I. – Pursuant to 8° of Article 6-2 of Organic Law No. 99-209 of 19 March 1999, subject to the adaptations provided for in II, III and IV, the following shall apply ipso jure in New Caledonia:
1° Articles R. 561-1 to R. 561-38-9;
2° Article R. 561-39 with the exception of the third paragraph;
3° Articles R. 561-40 to R. 561-42;
4° Article R. 561-42-1 with the exception of 2°, 3°, 4°, 5°, 7° and 8°;
5° Articles R. 561-42-2 to R. 561-64.
II. – For the application of I:
1° References to trusts within the meaning of the Civil Code are deleted and references to any other comparable legal arrangement under foreign law are replaced by references to any legal arrangement comparable to a trust under foreign law;
2° References to the Tribunal de Commerce are replaced by references to the Tribunal Mixte de Commerce;
3° References to agents of the Direction Générale des Finances Publiques are replaced by references to agents of the New Caledonian tax administration;
4° References to customs officers are replaced by references to locally competent customs officers;
5° References to officers appointed by the administrative authority responsible for competition and consumer affairs and gaming police officers are replaced by references to locally competent competition and gaming police officers.
III. – For the application of the aforementioned articles:
1° In article R. 561-5-1, 1° is replaced by the following provisions:
“1° By using an electronic means of identification certified or attested by the Agence nationale de la sécurité des systèmes d’information that complies with either the substantial or high guarantee level, or issued as part of an electronic information scheme whose guarantee level corresponds to either the substantial or high level, as qualified by locally applicable provisions equivalent to those implementing Regulation No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market ;”
2° In Article R. 561-5-2:
a) The words: “1° to 6° bis” are replaced by the words: “1° to 6°, with the exception of 1°c,” ;
b) The references to the Annex to Implementing Regulation (EU) 2015/1502 of 8 September 2015 and to Article 22 of Regulation (EU) No 910/2014 of 23 July 2014 are replaced by the locally applicable provisions equivalent to those implementing Regulation No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market;
3° In 1° and 2° of Article R. 561-5-3, in 6° bis of Article R. 561-10 and in Article R. 561-22-2, after the words: “in 9° bis of Article L. 561-2”, the following words are inserted: “only for gaming or betting operators authorised on the basis of Article 21 of Law no. 2010-476 of 12 May 2010 relating to the opening up to competition and the regulation of the online gambling sector and their legal representatives”;
4° In Article R. 561-6, the words: “referred to in 9° of Article L. 561-2, and under the conditions defined by Article 17 of Act no. 2010-476 of 12 May 2010 on the opening up to competition and regulation of the online gambling sector when it is carried out by the persons referred to in 9° bis of Article L. 561-2” are replaced by the words: “authorised to carry out such checks by locally applicable provisions having the same purpose”;
5° In Articles R. 561-8 and R. 561-15, the words: “or which is subject to disclosure obligations in accordance with European Union law” are deleted;
6° In Article R. 561-9:
a) The words “1° to 6° bis” are replaced by the words “1° to 6°, with the exception of 1° quater”;
b) The words “in the Member States of the European Union” are replaced by the words “in mainland France”;
7° In Article R. 561-10, the words “in 7° bis and 7° quater” are replaced by the words “in 7° quater”;
8° In Articles R. 561-13, R. 561-16, R. 561-20-4 and R. 561-28, after the words “mentioned in 1° to 6°,” the words “with the exception of 1°c,” are inserted;
8° bis In Article R. 561-14-1-1 :
a) In the first paragraph of I, the words “1°, 1° ter and 1° quater” are replaced by the words “1° and 1° ter”;
b) In 3° of I, the words “1° to 1° quater” are replaced by the words “1° to 1° ter”;
c) Point d of 4° of I reads as follows “issue transfers of funds to a deposit account or payment account opened with a person referred to in 1° to 1° ter of Article L. 561-2 who is established in France”;
9° In Article R. 561-15:
a) In 1°, the words: “1° to 6° bis” are replaced by the words: “1° to 6°, with the exception of 1° quater,”;
b) In 3°:
i) The first paragraph is replaced by the following provisions:
“3° Public authorities or public bodies designated as such under any of France’s international commitments, and which meet the following three criteria:”;
ii) c is replaced by the following:
“c) They are subject to appropriate procedures for monitoring their activities;
10° In Articles R. 561-16-2, R. 561-31-1 and R. 561-31-2, the references: “1° to 1° quater” “are replaced by the references: “1° to 1° ter”;
11° In Article R. 561-16-2, the words: “acquirers within the meaning of Regulation EU 2015/751 of the European Parliament and of the Council of 29 April 2015,” are replaced by the words: “linked payment service providers who enter into a contract with a beneficiary with a view to accepting and processing payment transactions linked to a card, which give rise to a transfer of funds to that beneficiary”;
12° In Articles R. 561-20-5 and R. 561-21, the words “1° to 1°c and 5° to 6°a” are replaced by “1° to 1°b, 5° and 6°”;
13° In Article R. 561-22-1, the words: “pursuant to Article 9 of Directive (EU) 2015/849 of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing” are deleted;
14° In Articles R. 561-23, R. 561-24 and R. 561-38-2, after the words “in 1° to 7°c”, the words “with the exception of 1°c and 6°a,” are inserted;
15° In Articles R. 561-25 and R. 561-57 :
a) References to the professions of lawyer, bailiff, notary, auctioneer, chartered accountant and sports agent, agents appointed by the administrative authority responsible for competition and consumer affairs and gaming police are replaced by references to these professions as established by the regulations in force locally ;
b) “administrateurs judiciaires”, “commissaires-priseurs judiciaires” and “experts-comptables” refer to similar activities regulated by locally applicable provisions having the same purpose;
16° In Article R. 561-31-2, after the words “1° to 7°”, the words “with the exception of 1°c and 6°a” are inserted;
17° In Articles R. 561-38-4 and R. 561-38-7:
a) After the words “1° to 2° sexies,” are inserted the words “with the exception of 1° quater, and” and the words “and 6° bis” are deleted;
b) The words “mentioned in I and II” are replaced by the words “mentioned in I”;
18° In article R. 561-38-8, the words: “7° to 17°” are replaced by the words: “7° to 9°, 9° bis only for gaming or betting operators authorised on the basis of Article 21 of Act 2010-476 of 12 May 2010 on the opening up of competition and the regulation of the online gambling sector and their legal representatives, 10° to 16°”;
19° In Article R. 561-38-9, after the words “1° to 8°”, the words “with the exception of 1°c and 6°a” are inserted;
20° In Articles R. 561-38-9 and R. 561-39, after the words: “9° bis”, the following words are inserted: “only for gaming or betting operators authorised on the basis of Article 21 of Law 2010-476 of 12 May 2010 on the opening up of competition and the regulation of the online gambling sector and their legal representatives,”.
IV. – The articles mentioned in I, applied under the conditions described in II and III, are applicable to the financial services of the Office des postes et télécommunications de Nouvelle-Calédonie.