List of Q&As

Ability of Payee’s PSP to apply exemptions from SCA in credit transfers

Can the Payee’s Payment Services Provider (PSP) apply an exemption from strong customer authentication (SCA) in credit transfers that are initiated through the payee?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication

ID: 2021_5845 | Topic: Strong customer authentication and common and secure communication (incl. access) | Date of submission: 12/05/2021 | Date of publication: 27/01/2023

Encumbrance duration of reverse repo in NSFR when the received collateral has been sold short

When the received collateral through a reverse repo has been sold outright, what should the encumbrance duration for the reverse repo be?

Legal act: Regulation (EU) No 575/2013 (CRR)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2021/451 – ITS on supervisory reporting of institutions

ID: 2022_6345 | Topic: Liquidity risk | Date of submission: 24/01/2022 | Date of publication: 20/01/2023

Collateral swaps with underlying collateral baskets

How to create combinations for collateral swaps with underlying collateral baskets for a special case where no asset left for one leg? Please see more details with the example. 

Legal act: Regulation (EU) No 575/2013 (CRR)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) No 680/2014 - ITS on supervisory reporting of institutions (as amended)

ID: 2022_6331 | Topic: Supervisory reporting - Liquidity (LCR, NSFR, AMM) | Date of submission: 05/01/2022 | Date of publication: 20/01/2023

Establishment of a resolution college

Is a resolution college to be established pursuant to Article 88 for a group consisting of a bank which is a resolution entity in a member state, the bank’s significant branches in other Member States, the bank’s subsidiaries (credit institutions) in the Member State where the bank is domiciled and the bank’s subsidiaries (credit institutions) in third countries?

Legal act: Directive 2014/59/EU (BRRD)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2022_6594 | Topic: Cross-border resolution | Date of submission: 30/09/2022 | Date of publication: 20/01/2023

Transactions initiated via electronic mail (email)

Do transactions initiated via electronic mail (email) qualify as initiations pursuant to Article 97 para. 1 (b) PSD2 and are therefore subject to the RTS SCA requirements?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication

ID: 2021_6315 | Topic: Strong customer authentication and common and secure communication (incl. access) | Date of submission: 15/12/2021 | Date of publication: 06/01/2023

Articulation and interaction of the second and the third sub-paragraph of Article 74 (1) of the PSD2

In cases where the payer could not possibly detect the loss, theft or misappropriation of his instrument before it was used, is it correct to state that there can be no liability at all, including if the payer has acted with gross negligence?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_6305 | Topic: Other topics | Date of submission: 06/12/2021 | Date of publication: 06/01/2023

Calculation of “payment volume” for method B in the Article 9 of Directive EU 2015/36 (PSD2)

Can you please clarify the definition of 'previous year' when computing the “total amount of payment transactions executed” referred to in the calculation of “payment volume” for method B in the Article 9 of Directive EU 2015/36 (PSD2) as to whether it should be the previous 12 months from the date of calculation, therefore a rolling calculation, or whether it refers to the 'previous accounting year'? 

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_6241 | Topic: Authorisation and registration | Date of submission: 19/10/2021 | Date of publication: 06/01/2023

On the access to safeguarding accounts through the Application Programming Interface (API)

Shall a safeguarding account of the e-money institution (EMI) or/and of the payment institution (EMI and PI) within the account servicing payment service provider (ASPSP) be considered as a payment account and therefore should be accessible (displayed) through the Application Programming Interface (API) of ASPSP?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_5755 | Topic: Other topics | Date of submission: 23/02/2021 | Date of publication: 06/01/2023

Bill-payment via postal service

Does bill-payment via snail-mail (postal service) fall into the definition of Article 97 1(c) and thus are subject to strong customer authentication (SCA) requirements?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2020_5534 | Topic: Strong customer authentication and common and secure communication (incl. access) | Date of submission: 06/10/2020 | Date of publication: 06/01/2023

Clarification of meanings 'transferring of funds' and 'another payment service provider’ in the context of article 10(1)(a) of PSD2

1) How to understand the meaning 'another payment service provider', specified in Article 10(1)(a) of PSD2? What is the definition of this meaning in the context of Article 10(1)(a) of PSD2? 2) How to understand the meaning ‘transferred to another payment service provider’, specified in Article 10(1)(a) of PSD2? In particular, is it possible to consider as 'transferred to another payment service provider' transferring of funds (which have been received by Payment service provider No. 1 from the payment service users or through another payment service provider for the execution of payment transactions) on payment account of the payment service provider No. 1, that is opened with Payment service provider No. 2? On what legal basis the transfer of funds must take place in order to be considered 'transferred to another payment service provider'?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2020_5502 | Topic: Other topics | Date of submission: 16/09/2020 | Date of publication: 06/01/2023

“Triangular ” passport

Are “triangular” passports possible under the current legal framework governing the passporting rights among the EU Member States?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2017/2055 - RTS on passporting under PSD2

ID: 2021_5726 | Topic: Passporting | Date of submission: 08/02/2021 | Date of publication: 06/01/2023

Ability of a creditor to change a mandate

Can a creditor introduce changes to a mandate, in accordance to Article 64(2) PSD2, by observing the same procedure as described in Article 54(1), i.e. by informing debtor that the collection of the amount due, as agreed in the mandate, will continue unless debtor indicates the contrary?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2020_5479 | Topic: Other topics | Date of submission: 07/09/2020 | Date of publication: 06/01/2023

Safeguarding

Are payment institutions able to simultaneously adopt different safeguarding methods with respect to funds held?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2020_5264 | Topic: Authorisation and registration | Date of submission: 19/05/2020 | Date of publication: 06/01/2023

Collection of fees for utilities or other regular services

Does a business model where the contributions (collected fees for utilities or other regular services) received from the payers are transferred to the payees (service providers) in individual transfers, without opening or maintaining accounts on behalf of neither payers nor payees (service providers), nor issuing any payment instruments to them, but the Company has contracts with the payees for accepting the transfers, constitute the provision of money remittance service as it is defined in Article 4(22) PSD2?Does a business model where the contributions (collected fees for utilities or other regular services) received from the payers are being aggregated and then transferred to the payee (service provider), without opening or maintaining accounts on behalf of neither payers nor payees (service providers), nor issuing any payment instruments to them, constitute the provision of money remittance service to the payer and acquiring of payment transactions service to the payee, as money remittance and acquiring of payment transactions are defined in Article 4(22) and (44) PSD2?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2020_5099 | Topic: Authorisation and registration | Date of submission: 27/01/2020 | Date of publication: 06/01/2023

Capacity of a CSD-banking service provider to convert into cash on a same-day basis collateral or investments through prearranged and highly reliable funding arrangements

What is the meaning of “same day basis” and the settlement period linked to it in Article 10(2)(f) of Regulation (EU) 2017/390?   Furthermore, in view of cut-off times of prearranged and highly reliable funding arrangements including committed repo lines, does the notion ‘same-day basis’ strictly require the conversion of collateral or investments into cash on the same day, or is it sufficient that a CSD-banking service provider has the capacity to start the conversion process on the same day?

Legal act: Regulation (EU) No 909/2014 (CSDR) - only RTS 2017/390

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2017/390 - RTS on prudential requirements of CSDs (CSDR-related)

ID: 2021_6083 | Topic: Market infrastructures | Date of submission: 12/07/2021 | Date of publication: 06/01/2023

Calculating RWAs for the portion of the securitisation position benefitting from credit protection

In case of an institution buying credit protection, which approach has to be applied for calculating RWAs for the portion of the securitisation position benefitting from credit protection, if the SEC-SA Approach is used for the portion of the securitisation position not benefitting from credit protection, and the institution is allowed to apply the IRB Approach to the direct exposures to the protection provider? May the institution (buying credit protection) calculate the RWAs for the portion of the securitisation position benefitting from credit protection as a direct exposure to the protection provider using the IRB Approach?

Legal act: Regulation (EU) No 575/2013 (CRR)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2020_5176 | Topic: Securitisation and Covered Bonds | Date of submission: 16/03/2020 | Date of publication: 06/01/2023

Display of negative interest rate in statement of fees

How should a fee corresponding to negative interest (in case of negative policy interest rate of the respective central bank) be displayed in the Statement of Fees (SoF) pursuant to Article 5 Payment Accounts Directive (PAD) and in accordance with Commission Implementing Regulation (EU) 2018/33 (ITS on SoF)?

Legal act: Directive 2014/92/EU (PAD)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/33 - ITS with regard to the standardised presentation format of the statement of fees

ID: 2021_5850 | Topic: Payment accounts | Date of submission: 13/05/2021 | Date of publication: 22/12/2022

Money broking

What specific services and products are part of money broking?

Legal act: Directive 2013/36/EU (CRD)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_5771 | Topic: Other issues | Date of submission: 09/03/2021 | Date of publication: 22/12/2022

Qualifying holdings assessment pursuant to the exercise of resolution powers

In the context of the application of resolution tools or the exercise of resolution powers under Directive 2014/59/EU (BRRD), that may imply the creation or increase of qualifying holdings, does the exercise of control by a resolution authority over an institution under resolution or of some or all the rights and powers conferred upon the shareholders of an institution under resolution make the resolution authority subject to the prudential assessment envisaged by Article 22 CRD? Where the RA of Member State A applies resolution tools or exercises resolution powers in respect of an entity under resolution located in Member State A, which owns qualifying holdings in an entity located in Member State B, is the RA of Member State A subject to the prudential assessment of the competent authority of Member State B in as much as holder of indirect qualifying holding?

Legal act: Directive 2014/59/EU (BRRD)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_5765 | Topic: Interactions with the CRR / CRD IV and the BRRD | Date of submission: 04/03/2021 | Date of publication: 22/12/2022

Interpretation of references to legal acts no longer in force

How should we interpret references to legal acts that are no longer in force?

Legal act: Regulation (EU) No 575/2013 (CRR)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_5698 | Topic: Other issues | Date of submission: 25/01/2021 | Date of publication: 22/12/2022