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Q&As refer 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. You should therefore check the date of publication and whether the provisions referred to in the final Q&As remain the same.

An overview of all the Q&As affected by the review of CRR-CRD and BRRD Q&As against the revised versions of those legislative acts following the amendments introduced in June 2019 can be accessed here (updated on 10.12.2021).

Please note that the Q&As related to the supervisory benchmarking exercises have been moved to the dedicated handbook page. You can submit Q&As on this topic here.

List of Q&A's

Authentication procedures that ASPSPs’ interfaces are required to support (using re-direction)

In a pure redirection-based approach, can an ASPSP, which is not offering a mobile web browser to its PSU’s, decide not to support  an authentication via a mobile web browser authentication page (no app-to-mobile web browser or mobile web browser-to-mobile web browser  redirection) for PISPs/AISPs on the basis of duly justified security risks, without being considered a breach of Article 97 (5) PSD2 and Article 30(2) of the RTS on SCA and CSC and/or an obstacle under Article 32(3) of the RTS on SCA and CSC?  

  • 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

Application of SCA for confirmation of funds requests made by a PISP

1) Should two SCAs be applied when a fund confirmation is made by a PISP? i.e. one for fund confirmation and one for payment initiation? 2) Should ASPSPs provide confirmation to a CoF request made by a PISP before or after the payment is submitted?

  • 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

Arbitrating between security and obstacles

Can an Account Servicing Payment Service Provider (ASPSP) know a mobile phone number inside of the Third Party Provider (TPP)’s organisation in order to send a decryption password to the TPP out-of-band via SMS?   

  • 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

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

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

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 (repealed)

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

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

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

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

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

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

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

“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

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

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

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

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)

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

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