1. The Commission may authorise any Member State to conclude an agreement with a third country or with a territory outside the territorial scope of the Treaty on European Union and the Treaty on the Functioning of the European Union (TFEU) as referred to in Article 355 TFEU (the ‘country or territory concerned’), which contains derogations from this Regulation, in order to allow transfers of funds between that country or territory and the Member State concerned to be treated as transfers of funds within that Member State.
Such agreements may be authorised only where all of the following conditions are met:
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(a)
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the country or territory concerned shares a monetary union with the Member State concerned, forms part of the currency area of that Member State or has signed a monetary convention with the Union represented by a Member State;
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(b)
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payment service providers in the country or territory concerned participate directly or indirectly in payment and settlement systems in that Member State;
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(c)
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the country or territory concerned requires payment service providers under its jurisdiction to apply the same rules as those established under this Regulation.
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