Subsection 4: Obligations of investment service providers

I.-Subject to the provisions of II and III, the articles mentioned in the left-hand column of the table below shall apply in New Caledonia, in the wording indicated in the right-hand column of the same table:

II.-For the application of I, references to the units mentioned in article L. 229-7 du code de l'environnement are not applicable.

III - For the application of the articles mentioned in the table above :

1° In the third paragraph of Article L. 533-2-2 and in 1° of Article L. 533-2-3, the words: "mentioned in Article 84 of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013" are replaced by the words: "defined by an order of the Minister for the Economy" ;

2° In Article L. 533-4 :

a) The first paragraph reads as follows:

"Where the parent undertaking of an investment service provider other than an asset management company is a credit institution, an investment firm, a financial holding company or an investment holding company that has its registered office in a third country, the Autorité de contrôle prudentiel et de résolution shall verify, on its own initiative or at the request of the parent undertaking or a regulated entity, that the investment service provider is subject to consolidated supervision by a supervisory authority in the third country that is equivalent to that applicable in France. " ;

b) The fourth paragraph reads as follows

"The Autorité de contrôle prudentiel et de résolution may also use other methods to ensure equivalent consolidated supervision. In particular, it may require the establishment of a financial holding company or an investment holding company having its registered office in France. " ;

3° The first paragraph of Article L. 533-9 is replaced by the following provisions:

"When investment service providers other than portfolio management companies trade over-the-counter financial instruments that are economically equivalent to commodity derivatives or financial contracts whose underlying assets are commodities, they shall provide, in accordance with Article 26 of Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments, at least once a day, to the competent authority of the trading platform where these instruments or units are traded a full breakdown:" ;

4° In Article L. 533-10-1, the words "within the meaning of Article 3(1)(b) of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies" are replaced by the words "within the meaning of a legal person whose business includes issuing credit ratings on a professional basis";

5° In Articles L. 533-10-4 and L. 533-10-8, the behaviours prohibited or contrary to EU Regulation No. 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse, are:

(a) Insider dealing, defined as the use by a person, for his own account or for the account of third parties, of inside information not yet made public ;

b) Market manipulation, defined as the carrying out of a transaction with the intention of giving misleading or false information;

6° In Articles L. 533-10-5 and L. 533-10-8, the words "and to the competent authority designated as the contact point for the application of paragraph 1 of Article 79 of Directive 2014/65/EU of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, of the trading platform concerned" are deleted ;

7° In Article L. 533-13-1:

a) The words "within the meaning of Chapter III of Title I of Book III of the French Consumer Code" are deleted;

b) The following two paragraphs are added:

"For the purposes of this article, property credit agreements include credit agreements guaranteed by a mortgage, by another comparable security or by a right attached to residential property and credit agreements intended to enable the acquisition or maintenance of property rights over land or an existing or future building.

"Intermediaries in banking and payment services may provide their customers with advice on transactions relating to property credit agreements, with the exception of credit consolidation transactions. " ;

8° In Article L. 533-18-2, the words "by Article 1 of the Delegated Regulation" are replaced by the words "within the meaning of Article 1 of the Delegated Regulation";

9° In Article L. 533-22-1:

a) In the first paragraph of I, the words "pursuant to Article 3 of the Regulation of the European Parliament and of the Council on the publication of sustainable investment and sustainability risk information and amending Directive (EU) 2016/2341" are deleted ;

a) In the second paragraph of II, the words "consistent with the national low-carbon strategy referred to in Article L. 222-1 B of the Environment Code" are deleted;

10° In IV of Article L. 533-22-2, the words: "notwithstandingArticle L. 1331-2 of the Labour Code," are deleted.