COMMISSION DELEGATED REGULATION (EU) 2021/1722
of 18 June 2021
supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council with regard to regulatory technical standards specifying the framework for cooperation and the exchange of information between competent authorities of the home and the host Member States in the context of supervision of payment institutions and electronic money institutions exercising cross-border provision of payment services
(Text with EEA relevance)
Article 1
Subject matter and scope
Article 2
Single contact points
Article 3
General requirements
Article 4
Submission of requests for cooperation or exchange of information
Article 5
Reply to a request for cooperation or exchange of information
Article 6
Notification of intention to carry out an on-site inspection in the host Member State
Article 7
Procedure for a request to carry out an on-site inspection
Article 8
Notification in the event of an infringement or suspected infringement
Article 9
Reporting for information or statistical purposes and to monitor compliance with the provisions of national law transposing Titles III and IV of Directive (EU) 2015/2366
Article 10
Information and data to be reported for information or statistical purposes
Article 11
Additional information and data to be reported for monitoring compliance with the provisions of national law transposing Titles III and IV of Directive (EU) 2015/2366
Article 12
Entry into force
ANNEX I
Request for cooperation or information exchange
Reference number: FROM: |
Date: TO: |
|
|
Member State: |
Member State: |
|
|
Competent authority: |
Competent authority: |
|
|
Address: |
Address: |
|
|
|
|
Name: |
Name: |
|
|
Telephone: |
Telephone: |
|
|
Email: |
Email: |
|
|
Type of request
Provision of information |
☐ |
On-site inspection |
☐ |
Delegation of inspection |
☐ |
Other – please provide details below |
☐ |
ANNEX II
Reply to a request for cooperation or information exchange
Reference number: FROM: |
Date: TO: |
|
|
Member State: |
Member State: |
|
|
Competent authority: |
Competent authority: |
|
|
Address: |
Address: |
|
|
|
|
Name: |
Name: |
|
|
Telephone: |
Telephone: |
|
|
Email: |
Email: |
|
|
ANNEX III
Notification of intention to carry out an on-site inspection in the host Member State
Reference number: FROM: |
Date: TO: |
|
|
Member State: |
Member State: |
|
|
Competent authority: |
Competent authority: |
|
|
Address: |
Address: |
|
|
|
|
Name: |
Name: |
|
|
Telephone: |
Telephone: |
|
|
Email: |
Email: |
|
|
ANNEX IV
Notification of an infringement or suspected infringement
Reference number: FROM: |
Date: TO: |
|
|
Member State: |
Member State: |
|
|
Competent authority: |
Competent authority: |
|
|
Address: |
Address: |
|
|
|
|
Name: |
Name: |
|
|
Telephone: |
Telephone: |
|
|
Email: |
Email: |
|
|
ANNEX V
Form to be used for reporting data for information and statistical purposes
1) |
Name of the payment institution/electronic money institution |
|
2) |
Type of institution |
☐ Payment institution ☐ Electronic money institution |
3) |
Head office address of the payment institution/electronic money institution |
|
4) |
Unique identification number of the payment institution/electronic money institution in the format of the home Member State (where applicable) |
|
5) |
Legal entity identifier (LEI) of the payment institution/electronic money institution (where available) |
|
6) |
Home Member State authorisation number of the payment institution/electronic money institution (where applicable) |
|
7) |
Contact person within the payment institution/electronic money institution (where available, please provide contact details of the appointed contact person in the host Member State) |
Name: Role: Email: Telephone: |
8) |
Payment services to be provided |
☐ Services enabling cash to be placed in a payment account and all the operations required to operate a payment account ☐ Services enabling cash withdrawals from a payment account and all the operations required to operate a payment account Execution of payment transactions, including transfers of funds on a payment account with the user’s payment provider or with another payment service provider: Execution of direct debits, including one-off direct debits ☐ Execution of payment transactions through a payment card or a similar device ☐ Execution of credit transfers, including standing orders ☐ Execution of payment transactions where the funds are covered by a credit line for a payment service user: Execution of direct debits, including one-off direct debits ☐ Execution of payment transactions through a payment card or a similar device ☐ Execution of credit transfers, including standing orders ☐ Including granting of credit in accordance with Article 18(4) of Directive (EU) 2015/2366? ☐ Yes ☐ No ☐ Issuing of payment instruments ☐ Acquiring of payment transactions Including granting of credit in accordance with Article 18(4) of Directive (EU) 2015/2366? ☐ Yes ☐ No ☐ Money remittance ☐ Payment initiation services ☐ Account information services |
9) |
Electronic money services to be provided (applicable only to electronic money institutions) |
☐ Distribution of electronic money ☐ Redemption of electronic money |
10) |
Name and address of the 10 largest agents in the host Member State by value of transactions |
Agent 1 Agent 2 … Agent 10 |
11) |
Name and address of the 10 largest distributors in the host Member State by e-money distribution/redemption value |
Distributor 1 Distributor 2 … Distributor 10 |
|
|
|
Number |
Total number of branches and their addresses, where applicable |
|
Total number of employees of the branches, where applicable |
|
|
|
|
|
Under freedom to provide services (FOS) |
Under the right of establishment (FOE) |
Number of agents enrolled in the reporting period |
|
|
Total number of agents at the end of the reporting period |
|
|
|
|
|
|
Registered in the reporting period |
At the end of the reporting period |
Number of customers (framework contracts) |
|
|
Number of payment service users (single payment transactions) |
|
|
|
|
||||
|
Number of |
||||
|
Credit cards |
Revolving cards |
Debit cards |
Prepaid cards |
Other (please specify) |
Issued in the reporting period |
|
|
|
|
|
Outstanding at the end of the period |
|
|
|
|
|
|
|
|
|
|
|
|
Credit cards |
Revolving cards |
Debit cards |
Prepaid cards |
Other (please specify) |
Value of card-based payment transactions executed through |
|
|
|
|
|
|
|
|
Payment accounts |
Opened in the reporting period |
|
Accessed in the reporting period |
|
Total number of payment accounts operated/maintained in the host Member State |
|
Total number of payment accounts accessed in the host Member State |
|
|
|
|
|
Number |
Amount |
Number of ATMs operated/managed by the payment institution |
|
n.a. |
Cash withdrawals |
|
|
Cash placed in payment accounts |
|
|
|
|
|
|
|
Agents (FOS) |
Agents (FOE) |
Branches |
Aggregated number of complaints received from payment service users within the reporting period |
|
|
|
|
|
|
|
Volume |
Gross value |
Total fraudulent payment transactions |
|
|
|
|
|
Volume |
Number of suspicious transaction reports sent to the financial intelligence unit |
|
|
|
|
||||||||||||||
|
Volume |
Value |
||||||||||||||
|
Agents (FOS) |
Agents (FOE) |
Branch |
TOTAL |
Agents (FOS) |
Agents (FOE) |
Branch |
TOTAL |
||||||||
Payment services as referred to in Annex I to Directive (EU) 2015/2366 |
In |
Out |
In |
Out |
In |
Out |
In |
Out |
In |
Out |
In |
Out |
In |
Out |
In |
Out |
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3a |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3b |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3c |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4a |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4b |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4c |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
5 (issuing payment instruments) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
5 (acquiring payment transactions) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
6 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
7 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||
|
Agents (FOE) |
Agents (FOE) |
Branch |
||||||
Payment services as referred to in Annex I to Directive (EU) 2015/2366 |
Country 1 |
Country 2 |
… |
Country 1 |
Country 2 |
… |
Country 1 |
Country 2 |
… |
1 |
|
|
|
|
|
|
|
|
|
2 |
|
|
|
|
|
|
|
|
|
3a |
|
|
|
|
|
|
|
|
|
3b |
|
|
|
|
|
|
|
|
|
3c |
|
|
|
|
|
|
|
|
|
4a |
|
|
|
|
|
|
|
|
|
4b |
|
|
|
|
|
|
|
|
|
4c |
|
|
|
|
|
|
|
|
|
5 (issuing payment instruments) |
|
|
|
|
|
|
|
|
|
5 (acquiring payment transactions) |
|
|
|
|
|
|
|
|
|
6 |
|
|
|
|
|
|
|
|
|
7 |
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||
|
Agents (FOE) |
Agents (FOE) |
Branch |
||||||
Payment services as referred to in Annex I to Directive (EU) 2015/2366 |
Country 1 |
Country 2 |
… |
Country 1 |
Country 2 |
… |
Country 1 |
Country 2 |
… |
1 |
|
|
|
|
|
|
|
|
|
2 |
|
|
|
|
|
|
|
|
|
3a |
|
|
|
|
|
|
|
|
|
3b |
|
|
|
|
|
|
|
|
|
3c |
|
|
|
|
|
|
|
|
|
4a |
|
|
|
|
|
|
|
|
|
4b |
|
|
|
|
|
|
|
|
|
4c |
|
|
|
|
|
|
|
|
|
5 (issuing payment instruments) |
|
|
|
|
|
|
|
|
|
5 (acquiring payment transactions) |
|
|
|
|
|
|
|
|
|
6 |
|
|
|
|
|
|
|
|
|
7 |
|
|
|
|
|
|
|
|
|
|
|
|
||||||||||
|
Volume |
Value |
||||||||||
Payment services as referred to in Annex I to Directive (EU) 2015/2366 |
Face to face |
Online |
Mobile |
ATM |
Phone |
Other |
Face to face |
Online |
Mobile |
ATM |
Phone |
Other |
1 |
|
|
|
|
|
|
|
|
|
|
|
|
2 |
|
|
|
|
|
|
|
|
|
|
|
|
3a |
|
|
|
|
|
|
|
|
|
|
|
|
3b |
|
|
|
|
|
|
|
|
|
|
|
|
3c |
|
|
|
|
|
|
|
|
|
|
|
|
4a |
|
|
|
|
|
|
|
|
|
|
|
|
4b |
|
|
|
|
|
|
|
|
|
|
|
|
4c |
|
|
|
|
|
|
|
|
|
|
|
|
5 (issuing payment instruments) |
|
|
|
|
|
|
|
|
|
|
|
|
5 (acquiring payment transactions) |
|
|
|
|
|
|
|
|
|
|
|
|
6 |
|
|
|
|
|
|
|
|
|
|
|
|
7 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Amount |
E-money distributed during the reporting period in the host Member State |
|
E-money redeemed during the reporting period in the host Member State |
|
|
|
|
|
Under the freedom to provide services (FOS) |
Under the right of establishment (FOE) |
Number of distributors enrolled in the reporting period |
|
|
Total number of distributors at the end of the reporting period |
|
|
ANNEX VI
Form to be used for reporting data for monitoring compliance with the provisions of national law transposing Titles III and IV of Directive (EU) 2015/2366
1) |
Person(s) responsible for the payment institution’s activity and/or the compliance officer (if different) in the host Member State, where applicable |
|
||||||||
2) |
Central contact point, if appointed and/or required in accordance with Article 29(4) of Directive (EU) 2015/2366 |
|
||||||||
3) |
Complaints handling |
Do you have an internal procedure to handle and follow up on customer complaints? ☐ Yes ☐ No Please provide contact details for the person(s) responsible for handling complaints: Name: Address: Telephone: Email: Is this procedure available in the official language of the host Member State? ☐ Yes ☐ No If not, please state the languages in which the customer complaints procedure is available. Please provide a brief description of your internal procedure for handling payment service user complaints in the host Member State (max. 300 words) |
||||||||
4) |
Business model |
Is this your first report, which includes a brief description of your business model? ☐ Yes ☐ No If so, please provide a brief description of your business model, focusing on the products and payment services provided and how you employ agents/distributors in the host Member State (max. 300 words) If not, have you made any significant changes to your business model over the reporting period? ☐ Yes ☐ No If so, please briefly describe the changes (max. 300 words). |
|
|
|
||||||
|
Agents |
Branches |
||||||
|
Received |
Settled |
Not settled |
Not replied |
Received |
Settled |
Not settled |
Not replied |
Number of complaints received from payment service users (PSUs) concerning the rights and obligations under Titles III and IV of Directive (EU) 2015/2366 and security-related matters in the reporting period |
|
|
|
|
|
|
|
|
|
|
|
||
|
Agents |
Branches |
||
|
Refunded |
Not refunded |
Refunded |
Not refunded |
Aggregated number of requests for refunds received from payment service users for unauthorised and/or incorrectly executed payment transactions in the reporting period |
|
|
|
|
|
|
|
||
|
PSUs |
ASPSPs |
||
|
Refunded |
Not refunded |
Refunded |
Not refunded |
Aggregated number of requests for refunds received for losses resulting from the liabilities referred to in Article 5(2) of Directive (EU) 2015/2366 in the reporting period |
|
|
|
|
Aggregated number of requests for refunds received for losses resulting from the liabilities referred to in Article 5(3) of Directive (EU) 2015/2366 in the reporting period |
|
|
|
|
|
|
|
||
|
Agents |
Branches |
||
|
Unauthorised |
Incorrectly executed |
Unauthorised |
Incorrectly executed |
Total value of refunds made to payment service users for unauthorised and/or incorrectly executed payment transactions in the reporting period |
|
|
|
|
Where applicable, total value of refunds made to payment service users for losses resulting from the liabilities referred to in Article 5(2) of Directive (EU) 2015/2366 in the reporting period |
|
|
|
|
Where applicable, total value of refunds made to ASPSPs for losses resulting from the liabilities referred to in Article 5(2) of Directive (EU) 2015/2366 in the reporting period |
|
|
|
|
|
|
|
|
Unauthorised access to/use of payment account information |
Fraudulent access to/use of payment account information |
Where applicable, total value of refunds made to payment service users for losses resulting from the liabilities referred to in Article 5(3) of Directive (EU) 2015/2366 in the reporting period |
|
|
Where applicable, total value of refunds made to ASPSPs for losses resulting from the liabilities referred to in Article 5(3) of Directive (EU) 2015/2366 in the reporting period |
|
|
|
|
|
|
Agents |
Branches |
Number of major operational and/or security incidents in the reporting period |
|
|
Please tick the box(es) to indicate any amendments made in the reporting period to the following conditions of the framework contract governing payment accounts that you operate |
☐ Fees and charges ☐ Interest/exchange rates ☐ Payment service users’ rights ☐ Payment service users’ obligations ☐ Payment initiation procedure |
Please tick the box(es) to indicate any amendments made in the reporting period to the following conditions of the framework contract governing credit cards issued by you |
☐ Fees and charges ☐ Interest/exchange rates ☐ Spending limits ☐ Payment service users’ rights ☐ Payment service users’ obligations ☐ Payment initiation procedure |
Please tick the box(es) to indicate any amendments made in the reporting period to the following conditions of the framework contract governing debit cards issued by you |
☐ Fees and charges ☐ Exchange rates ☐ Spending limits ☐ Payment service users’ rights ☐ Payment service users’ obligations ☐ Payment initiation procedure |
Please tick the box(es) to indicate any amendments made in the reporting period to the following conditions of any other framework contract (please specify) to which you are party |
☐ Fees and charges ☐ Interest/exchange rates ☐ Spending limits ☐ Payment service users’ rights ☐ Payment service users’ obligations ☐ Payment initiation procedure |