Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 Nove... (32015L2366)
INHALT
Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (Text with EEA relevance)
- DIRECTIVE (EU) 2015/2366 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
- of 25 November 2015
- on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC
- (Text with EEA relevance)
- TITLE I
- SUBJECT MATTER, SCOPE AND DEFINITIONS
- Article 1
- Subject matter
- Article 2
- Scope
- Article 3
- Exclusions
- Article 4
- Definitions
- TITLE II
- PAYMENT SERVICE PROVIDERS
- CHAPTER 1
- Payment institutions
- Section 1
- General rules
- Article 5
- Applications for authorisation
- Article 6
- Control of the shareholding
- Article 7
- Initial capital
- Article 8
- Own funds
- Article 9
- Calculation of own funds
- Article 10
- Safeguarding requirements
- Article 11
- Granting of authorisation
- Article 12
- Communication of the decision
- Article 13
- Withdrawal of authorisation
- Article 14
- Registration in the home Member State
- Article 15
- EBA register
- Article 16
- Maintenance of authorisation
- Article 17
- Accounting and statutory audit
- Article 18
- Activities
- Section 2
- Other requirements
- Article 19
- Use of agents, branches or entities to which activities are outsourced
- Article 20
- Liability
- Article 21
- Record-keeping
- Section 3
- Competent authorities and supervision
- Article 22
- Designation of competent authorities
- Article 23
- Supervision
- Article 24
- Professional secrecy
- Article 25
- Right to apply to the courts
- Article 26
- Exchange of information
- Article 27
- Settlement of disagreements between competent authorities of different Member States
- Article 28
- Application to exercise the right of establishment and freedom to provide services
- Article 29
- Supervision of payment institutions exercising the right of establishment and freedom to provide services
- Article 30
- Measures in case of non-compliance, including precautionary measures
- Article 31
- Reasons and communication
- Section 4
- Exemption
- Article 32
- Conditions
- Article 33
- Account information service providers
- Article 34
- Notification and information
- CHAPTER 2
- Common provisions
- Article 35
- Access to payment systems
- Article 36
- Access to accounts maintained with a credit institution
- Article 37
- Prohibition of persons other than payment service providers from providing payment services and duty of notification
- TITLE III
- TRANSPARENCY OF CONDITIONS AND INFORMATION REQUIREMENTS FOR PAYMENT SERVICES
- CHAPTER 1
- General rules
- Article 38
- Scope
- Article 39
- Other provisions in Union law
- Article 40
- Charges for information
- Article 41
- Burden of proof on information requirements
- Article 42
- Derogation from information requirements for low-value payment instruments and electronic money
- CHAPTER 2
- Single payment transactions
- Article 43
- Scope
- Article 44
- Prior general information
- Article 45
- Information and conditions
- Article 46
- Information for the payer and payee after the initiation of a payment order
- Article 47
- Information for payer’s account servicing payment service provider in the event of a payment initiation service
- Article 48
- Information for the payer after receipt of the payment order
- Article 49
- Information for the payee after execution
- CHAPTER 3
- Framework contracts
- Article 50
- Scope
- Article 51
- Prior general information
- Article 52
- Information and conditions
- Article 53
- Accessibility of information and conditions of the framework contract
- Article 54
- Changes in conditions of the framework contract
- Article 55
- Termination
- Article 56
- Information before execution of individual payment transactions
- Article 57
- Information for the payer on individual payment transactions
- Article 58
- Information for the payee on individual payment transactions
- CHAPTER 4
- Common provisions
- Article 59
- Currency and currency conversion
- Article 60
- Information on additional charges or reductions
- TITLE IV
- RIGHTS AND OBLIGATIONS IN RELATION TO THE PROVISION AND USE OF PAYMENT SERVICES
- CHAPTER 1
- Common provisions
- Article 61
- Scope
- Article 62
- Charges applicable
- Article 63
- Derogation for low value payment instruments and electronic money
- CHAPTER 2
- Authorisation of payment transactions
- Article 64
- Consent and withdrawal of consent
- Article 65
- Confirmation on the availability of funds
- Article 66
- Rules on access to payment account in the case of payment initiation services
- Article 67
- Rules on access to and use of payment account information in the case of account information services
- Article 68
- Limits of the use of the payment instrument and of the access to payment accounts by payment service providers
- Article 69
- Obligations of the payment service user in relation to payment instruments and personalised security credentials
- Article 70
- Obligations of the payment service provider in relation to payment instruments
- Article 71
- Notification and rectification of unauthorised or incorrectly executed payment transactions
- Article 72
- Evidence on authentication and execution of payment transactions
- Article 73
- Payment service provider’s liability for unauthorised payment transactions
- Article 74
- Payer’s liability for unauthorised payment transactions
- Article 75
- Payment transactions where the transaction amount is not known in advance
- Article 76
- Refunds for payment transactions initiated by or through a payee
- Article 77
- Requests for refunds for payment transactions initiated by or through a payee
- CHAPTER 3
- Execution of payment transactions
- Section 1
- Payment orders and amounts transferred
- Article 78
- Receipt of payment orders
- Article 79
- Refusal of payment orders
- Article 80
- Irrevocability of a payment order
- Article 81
- Amounts transferred and amounts received
- Section 2
- Execution time and value date
- Article 82
- Scope
- Article 83
- Payment transactions to a payment account
- Article 84
- Absence of payee’s payment account with the payment service provider
- Article 85
- Cash placed on a payment account
- Article 86
- National payment transactions
- Article 87
- Value date and availability of funds
- Section 3
- Liability
- Article 88
- Incorrect unique identifiers
- Article 89
- Payment service providers’ liability for non-execution, defective or late execution of payment transactions
- Article 90
- Liability in the case of payment initiation services for non-execution, defective or late execution of payment transactions
- Article 91
- Additional financial compensation
- Article 92
- Right of recourse
- Article 93
- Abnormal and unforeseeable circumstances
- CHAPTER 4
- Data protection
- Article 94
- Data protection
- CHAPTER 5
- Operational and security risks and authentication
- Article 95
- Management of operational and security risks
- Article 96
- Incident reporting
- Article 97
- Authentication
- Article 98
- Regulatory technical standards on authentication and communication
- CHAPTER 6
- ADR procedures for the settlement of disputes
- Section 1
- Complaint procedures
- Article 99
- Complaints
- Article 100
- Competent authorities
- Section 2
- ADR procedures and penalties
- Article 101
- Dispute resolution
- Article 102
- ADR procedures
- Article 103
- Penalties
- TITLE V
- DELEGATED ACTS AND REGULATORY TECHNICAL STANDARDS
- Article 104
- Delegated acts
- Article 105
- Exercise of the delegation
- Article 106
- Obligation to inform consumers of their rights
- TITLE VI
- FINAL PROVISIONS
- Article 107
- Full harmonisation
- Article 108
- Review clause
- Article 109
- Transitional provision
- Article 110
- Amendments to Directive 2002/65/EC
- Article 111
- Amendments to Directive 2009/110/EC
- Article 112
- Amendments to Regulation (EU) No 1093/2010
- Article 113
- Amendment to Directive 2013/36/EU
- Article 114
- Repeal
- Article 115
- Transposition
- Article 116
- Entry into force
- Article 117
- Addresses
- ANNEX I
- PAYMENT SERVICES
- (as referred to in point (3) of Article 4)
- ANNEX II
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