Please clarify whether under Directive 2015/2366, in the exchange of notifications between NCAs, Annex VI of the Commission Delegated Regulation (EU) 2017/2055 should be sent concerning each new agent/distributor or only for the first agent/distributor acting on behalf of a payment/e-money institution.
The competent authority of Member State A understands that Annex VI refers to the Notification template for the exchange of information in relation to starting agent passport activities by payment institutions in a Member State. It means that it is necessary to send this annex in case a payment institution initiates its activities for the first time in a Member State (under the regime of a branch or through agents).
In accordance with Article 28(2) and (3) of Directive 2015/2366/EU (PSD2) and Articles 10 and 13 of the Commission Delegated Regulation (EU) 2017/2055, where a payment institution (PI) or an e-money institution (EMI) submits an agent passport application, as defined in Article 2(d) of the Delegated Regulation, the competent authority of the home Member State shall communicate to the competent authority of the host Member State:
In the case of the appointment of distributors by an EMI in a host Member State, in accordance with Articles 1(2) and 3(3) of the Delegated Regulation, the competent authority of the home Member State shall transmit to the competent authority of the host Member State:
In case of any changes to a previous agent passport application, including additional agents, Article 28(4) of PSD2 provides that the procedure set out in Article 28 paragraphs 2 and 3 of PSD2 shall apply. Furthermore, Article 12(2) of the Delegated Regulation specifies that, in such case, the competent authority of the home Member State shall transmit the relevant changes to the competent authority of the host Member State by compiling only those parts of the template set out in Annex III that are affected by the changes.
While Article 12(2) only refers explicitly to the template in Annex III, in the case of engagement of new agents or distributors in the host Member State, it follows from Article 28(4) of PSD2 that the competent authority of the home Member State should also inform the competent authority of the host Member State of the date from which the PI/EMI commences its activities through the new agent/distributor in the host Member State, by means of the notification template set out in Annex VI.
Accordingly, the competent authority of the home Member State should transmit to the competent authority of the host Member State the notification template set out in Annex VI concerning each new agent/distributor appointed in the host Member State, and not only for the first agent(s)/distributor(s) included in the initial passport notification.