currency institutions";
2° In the title of subsection 3 of section 1, after the words: "investment," the words "electronic currency institutions" are inserted;
3° Article L. 766-8:
(a) The 1° of the II is replaced by the following:
"1° In I and II of Article L. 632-7 and Article L. 632-13, the words: "not a member of the European Union and not a party to the agreement on the European Economic Area", are replaced by the words: "other than France";
(b) At 2° of II, the words "The community" are replaced by the words "the Union".
The amendments made by Title I of the Act of 28 January 2013 referred to above shall apply in the Wallis and Futuna Islands:
1° Articles L. 110-1, L. 622-6, L. 623-2 and L. 651-4 of the Commercial Code ;
2° Articles L. 313-10, L. 331-3, L. 331-11 and L. 333-4 of the Consumer Code.
The monetary and financial code is thus amended:
1° In the first paragraph of Article L. 133-1, after the words: "Saint-Martin", the words "in Saint-Barthélemy" are inserted;
2° At the 1st of Article L. 525-2, the words: "and the Institute for the Emission of Overseas Departments" are replaced by the words: ", the Institute for the Emission of Overseas Departments and the Overseas Emission Institute";
3° In the second paragraph of articles L. 522-19 and L. 526-35, after the words: "Bank of France", the words are inserted: "Not at the Overseas Emission Institute or the Institute for the Emission of Overseas Departments";
4° In II of Article L. 711-4, the words "The Post" are replaced by the words "electronic currency institutions, payment institutions";
5° After the first sentence of the penultimate paragraph of Article L. 712-5, it is inserted a sentence as follows:
"It is authorized to be communicated by credit institutions, electronic currency institutions, the companies referred to in Article L. 511-7 II and sections L. 521-3, L. 525-4 and L. 525-5, payment institutions, investment companies, securities collective investment organizations, financial companies, insurance and reinsurance companies, as well as industrial and commercial enterprises, all documents and information that are necessary for it. » ;
6° In 3° of Article L. 713-1, after the words: "chapters I to III", the words ", V and VI" are inserted;
7° In Article L. 721-2, the words: "an organization subject to the provisions of Title I of Book V or" are replaced by the words: "a credit institution, an electronic currency institution, a payment institution or an organization or service referred to in";
8° In the first paragraph of Article L. 771-1, after the words "I-III", the words ", V and VI" are inserted.
I. - The transitional provisions provided for in sections 25 to 31 and 33 of the Act of 28 January 2013 referred to above are applicable in New Caledonia, French Polynesia and the Wallis and Futuna Islands, subject to the replacement of the words "this Act" in each of these articles by the words "this Order" and the words "the promulgation" by the words "the publication".
II. - The provisions of section 32 of the Act are also applicable, subject to the following modifications:
(a)In the first paragraph, the words: "this Act" are replaced by the words: " Act No. 2013-100 of 28 January 2013 » ;
(b) In all other paragraphs, the words "this Act" are replaced by the words "this Order".
The Prime Minister, the Minister of Economy and Finance and the Minister of Overseas are responsible, each with regard to the application of this Order, which will be published in the Official Journal of the French Republic.
Done on 30 August 2013.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Economy and Finance,
Pierre Moscovici
Minister of Overseas,
Victorin Lurel
