I. – Are applicable in the Wallis and Futuna Islands, subject to the adaptations provided for in II, the provisions of the articles mentioned in the left-hand column of the table below, in the wording indicated in the right-hand column of the same table:
Applicable articles | In the wording resulting from the decree |
---|---|
D. 533-2-1 | n° 2007-904 of 15 May 2007 |
D. 533-3 to D. 533-5 | No. 2017-1324 of 6 September 2017 |
D. 533-11 with the exception of its 5th and 6th paragraphs | n° 2021-941 of 15 July 2021 |
D. 533-11-1 to D. 533-12-1 | n° 2017-1324 of 6 September 2017 |
D. 533-13 with the exception of d) and f) of its 1, as well as its 3 | n° 2021-941 of 15 July 2021 |
D. 533-14 | No. 2017-1324 of 6 September 2017 |
D. 533-15 to D. 533-15-2 | no. 2022-125 of 4 February 2022 |
D. 533-16-1 with the exception of the second paragraph of I and d) of 6° of III | n° 2021-663 of 27 May 2021 |
II. – For the application of I:
1° In Article D. 533-4, the words: “referred to in the first paragraph of paragraph 1 of II of Annex 2 of Directive 2014/65/EU of 15 May 2014,” and the words: “in accordance with Article 71(4) of Commission Delegated Regulation (EU) No 2017/565 of 25 April 2016” are deleted;
2° In Article D. 533-11, the words: “mentioned in Article 6 of the Order of 2 November 1945”, the words: “mentioned in Article 1 of Law no. 85-695 of 11 July 1985” and the words: “mentioned in Article 4 III of Law no. 72-650 of 11 July 1972” are deleted;
3° In Article D. 533-14, the words: “referred to in Article 71(5) of Commission Delegated Regulation (EU) No 2017/565 of 25 April 2016” are replaced by the following words:
“:
“(a) The investment firm provides the client with a clear written warning of the consequences for the client of such a request, including the protections that the client may lose;
“(b) The client confirms in writing that he wishes to be treated as an eligible counterparty either at all times, or for one or more investment services or for a given transaction or type of transactions or products, and that he is aware of the consequences of the loss of protection that may be associated with his request. “;
4° In Article D. 533-15, the references to Commission Delegated Regulation (EU) No 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU are deleted;
5° In II of Article D. 533-15-1:
a) In 4°, the words: “structured UCITS within the meaning of the second subparagraph of Article 36(1) of Commission Regulation (EU) No 583/2010 of 1 July 2010;” are replaced by the words: “Structured UCITS which provide investors, on certain predetermined dates, with remuneration whose calculation is based on an algorithm and which is linked to the performance or price trend of financial assets, indices or benchmark portfolios or to the fulfilment of other conditions relating to those financial assets, indices or benchmark portfolios, or having similar characteristics;”;
b) In 6°, the words: “defined in accordance with Article 57 of Commission Regulation (EU) No 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU as regards organisational requirements and operating conditions for investment firms and the definition of certain terms for the purposes of that Directive” are deleted;
6° In Article D. 533-16-1:
a) The references to Regulations (EU) No 2019/2088 and No 2019/2089 of the European Parliament and of the Council of 27 November 2019 and Regulation (EU) No 2020/852 of the European Parliament and of the Council of 18 June 2020 mentioned above are deleted;
b) The references to the delegated regulation are deleted;
c) The references to the national low-carbon strategy mentioned in Article L. 222-1 B of the Environment Code are deleted.