Directive 2007/64/EC of the European Parliament and of the Council (repealed)Show full title

Article 3 Negative scope

This Directive shall apply to none of the following:

(a)

payment transactions made exclusively in cash directly from the payer to the payee, without any intermediary intervention;

(b)

payment transactions from the payer to the payee through a commercial agent authorised to negotiate or conclude the sale or purchase of goods or services on behalf of the payer or the payee;

(c)

professional physical transport of banknotes and coins, including their collection, processing and delivery;

(d)

payment transactions consisting of the non-professional cash collection and delivery within the framework of a non-profit or charitable activity;

(e)

services where cash is provided by the payee to the payer as part of a payment transaction following an explicit request by the payment service user just before the execution of the payment transaction through a payment for the purchase of goods or services;

(f)

money exchange business, that is to say, cash-to-cash operations, where the funds are not held on a payment account;

(g)

payment transactions based on any of the following documents drawn on the payment service provider with a view to placing funds at the disposal of the payee:

(i)

paper cheques in accordance with the Geneva Convention of 19 March 1931 providing a uniform law for cheques;

(ii)

paper cheques similar to those referred to in point (i) and governed by the laws of Member States which are not party to the Geneva Convention of 19 March 1931 providing a uniform law for cheques;

(iii)

paper-based drafts in accordance with the Geneva Convention of 7 June 1930 providing a uniform law for bills of exchange and promissory notes;

(iv)

paper-based drafts similar to those referred to in point (iii) and governed by the laws of Member States which are not party to the Geneva Convention of 7 June 1930 providing a uniform law for bills of exchange and promissory notes;

(v)

paper-based vouchers;

(vi)

paper-based traveller's cheques; or

(vii)

paper-based postal money orders as defined by the Universal Postal Union;

(h)

payment transactions carried out within a payment or securities settlement system between settlement agents, central counterparties, clearing houses and/or central banks and other participants of the system, and payment service providers, without prejudice to Article 28;

(i)

payment transactions related to securities asset servicing, including dividends, income or other distributions, or redemption or sale, carried out by persons referred to in point (h) or by investment firms, credit institutions, collective investment undertakings or asset management companies providing investment services and any other entities allowed to have the custody of financial instruments;

(j)

services provided by technical service providers, which support the provision of payment services, without them entering at any time into possession of the funds to be transferred, including processing and storage of data, trust and privacy protection services, data and entity authentication, information technology (IT) and communication network provision, provision and maintenance of terminals and devices used for payment services;

(k)

services based on instruments that can be used to acquire goods or services only in the premises used by the issuer or under a commercial agreement with the issuer either within a limited network of service providers or for a limited range of goods or services;

(l)

payment transactions executed by means of any telecommunication, digital or IT device, where the goods or services purchased are delivered to and are to be used through a telecommunication, digital or IT device, provided that the telecommunication, digital or IT operator does not act only as an intermediary between the payment service user and the supplier of the goods and services;

(m)

payment transactions carried out between payment service providers, their agents or branches for their own account;

(n)

payment transactions between a parent undertaking and its subsidiary or between subsidiaries of the same parent undertaking, without any intermediary intervention by a payment service provider other than an undertaking belonging to the same group; or

(o)

services by providers to withdraw cash by means of automated teller machines acting on behalf of one or more card issuers, which are not a party to the framework contract with the customer withdrawing money from a payment account, on condition that these providers do not conduct other payment services as listed in the Annex.