- Question ID
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2021_6320
- Legal act
- Directive 2015/2366/EU (PSD2)
- Topic
- Strong customer authentication and common and secure communication (incl. access)
- Article
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66
- Paragraph
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4
- Subparagraph
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b
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication
- Article/Paragraph
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36(1)(b)
- Type of submitter
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Other
- Subject matter
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PISP’s access to payable charges applied by the ASPSP on the PSU’s initiated payment via the ASPSP’s dedicated interface
- Question
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Shall the account servicing payment service provider (ASPSP) make the transaction fees accessible to payment initiation service providers (PISPs) via the dedicated interface?
- Background on the question
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A certain ASPSP has decided to not make information concerning the amount of charges for the payment transaction payable by the payer accessible for PISPs via the ASPSP’s dedicated interface. However, the information is available to the payment service user (PSU) if the PSU directly initiates a transaction with the ASPSP. The ASPSP has stated that it is not necessary to provide the information concerning payable charges to the PISP as the information is shown directly to the PSU on the ASPSP’s redirection pages.
Pursuant to Article 66(4)(b) PSD2, the ASPSP shall provide the PISP with all the information on the initiation of the payment transaction and all accessible information regarding the execution of the payment. Article 36(1)(b) of the RTS (EU) 2018/389 (RTS) additionally specifies that the ASPSP shall provide the PISP with the same information on the initiation and execution of the payment transaction provided or made available to the PSU when the transaction is initiated directly by the latter.
The requirement to provide or make available ‘all information on the initiation of the payment transaction and all information accessible to the ASPSP regarding the execution of the payment transaction’ should at a minimum consist of the information specified in Articles 56 and 57 PSD2, which includes the amount of any charges payable by the payer for the payment transaction, as that information would be made available to the PSU if they directly initiated a payment with the ASPSP.
Thus, ASPSPs shall provide PISPs with the information on the charges payable by the payer for the payment transaction that the PSU initiates via the dedicated interface. Information on the transaction fees are part of the essential payment information and is also necessary for the PISPs in order to provide their payment service offering. PISPs need the information to inform the PSU of the full cost of the payment transaction but may also need the information for reconciliation, fraud prevention and refunding purposes.
- Submission date
- Final publishing date
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- Final answer
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Articles 45, 52 and 56 and Article 60(2) of Directive (EU) 2366/2015 (PSD2), oblige payment service providers (including account servicing payment service providers ‘ASPSPs’ and payment initiation service providers ‘PISPs’) to provide payment service users with certain information about charges payable by those payment service users.
Article 66(4), point (b), of PSD2 obliges ASPSPs to provide or make available to the PISP, immediately after receipt of the payment order from that PISP:
(a) all information on the initiation of the payment transaction;
(b) all information accessible to the ASPSP regarding the execution of the payment transaction.
In addition, Article 36(1), point (b) of Delegated Regulation (EU) 2018/389 obliges ASPSPs to provide PISPs, immediately after they have received the payment order, with the same information on the initiation and execution of the payment transaction provided or made available to the payment service user.
However, no provision of PSD2, nor of Delegated Regulation (EU) 2018/389, obliges ASPSPs to inform a PISP about their charges towards the payment service user prior to initiating a payment via the dedicated interface.
Disclaimer: The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are 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.