- Question ID
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2024_7056
- Legal act
- Directive 2015/2366/EU (PSD2)
- Topic
- Other topics
- Article
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Article 18
- Paragraph
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4
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
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.
- Type of submitter
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Individual
- Subject matter
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Credit
- Question
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Does this credit qualify as consumer credit, exclusively available to individual consumers? Or can it also be extended to legal entities?
- Background on the question
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In accordance with Article 18 of PSD2, payment institutions are authorized to extend credit pertaining to payment services outlined in points (4) or (5) of Annex I.
- Submission date
- Final publishing date
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- Final answer
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According to Article 18.4 PSD2, Payment institutions may grant credit relating to payment services as referred to in point (4) or (5) of Annex I only if all of the following conditions are met:
(a) the credit shall be ancillary and granted exclusively in connection with the execution of a payment transaction;
(b) notwithstanding national rules on providing credit by credit cards, the credit granted in connection with a payment and executed in accordance with Article 11(9) and Article 28 shall be repaid within a short period which shall in no case exceed 12 months;
(c) such credit shall not be granted from the funds received or held for the purpose of executing a payment transaction;
(d) the own funds of the payment institution shall at all times and to the satisfaction of the supervisory authorities be appropriate in view of the overall amount of credit granted.
As no further limitations are provided in this provision, it is to be understood that payment institutions may grant credit related to payment services, as referred to in points (4) or (5) of Annex I, to any payment service users who, in accordance with Article 4(10) of PSD2, are defined as natural or legal persons using a payment service in the capacity of payer, payee, or both.
Disclaimer:
The answer clarifies provisions already contained in the applicable legislation. It does not extend in any way the rights and obligations deriving from such legislation; nor does it introduce any additional requirements for the concerned operators and competent authorities. The answer is merely intended to assist natural or legal persons; including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.
- Status
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Final Q&A
- Answer prepared by
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Answer prepared by the European Commission because it is a matter of interpretation of Union law.
Disclaimer
The Q&A refers to the provisions in force on the day of their publication. The EBA does not systematically review published Q&As following the amendment of legislative acts. Users of the Q&A tool should therefore check the date of publication of the Q&A and whether the provisions referred to in the answer remain the same.