PSD2
Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market (PSD2) · st:psd2
Primary text ↗Verified
Dates
2016-01-13 source
In force from
Key provisions
10 in the graphThe article’s own text, quoted verbatim from the primary source below — a citable fact, not a summary. No plain-English explanation is shown: writing one would be legal analysis nobody sourced (docs/RULES.md R1). That register is reserved should sourced explanations be added later, and will never share this card’s styling.
Annex I (Payment services)
prov:psd2-annex1
ARTICLE TEXT — VERBATIM, TIER B
1. Services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account.
2. Services enabling cash withdrawals from a payment account as well as all the operations required for operating a payment account.
3. Execution of payment transactions, including transfers of funds on a payment account with the user's payment service provider or with another payment service provider:
(a) execution of direct debits, including one-off direct debits;
(b) execution of payment transactions through a payment card or a similar device;
(c) execution of credit transfers, including standing orders.
4. Execution of payment transactions where the funds are covered by a credit line for a payment service user:
(a) execution of direct debits, including one-off direct debits;
(b) execution of payment transactions through a payment card or a similar device;
(c) execution of credit transfers, including standing orders.
5. Issuing of payment instruments and/or acquiring of payment transactions.
6. Money remittance.
7. Payment initiation services.
8. Account information services. source
PLAIN-ENGLISH EXPLANATION
Not built — see docs/RULES.md R1. This register is reserved for a future, separately sourced and cited explanation; it will never be filled with unsourced prose.
Grants (in the graph) Place cash on a payment account, Cash withdrawal from a payment account, Execute payment transactions (direct debits, card payments, credit transfers), Execute payment transactions funded by a credit line, Issue payment instruments and/or acquire payment transactions, Money remittance, Payment initiation services, Account information services
Article 7 (Own funds / initial capital)
prov:psd2-art7
ARTICLE TEXT — VERBATIM, TIER B
Member States shall require payment institutions to hold, at the time of authorisation, initial capital, comprised of one or more of the items referred to in Article 26(1)(a) to (e) of Regulation (EU) No 575/2013 as follows: (a) where the payment institution provides only the payment service as referred to in point (6) of Annex I, its capital shall at no time be less than EUR 20 000; (b) where the payment institution provides the payment service as referred to in point (7) of Annex I, its capital shall at no time be less than EUR 50 000; (c) where the payment institution provides any of the payment services as referred to in points (1) to (5) of Annex I, its capital shall at no time be less than EUR 125 000. source
PLAIN-ENGLISH EXPLANATION
Not built — see docs/RULES.md R1. This register is reserved for a future, separately sourced and cited explanation; it will never be filled with unsourced prose.
Backs requirement minimumCapital
Article 19(1) (Use of agents)
prov:psd2-art19
ARTICLE TEXT — VERBATIM, TIER B
Where a payment institution intends to provide payment services through an agent it shall communicate the following information to the competent authorities in its home Member State: (a) the name and address of the agent; (b) a description of the internal control mechanisms that will be used by the agent in order to comply with the obligations in relation to money laundering and terrorist financing under Directive (EU) 2015/849, to be updated without delay in the event of material changes to the particulars communicated at the initial notification; (c) the identity of directors and persons responsible for the management of the agent to be used in the provision of payment services and, for agents other than payment service providers, evidence that they are fit and proper persons; (d) the payment services of the payment institution for which the agent is mandated; and (e) where applicable, the unique identification code or number of the agent. source
PLAIN-ENGLISH EXPLANATION
Not built — see docs/RULES.md R1. This register is reserved for a future, separately sourced and cited explanation; it will never be filled with unsourced prose.
Article 28(1) (Right of establishment / freedom to provide services)
prov:psd2-art28
ARTICLE TEXT — VERBATIM, TIER B
Any authorised payment institution wishing to provide payment services for the first time in a Member State other than its home Member State, in the exercise of the right of establishment or the freedom to provide services, shall communicate the following information to the competent authorities in its home Member State: (a) the name, the address and, where applicable, the authorisation number of the payment institution; (b) the Member State(s) in which it intends to operate; (c) the payment service(s) to be provided; (d) where the payment institution intends to make use of an agent, the information referred to in Article 19(1); (e) where the payment institution intends to make use of a branch, the information referred to in points (b) and (e) of Article 5(1) with regard to the payment service business in the host Member State, a description of the organisational structure of the branch and the identity of those responsible for the management of the branch. source
PLAIN-ENGLISH EXPLANATION
Not built — see docs/RULES.md R1. This register is reserved for a future, separately sourced and cited explanation; it will never be filled with unsourced prose.
Article 29(1) (Supervision of payment institutions exercising the right of establishment and freedom to provide services)
prov:psd2-art29
ARTICLE TEXT — VERBATIM, TIER B
In order to carry out the controls and take the necessary steps provided for in this Title and in the provisions of national law transposing Titles III and IV, in accordance with Article 100(4), in respect of the agent or branch of a payment institution located in the territory of another Member State, the competent authorities of the home Member State shall cooperate with the competent authorities of the host Member State. source
PLAIN-ENGLISH EXPLANATION
Not built — see docs/RULES.md R1. This register is reserved for a future, separately sourced and cited explanation; it will never be filled with unsourced prose.
Article 30 (Measures in case of non-compliance, including precautionary measures)
prov:psd2-art30
ARTICLE TEXT — VERBATIM, TIER B
1. Without prejudice to the responsibility of the competent authorities of the home Member State, where the competent authority of the host Member State ascertains that a payment institution having agents or branches in its territory does not comply with this Title or with national law transposing Title III or IV, it shall inform the competent authority of the home Member State without delay.
The competent authority of the home Member State, after having evaluated the information received pursuant to the first subparagraph, shall, without undue delay, take all appropriate measures to ensure that the payment institution concerned puts an end to its irregular situation. The competent authority of the home Member State shall communicate those measures without delay to the competent authority of the host Member State and to the competent authorities of any other Member State concerned. source
PLAIN-ENGLISH EXPLANATION
Not built — see docs/RULES.md R1. This register is reserved for a future, separately sourced and cited explanation; it will never be filled with unsourced prose.
Article 5 (Applications for authorisation)
prov:psd2-art5
ARTICLE TEXT — VERBATIM, TIER B
For authorisation as a payment institution, an application shall be submitted to the competent authorities of the home Member State, together with the following: (a) a programme of operations setting out in particular the type of payment services envisaged; (b) a business plan including a forecast budget calculation for the first 3 financial years which demonstrates that the applicant is able to employ the appropriate and proportionate systems, resources and procedures to operate soundly; (c) evidence that the payment institution holds initial capital as provided for in Article 7; (d) for the payment institutions referred to in Article 10(1), a description of the measures taken for safeguarding payment service users’ funds in accordance with Article 10; (e) a description of the applicant’s governance arrangements and internal control mechanisms, including administrative, risk management and accounting procedures, which demonstrates that those governance arrangements, control mechanisms and procedures are proportionate, appropriate, sound and adequate; (f) a description of the procedure in place to monitor, handle and follow up a security incident and security related customer complaints, including an incidents reporting mechanism which takes account of the notification obligations of the payment institution laid down in Article 96; (g) a description of the process in place to file, monitor, track and restrict access to sensitive payment data; (h) a description of business continuity arrangements including a clear identification of the critical operations, effective contingency plans and a procedure to regularly test and review the adequacy and efficiency of such plans; (i) a description of the principles and definitions applied for the collection of statistical data on performance, transactions and fraud; (j) a security policy document, including a detailed risk assessment in relation to its payment services and a description of security control and mitigation measures taken to adequately protect payment service users against the risks identified, including fraud and illegal use of sensitive and personal data; (k) for payment institutions subject to the obligations in relation to money laundering and terrorist financing under Directive (EU) 2015/849 of the European Parliament and of the Council ( 31 ) and Regulation (EU) 2015/847 of the European Parliament and of the Council ( 32 ) , a description of the internal control mechanisms which the applicant has established in order to comply with those obligations; (l) a description of the applicant’s structural organisation, including, where applicable, a description of the intended use of agents and branches and of the off-site and on-site checks that the applicant undertakes to perform on them at least annually, as well as a description of outsourcing arrangements, and of its participation in a national or international payment system; (m) the identity of persons holding in the applicant, directly or indirectly, qualifying holdings within the meaning of point (36) of Article 4(1) of Regulation (EU) No 575/2013, the size of their holdings and evidence of their suitability taking into account the need to ensure the sound and prudent management of a payment institution; (n) the identity of directors and persons responsible for the management of the payment institution and, where relevant, persons responsible for the management of the payment services activities of the payment institution, as well as evidence that they are of good repute and possess appropriate knowledge and experience to perform payment services as determined by the home Member State of the payment institution; (o) where applicable, the identity of statutory auditors and audit firms as defined in Directive 2006/43/EC of the European Parliament and of the Council ( 33 ) ; (p) the applicant’s legal status and articles of association; (q) the address of the applicant’s head office. For the purposes of points (d), (e) (f) and (l) of the first subparagraph, the applicant shall provide a description of its audit arrangements and the organisational arrangements it has set up with a view to taking all reasonable steps to protect the interests of its users and to ensure continuity and reliability in the performance of payment services. The security control and mitigation measures referred to in point (j) of the first subparagraph shall indicate how they ensure a high level of technical security and data protection, including for the software and IT systems used by the applicant or the undertakings to which it outsources the whole or part of its operations. Those measures shall also include the security measures laid down in Article 95(1). Those measures shall take into account EBA’s guidelines on security measures as referred to in Article 95(3) when in place. source
PLAIN-ENGLISH EXPLANATION
Not built — see docs/RULES.md R1. This register is reserved for a future, separately sourced and cited explanation; it will never be filled with unsourced prose.
Article 11 (Granting of authorisation)
prov:psd2-art11
ARTICLE TEXT — VERBATIM, TIER B
Member States shall require undertakings other than those referred to in points (a), (b), (c), (e) and (f) of Article 1(1) and other than natural or legal persons benefiting from an exemption pursuant to Article 32 or 33, who intend to provide payment services, to obtain authorisation as a payment institution before commencing the provision of payment services. An authorisation shall only be granted to a legal person established in a Member State. source
PLAIN-ENGLISH EXPLANATION
Not built — see docs/RULES.md R1. This register is reserved for a future, separately sourced and cited explanation; it will never be filled with unsourced prose.
Article 18 (Activities)
prov:psd2-art18
ARTICLE TEXT — VERBATIM, TIER B
Apart from the provision of payment services, payment institutions shall be entitled to engage in the following activities: (a) the provision of operational and closely related ancillary services such as ensuring the execution of payment transactions, foreign exchange services, safekeeping activities, and the storage and processing of data; (b) the operation of payment systems, without prejudice to Article 35; (c) business activities other than the provision of payment services, having regard to applicable Union and national law. source
PLAIN-ENGLISH EXPLANATION
Not built — see docs/RULES.md R1. This register is reserved for a future, separately sourced and cited explanation; it will never be filled with unsourced prose.
Article 32 (Conditions for the small payment institution exemption)
prov:psd2-art32
ARTICLE TEXT — VERBATIM, TIER B
Member States may exempt or allow their competent authorities to exempt, natural or legal persons providing payment services as referred to in points (1) to (6) of Annex I from the application of all or part of the procedure and conditions set out in Sections 1, 2 and 3, with the exception of Articles 14, 15, 22, 24, 25 and 26, where: (a) the monthly average of the preceding 12 months’ total value of payment transactions executed by the person concerned, including any agent for which it assumes full responsibility, does not exceed a limit set by the Member State but that, in any event, amounts to no more than EUR 3 million. That requirement shall be assessed on the projected total amount of payment transactions in its business plan, unless an adjustment to that plan is required by the competent authorities; and (b) none of the natural persons responsible for the management or operation of the business has been convicted of offences relating to money laundering or terrorist financing or other financial crimes. source
PLAIN-ENGLISH EXPLANATION
Not built — see docs/RULES.md R1. This register is reserved for a future, separately sourced and cited explanation; it will never be filled with unsourced prose.
National regimes implementing it
30 regimesOne statute, implemented differently by each regime below — the same directive granting different activities, client types and capital figures market by market.
WhereAuthorityRegimeCapital · transitionFirms
DEBaFinPayment Institution / GermanyPlace cash on a payment account, Cash withdrawal from a payment account +7EUR 125,000 source3 months source2
FRACPR (Banque de France)Payment Institution / FrancePlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source0
NLDe Nederlandsche BankPayment Institution / NetherlandsPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source69
IECentral Bank of IrelandPayment Institution / IrelandPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source0
LTBank of LithuaniaPayment Institution / LithuaniaPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source1
LUCSSFPayment Institution / LuxembourgPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source0
MTMFSAPayment Institution / MaltaPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source0
BENational Bank of BelgiumPayment Institution / BelgiumPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source5
ESBanco de EspañaPayment Institution / SpainPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source4
ITBanca d'ItaliaPayment Institution / ItalyPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source2
PLKNFPayment Institution / PolandPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source44
SEFinansinspektionenPayment Institution / SwedenPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source5
DKFinanstilsynet (Denmark)Payment Institution / DenmarkPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source1
EEFinantsinspektsioonPayment Institution / EstoniaPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source2
CYCentral Bank of CyprusPayment Institution / CyprusPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source1
ATFMA (Financial Market Authority Austria)Payment Institution / AustriaPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source5
BGBulgarian National Bank (BNB)Payment Institution / BulgariaPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source1
HRHrvatska narodna banka (HNB)Payment Institution / CroatiaPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source2
CZCzech National Bank (CNB)Payment Institution / CzechiaPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source3
FIFinancial Supervisory Authority (FIN-FSA / Finanssivalvonta)Payment Institution / FinlandPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source3
GRBank of GreecePayment Institution / GreecePlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source3
HUMagyar Nemzeti Bank (MNB)Payment Institution / HungaryPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source3
ISFinancial Supervisory Authority of the Central Bank of Iceland (FME)Payment Institution / IcelandPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source2
LVLatvijas BankaPayment Institution / LatviaPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source1
LIFinanzmarktaufsicht Liechtenstein (FMA Liechtenstein)Payment Institution / LiechtensteinPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source1
NOFinanstilsynet (Financial Supervisory Authority of Norway)Payment Institution / NorwayPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source2
PTBanco de PortugalPayment Institution / PortugalPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source4
ROBanca Naţională a României (BNR)Payment Institution / RomaniaPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source3
SKNárodná banka Slovenska (NBS)Payment Institution / SlovakiaPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source4
SIBanka SlovenijePayment Institution / SloveniaPlace cash on a payment account, Cash withdrawal from a payment account +6EUR 125,000 source3 months source2
Sources
Annex I (Payment services) · Article 7 (Own funds / initial capital) · Article 19(1) (Use of agents) · Article 28(1) (Right of establishment / freedom to provide services) · Article 29(1) (Supervision of payment institutions exercising the right of establishment and freedom to provide services) · Article 30 (Measures in case of non-compliance, including precautionary measures)Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market (PSD2)http://publications.europa.eu/resource/celex/32015L2366.ENG
Article 5 (Applications for authorisation) · Article 11 (Granting of authorisation) · Article 18 (Activities) · Article 32 (Conditions for the small payment institution exemption)Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market (PSD2)https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32015L2366
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