I. – Without prejudice to the supervision exercised by the competent authorities of the home State, the Autorité de contrôle prudentiel et de résolution is responsible for monitoring compliance by the persons referred to in 1° of II of Article L. 522-13 acting under the freedom of establishment, of the provisions of Section 5 of Chapter II of Title I of Book I, of Chapter III of Title III of Book I, of Chapter IV of Title I of Book III and of Chapter I of Title II of Book V and of the provisions of general interest within the meaning of Article L. 511-24 which apply to them.
It exercises over these establishments the powers of control and sanction defined in sections 5 to 7 of Chapter II. The deregistration provided for in 7° of Article L. 612-39 is understood to mean that the payment institution is prohibited from providing payment services in the territory of the French Republic.
When an institution mentioned in II of Article L. 522-13 has its authorisation withdrawn or is wound up, the Autorité de contrôle prudentiel et de résolution shall take the necessary measures to prevent it from commencing new operations in the territory of the French Republic and to ensure the protection of payment service users.
A decree of the Conseil d’Etat shall determine the procedures to be followed by the Autorité de contrôle prudentiel et de résolution in exercising the responsibilities and powers conferred on it by the preceding paragraphs. In particular, it shall determine the procedures for informing the competent authorities of the home State.
II. – When it finds that a person mentioned in 1° of II of Article L. 522-13 does not comply with the legislative and regulatory provisions applicable to it and that urgent action is required immediately to remedy a serious threat to the collective interests of users of payment services residing in France, the Autorité de contrôle prudentiel et de résolution may, as a precautionary measure pending the measures to be taken by the competent authorities of the home State, order one of the measures provided for in 1°, 2°, 3° and 4° of Article L. 612-33 under the conditions set out in Article L. 612-35.
The measures taken pursuant to this paragraph shall be appropriate and proportionate to the objective of protecting the collective interests of payment service users residing in France and shall not have the effect of favouring these users over the payment service users of the payment institution residing on the territory of other Member States of the European Union or parties to the European Economic Area. These measures are temporary and cease once the serious threat has been remedied.
The Autorité de contrôle prudentiel et de résolution shall inform the competent authorities of the home Member State, the European Commission and the European Banking Authority in advance or, if the emergency situation does not allow it, without delay, of the precautionary measures taken pursuant to this II and of their justification.