French Monetary and Financial Code
In forceI. - Where the payment is initiated by means of a card-linked payment instrument, the payment service provider managing the account shall, at the request of one of the payment service providers issuing that instrument, immediately confirm whether the amount required to execute the card-linked payment transaction is available on the payer's payment account, provided that all of the following conditions are met:
1° The payer's payment account is accessible online at the time of the request;
2° The payer has given his express consent to the payment service provider managing the account to respond to requests from a given payment service provider to confirm that the amount corresponding to a given card-related payment transaction is available on the payer's payment account;
3° The consent referred to in 2° was given before the first confirmation request.
II. - The payment service provider issuing the card-linked payment instrument may request the confirmation referred to in I if all of the following conditions are met:
1° The payer has given his express consent for the payment service provider to request the confirmation referred to in I;
2° The payer has initiated the payment transaction for the amount in question using a card-linked payment instrument issued by this payment service provider;
3° The payment service provider authenticates himself to the payment service provider managing the account before each confirmation request and communicates with the payment service provider managing the account under the conditions set out in the delegated act adopted pursuant to Article 98.1 of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market.
III. - The confirmation relates only to the availability of the amount referred to in II at the time of the request. This response shall not be stored or used for any purpose other than the execution of a card-related payment transaction. It does not enable the payment service provider managing the account to block funds on the payer's payment account.
IV. - The payer may ask the payment service provider managing the account to provide him with the identification of the payment service provider and the reply sent to him.
V. - The provisions of this article do not apply to payment transactions initiated using card-linked payment instruments on which electronic money within the meaning of Article L. 315-1 of this Code is stored.
