Services based on specific payment instruments, valid only in France, provided at the request of a legal person governed by public or private law or similar, subject to specific legislative or regulatory provisions or a special public law regime, and enabling the acquisition of specific categories of goods or services from suppliers who have concluded a commercial agreement relating to the acceptance of these instruments are not considered to be payment services within the meaning of Article L. 314-1.
Companies that provide services based on these specific payment instruments, for the part of their activity that meets the conditions of this article, are not subject to the rules applicable to payment service providers mentioned in article L. 521-1.
The list of special payment instruments mentioned in the first paragraph is set by order of the Minister for the Economy.
The Banque de France shall ensure the security of services based on specific payment instruments and the relevance of the standards applicable in this area. If it considers that one of these specific payment instruments offers insufficient security guarantees, it may recommend that the issuer take any measures intended to remedy the situation. If these recommendations are not acted upon, the Banque de France may, after receiving the issuer’s comments, decide to issue a negative opinion published in the Official Journal.
In order to carry out this task, the Banque de France shall carry out expert appraisals and obtain from the issuer or any interested party any relevant information concerning the specific payment instruments and the terminals or technical devices associated with them.
The companies mentioned in this article shall send the Banque de France an annual report justifying the security of the specific payment instruments that they issue and manage.