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Directive (EU) 2015/2366 of the European Parliament and of the CouncilShow full title

Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (Text with EEA relevance)

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  1. Introductory Text

  2. TITLE I SUBJECT MATTER, SCOPE AND DEFINITIONS

    1. Article 1.Subject matter

    2. Article 2.Scope

    3. Article 3.Exclusions

    4. Article 4.Definitions

  3. TITLE II PAYMENT SERVICE PROVIDERS

    1. CHAPTER 1 Payment institutions

      1. Section 1 General rules

        1. Article 5.Applications for authorisation

        2. Article 6.Control of the shareholding

        3. Article 7.Initial capital

        4. Article 8.Own funds

        5. Article 9.Calculation of own funds

        6. Article 10.Safeguarding requirements

        7. Article 11.Granting of authorisation

        8. Article 12.Communication of the decision

        9. Article 13.Withdrawal of authorisation

        10. Article 14.Registration in the home Member State

        11. Article 15.EBA register

        12. Article 16.Maintenance of authorisation

        13. Article 17.Accounting and statutory audit

        14. Article 18.Activities

      2. Section 2 Other requirements

        1. Article 19.Use of agents, branches or entities to which activities are outsourced

        2. Article 20.Liability

        3. Article 21.Record-keeping

      3. Section 3 Competent authorities and supervision

        1. Article 22.Designation of competent authorities

        2. Article 23.Supervision

        3. Article 24.Professional secrecy

        4. Article 25.Right to apply to the courts

        5. Article 26.Exchange of information

        6. Article 27.Settlement of disagreements between competent authorities of different Member States

        7. Article 28.Application to exercise the right of establishment and freedom to provide services

        8. Article 29.Supervision of payment institutions exercising the right of establishment and freedom to provide services

        9. Article 30.Measures in case of non-compliance, including precautionary measures

        10. Article 31.Reasons and communication

      4. Section 4 Exemption

        1. Article 32.Conditions

        2. Article 33.Account information service providers

        3. Article 34.Notification and information

    2. CHAPTER 2 Common provisions

      1. Article 35.Access to payment systems

      2. Article 36.Access to accounts maintained with a credit institution

      3. Article 37.Prohibition of persons other than payment service providers from providing payment services and duty of notification

  4. TITLE III TRANSPARENCY OF CONDITIONS AND INFORMATION REQUIREMENTS FOR PAYMENT SERVICES

    1. CHAPTER 1 General rules

      1. Article 38.Scope

      2. Article 39.Other provisions in Union law

      3. Article 40.Charges for information

      4. Article 41.Burden of proof on information requirements

      5. Article 42.Derogation from information requirements for low-value payment instruments and electronic money

    2. CHAPTER 2 Single payment transactions

      1. Article 43.Scope

      2. Article 44.Prior general information

      3. Article 45.Information and conditions

      4. Article 46.Information for the payer and payee after the initiation of a payment order

      5. Article 47.Information for payer’s account servicing payment service provider in the event of a payment initiation service

      6. Article 48.Information for the payer after receipt of the payment order

      7. Article 49.Information for the payee after execution

    3. CHAPTER 3 Framework contracts

      1. Article 50.Scope

      2. Article 51.Prior general information

      3. Article 52.Information and conditions

      4. Article 53.Accessibility of information and conditions of the framework contract

      5. Article 54.Changes in conditions of the framework contract

      6. Article 55.Termination

      7. Article 56.Information before execution of individual payment transactions

      8. Article 57.Information for the payer on individual payment transactions

      9. Article 58.Information for the payee on individual payment transactions

    4. CHAPTER 4 Common provisions

      1. Article 59.Currency and currency conversion

      2. Article 60.Information on additional charges or reductions

  5. TITLE IV RIGHTS AND OBLIGATIONS IN RELATION TO THE PROVISION AND USE OF PAYMENT SERVICES

    1. CHAPTER 1 Common provisions

      1. Article 61.Scope

      2. Article 62.Charges applicable

      3. Article 63.Derogation for low value payment instruments and electronic money

    2. CHAPTER 2 Authorisation of payment transactions

      1. Article 64.Consent and withdrawal of consent

      2. Article 65.Confirmation on the availability of funds

      3. Article 66.Rules on access to payment account in the case of payment initiation services

      4. Article 67.Rules on access to and use of payment account information in the case of account information services

      5. Article 68.Limits of the use of the payment instrument and of the access to payment accounts by payment service providers

      6. Article 69.Obligations of the payment service user in relation to payment instruments and personalised security credentials

      7. Article 70.Obligations of the payment service provider in relation to payment instruments

      8. Article 71.Notification and rectification of unauthorised or incorrectly executed payment transactions

      9. Article 72.Evidence on authentication and execution of payment transactions

      10. Article 73.Payment service provider’s liability for unauthorised payment transactions

      11. Article 74.Payer’s liability for unauthorised payment transactions

      12. Article 75.Payment transactions where the transaction amount is not known in advance

      13. Article 76.Refunds for payment transactions initiated by or through a payee

      14. Article 77.Requests for refunds for payment transactions initiated by or through a payee

    3. CHAPTER 3 Execution of payment transactions

      1. Section 1 Payment orders and amounts transferred

        1. Article 78.Receipt of payment orders

        2. Article 79.Refusal of payment orders

        3. Article 80.Irrevocability of a payment order

        4. Article 81.Amounts transferred and amounts received

      2. Section 2 Execution time and value date

        1. Article 82.Scope

        2. Article 83.Payment transactions to a payment account

        3. Article 84.Absence of payee’s payment account with the payment service provider

        4. Article 85.Cash placed on a payment account

        5. Article 86.National payment transactions

        6. Article 87.Value date and availability of funds

      3. Section 3 Liability

        1. Article 88.Incorrect unique identifiers

        2. Article 89.Payment service providers’ liability for non-execution, defective or late execution of payment transactions

        3. Article 90.Liability in the case of payment initiation services for non-execution, defective or late execution of payment transactions

        4. Article 91.Additional financial compensation

        5. Article 92.Right of recourse

        6. Article 93.Abnormal and unforeseeable circumstances

    4. CHAPTER 4 Data protection

      1. Article 94.Data protection

    5. CHAPTER 5 Operational and security risks and authentication

      1. Article 95.Management of operational and security risks

      2. Article 96.Incident reporting

      3. Article 97.Authentication

      4. Article 98.Regulatory technical standards on authentication and communication

    6. CHAPTER 6 ADR procedures for the settlement of disputes

      1. Section 1 Complaint procedures

        1. Article 99.Complaints

        2. Article 100.Competent authorities

      2. Section 2 ADR procedures and penalties

        1. Article 101.Dispute resolution

        2. Article 102.ADR procedures

        3. Article 103.Penalties

  6. TITLE V DELEGATED ACTS AND REGULATORY TECHNICAL STANDARDS

    1. Article 104.Delegated acts

    2. Article 105.Exercise of the delegation

    3. Article 106.Obligation to inform consumers of their rights

  7. TITLE VI FINAL PROVISIONS

    1. Article 107.Full harmonisation

    2. Article 108.Review clause

    3. Article 109.Transitional provision

    4. Article 110.Amendments to Directive 2002/65/EC

    5. Article 111.Amendments to Directive 2009/110/EC

    6. Article 112.Amendments to Regulation (EU) No 1093/2010

    7. Article 113.Amendment to Directive 2013/36/EU

    8. Article 114.Repeal

    9. Article 115.Transposition

    10. Article 116.Entry into force

    11. Article 117.Addresses

  8. Signature

    1. ANNEX I

      1. PAYMENT SERVICES (as referred to in point (3) of Article 4)

        1. 1. Services enabling cash to be placed on a payment account...

        2. 2. Services enabling cash withdrawals from a payment account as well...

        3. 3. Execution of payment transactions, including transfers of funds on a...

        4. 4. Execution of payment transactions where the funds are covered by...

        5. 5. Issuing of payment instruments and/or acquiring of payment transactions.

        6. 6. Money remittance.

        7. 7. Payment initiation services.

        8. 8. Account information services.

    2. ANNEX II

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