National Bank of Romania - Regulation and Licensing Department
It is necessary that the “responsible competent authority” criterion be clarified, by explicitly mentioning that the search shall be made by the name of the “registration/authorisation authority”.
a) Regarding the registration of the account information service providers (AISP)’ agents we would like to point out that Article 33 from PSD2 requires AISP to provide information only related to their agents situated in host Member States.
Consequently Article 3 letter h) from the ITS should be completed as follows:
“agents of account information service provider providing services in a Member State other than their home Member State“.
b) We do not agree with the addition of the “excluded service providers”, since the EBA mandate on the issue is limited to collecting information representing the description of the notified activities excluded from the scope of PSD2. Please also check the reasoning from Q7.
No, we do not agree.
The EBA is legally not able to add this specific information requirement under its PSD2 mandate.
According with the PSD2, the competent authorities should inform EBA and made publicly available in their national registers only the description of the activity provided by the “excluded service providers” (Article 37 from PSD2).
Apart from the issue of EBA mandate, please note that these service providers are not licensed nor supervised.
The “excluded service providers” which provide services from point (k) of Article 3 from PSD2 have no obligation to inform the authority on the changes that affect the accuracy of information initially provided or if they decided to terminate the activity notified.