- Question ID
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2022_6612
- Legal act
- Directive 2015/2366/EU (PSD2)
- Topic
- Other topics
- Article
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58
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
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The question does not relate to delegated acts
- Type of submitter
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Individual
- Subject matter
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Information provided to the payee on individual payment transaction
- Question
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If a framework contract includes a condition on providing all required information to the payee at least once a month, is the payment service provider still obliged to provide the information to the payee after the execution of individual payment transaction? Or providing monthly information is enough and provision of information separately about each individual transaction is not required anymore?
- Background on the question
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According to paragraph 1 of the Article 58 of the PSD2, after the execution of an individual payment transaction, the payee’s payment service provider shall provide the payee without undue delay the information specified in the Article 58. According to paragraph 2 of the Article 58, a framework contract may include a condition that the information referred to in paragraph 1 is to be provided or made available periodically, at least once a month and in an agreed manner which allows the payee to store and reproduce information unchanged.
- Submission date
- Final publishing date
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- Final answer
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Article 58(1) PSD2 stipulates that the payee’s payment service provider shall provide the payee without undue delay with certain information after the execution of an individual payment transaction.
Article 58(2) PSD2 provides that “a framework contract may include a condition that the information referred to in paragraph 1 is to be provided or made available periodically, at least once a month and in an agreed manner which allows the payee to store and reproduce information unchanged”.
Article 58(2) PSD2 is to be understood as providing parties to a framework contract with the possibility to deviate from the default frequency and manner in which the information in paragraph 1 is to be provided or made available.
This interpretation is supported by recital 57, which clarifies that “(…) it should be possible for the payment service provider and the payment service user to agree in the framework contract on the manner in which subsequent information on executed payment transactions is to be given (…)”.
If a framework contract includes a condition as referred to in Article 58(2) PSD2, the payee’s payment service provider is not obliged to also provide the payee after the execution of an individual payment transaction without undue delay with the information set out in Article 58(1)(a)-(e) PSD2.
Disclaimer: The answer clarifies 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.