CHAPTER 3AGENT PASSPORT APPLICATION
Article 10Information to be transmitted
1.
For the purposes of the first subparagraph of Article 28(2) of Directive (EU) 2015/2366, where an agent passport application is submitted by a payment institution, the competent authorities of the home Member State shall communicate the following information to the competent authorities of the host Member State:
(a)
the date of receipt of a complete and accurate passport application from the payment institution in accordance with Article 4;
(b)
the Member State in which the payment institution intends to operate by engaging an agent;
(c)
the type of the passport application;
(d)
the nature of the passport application and, where the use of the agent in the host Member State does not give rise to an establishment, a description of the circumstances taken into account by the competent authority in the home Member State in its assessment;
(e)
the name, the address and, where applicable, the authorisation number and the unique identification number of the payment institution in the home Member State in accordance with the formats set out in Annex I;
(f)
where available, the Legal Entity Identifier of the payment institution;
(g)
the identity and contact details of a contact person within the payment institution submitting the agent passport notification;
(h)
the identity and contact details of the agent engaged by the payment institution;
(i)
the unique identification number of the agent in the Member State where it is located, where applicable, in accordance with the formats provided in Annex I;
(j)
where applicable, the identity and contact details of the persons responsible for the central contact point, where this has been appointed in accordance with Article 29(4) of Directive (EU) 2015/2366;
(k)
the payment services to be provided in the host Member State by engaging the agent;
(l)
a description of the internal control mechanisms that will be applied by the agent in order to comply with requirements on anti-money laundering and terrorist financing under Directive (EU) 2015/849;
(m)
the identity and contact details 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.
2.
Where a payment institution has informed competent authorities in the home Member State of its intention to outsource operational functions of payment services to other entities in the host Member State, the competent authorities of the home Member State shall inform the competent authorities of the host Member State accordingly.
Article 11Transmission of the information
1.
The competent authorities of the home Member State shall transmit the information referred to in Article 10 to the competent authorities of the host Member State by means of the template set out in Annex III, and inform the payment institution that they have transmitted the information.
2.
Where there are multiple notifications to communicate, competent authorities may communicate aggregated information by using the fields set out in Annex III.
Article 12Communication of changes to the application
1.
Where, in accordance with Article 28(4) of Directive (EU) 2015/2366, a payment institution notifies the competent authorities of the home Member State of any relevant change to a previous agent passport application, the competent authorities of the home Member State shall communicate those relevant changes to the competent authorities of the host Member State.
2.
For the purposes of paragraph 1, the competent authorities of the home Member State shall transmit the relevant changes to the competent authorities of the host Member State by compiling only those parts of the template set out in Annex III that are affected by the changes.
Article 13Information on the start of the activities of the agent
For the purposes of the third subparagraph of Article 28(3) of Directive (EU) 2015/2366, the competent authorities of the home Member State shall communicate the date from which a payment institution commences its activities through an agent in a host Member State to the competent authorities of that host Member State without undue delay, by means of the template laid down in Annex VI to this Regulation.