EBA E-mail alert October 11, 2024

Können sowohl der in Artikel 501 CRR genannte Faktor zur Unterstützung von KMU als auch der in Artikel 501a CRR genannte Faktor zur Unterstützung von Infrastruktur auf eine Risikoposition angewandt werden?

Can the supporting factor for SMEs referred to in Article 501 CRR and the infrastructure supporting factor referred to in Article 501a CRR both be applied to an exposure?

If a provider offers cash ATM withdrawal services, not acting on behalf of one or more card issuers but rather through an agreement with the main payment circuits, shall this type of provision be considered exempt from the PSD2?  

1. Is an (international) non-profit association, acting as netting centre in the framework of a multilateral netting agreement entered into between its members, that receives and forward funds to and from its members through a bank account opened in its name deemed to carry out payment services falling within the scope of Article 4(3) of 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 ('PSD2') (e.g. the execution of payment transaction or money remittance)?

2. If the netting center is deemed to carry out payment services, can the netting centre rely on exclusion of Article 3(n) of PSD2, i.e. 'payment transactions and related services between a parent undertaking and its subsidiary or between subsidiaries of the same parent undertaking, without any intermediary intervention by a payment service provider other than an undertaking belonging to the same group'?

What is the difference between payment account, e-money account and a bank account (account held at the credit institution) in terms of allowed transactions? Is it possible to hold funds on a payment account to make future payment transactions?

Is it possible to receive the salary on a payment account, if this account is not an e-money account or an account held by a credit institution, which constitute a deposit or other repayable fund?

Do vouchers/gift cards issued by an electronic money institution (EMI) to top-up an e-money account (managed by the EMI itself) in order to purchase on an e-commerce platform: i) goods and services sold directly by companies belonging to the same corporate group of the EMI (thus falling out of the scope of PSD2, encompassing the exemption provided for intra-group transactions in Article 3(1)(n) of the PSD2); ii) goods and services of third-party merchants, have to be qualified as e-money at the time of issuing (i.e. sale) or - given the possible indefinite use of the funds - they acquire that status only at the moment they are used to purchase goods and services from third-party merchants on the e-commerce platform?

Does the ASPSP have to return the card number (PAN) attached to a fetched payment account in case the user can access this data during a standard session with its ASPSP in the direct internet banking interface? In case of "YES", does the TPP that is fetching this data have to be PCI DSS certified, since this data has to be encrypted based on the PCI DSS requirements? Moreover, could be the "card number (PAN)" considered sensible, since it could be potentially used for fraud?