Question ID
2022_6391
Legal act
Directive 2015/2366/EU (PSD2)
Topic
Other topics
Article
3
Paragraph
g
Subparagraph
vii
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Not applicable
Article/Paragraph
0
Type of submitter
Competent authority
Subject matter
Paper-based postal money orders as defined by the Universal Postal Union
Question

1. Should postal transfers as defined by the Universal Postal Union, which are not made in paper form but by electronic means, be excluded from the scope of PSD2?  

 

2. If postal transfers, as defined by the Universal Postal Union, in both electronic and paper format, are inseparable from the postal operator’s accounting system, should also paper-based postal transfers not fall outside the scope of PSD2?  

 

3. Should such transfers be excluded from the scope of PSD2 in either case, or agree that the payment institution is not entitled to credit those funds to the payment service customers’ funds accounts where the money of the payment service users is kept separate?  

 

4. Can a payment institution that is also a postal service provider simultaneously provide both PSD2 regulated services and services related to payments but outside the scope of PSD2?

Background on the question

National law does not exclude postal operators, including postal giro payment institutions, from the Second Payment Services Directive No 215/2366 (PSD2) and they must obtain the relevant payment or electronic money institution’s license when providing payment services. 

Article 3(g)(vii) PSD2 states that payment transactions made on the basis of postal transfers (in paper form) established by the Universal Postal Union and made to a payment service provider in order to place funds at the disposal of the payee are not subject to the requirements of PSD2.  

The payment service providers is also a postal operator providing postal remittances as defined by the Universal Postal Union, and its transfers are made both electronically and in paper form in the giro system of the postal operator.

Submission date
Status
Question under review
Answer prepared by
Answer prepared by the European Commission because it is a matter of interpretation of Union law.