Commission Delegated Regulation (EU) 2019/411Show full title

CHAPTER 2 U.K. TRANSMISSION OF INFORMATION BY COMPETENT AUTHORITIES TO EBA

Article 5 U.K. Transmission of information by competent authorities to EBA

1. Competent authorities shall transmit to EBA the information to be contained in the electronic central register manually via a web user interface or automatically via an application to application interface.

2. Competent authorities shall notify EBA about their preferred approach for transmission of information under paragraph 1.

3. Competent authorities which have notified EBA that their preferred approach is to transmit information automatically shall be allowed to transmit information manually upon prior notification to EBA.

4. Competent authorities shall provide EBA with a hyperlink to their national public register. EBA shall make those hyperlinks publicly available in the electronic central register.

Article 6 U.K. Manual insertion and modification of information

1. Competent authorities which have decided to transmit information to EBA manually shall insert or modify information for their Member States in the web application of the electronic central register. The information shall be entered in the format specified in paragraphs 2 to 9 of Article 1 of the Commission Implementing Regulation (EU) 2019/410(1).

2. The manually inserted or modified information shall be made publicly available in the electronic central register after it has been validated by the application of that register in accordance with Article 8.

3. When manually inserted or modified information fails to be validated by the application of the electronic central register, the information shall be rejected and not be made publicly available. The internal user shall make the insertion or modification once again using the corrected information.

4. EBA shall insert a date and time stamp in the manually inserted or modified information in the electronic central register. That date and time stamp shall display the moment of the last change to the register.

5. Competent authorities shall ensure that all amendments to the content of their national public registers related to the granting or withdrawal of authorisation or registration are inserted in the electronic central register of EBA on the same day.

Article 7 U.K. Automated transmission of information

1. Competent authorities which have decided to transmit information to EBA automatically shall transmit the information directly from the applications of their national public registers to the application of the electronic central register.

2. EBA and the competent authorities shall ensure secure transmission of information between the applications of their respective registers in order to safeguard the authenticity, integrity and non-repudiation of the information transmitted, using strong and widely recognised encryption techniques.

3. Competent authorities shall transmit to EBA in a single batch file with a common standard and structured format (‘the batch file’) the whole set of information set out in paragraphs 2 to 9 of Article 1 of the Implementing Regulation (EU) 2019/410 contained in their national public registers.

4. The transmission of the batch file shall take place at least once each day on which the content of a national public register has been amended.

5. Where competent authorities amend the content of their national public registers in relation to the granting or withdrawal of authorisation or registration and they are unable to transmit those changes automatically, they shall insert them manually on the same day.

6. EBA shall allow the competent authorities to transmit a batch file once a day irrespective of whether the content of their national public registers has been amended.

7. The information automatically transmitted to the electronic central register shall be made publicly available in the register as soon as possible after the batch file has been processed and validated by the application of the electronic central register in accordance with Article 8 and at the latest by the end of the day on which the batch file was processed and validated. All information previously transmitted, or manually inserted by a competent authority, which is publicly available in the electronic central register shall be replaced by the subsequently transmitted information by that competent authority.

8. EBA shall not allow competent authorities to transmit a new batch file before they have received the outcome of the validation of their previously transmitted batch file.

9. Where automatically transmitted information fails to be validated by the application of the electronic central register, the whole set of information contained in the batch file shall be rejected and not be made publicly available in that register.

10. EBA shall insert a date and time stamp in the information automatically transmitted to the application of the electronic central register. That date and time stamp shall display the moment of the last synchronisation between the electronic central register and the national public registers.

Article 8 U.K. Validation of information

1. The application of the electronic central register shall validate information transmitted by competent authorities to EBA in order to avoid any missing information or duplication of information.

2. In order to avoid any missing information, the application of the electronic central register shall perform data validation on the fields filled in or transmitted by the competent authorities to EBA with the exception of the field for the commercial name of the natural or legal person.

3. In order to avoid duplication of the information, the application of the register shall perform data validation on each of the following fields:

(a) for payment institutions, natural or legal persons benefiting from an exemption pursuant to Article 32 of Directive (EU) 2015/2366, account information service providers, electronic money institutions, legal persons benefiting from an exemption pursuant to Article 9 of Directive 2009/110/EC of the European Parliament and of the Council(2), the institutions referred to in points (4) to (23) of Article 2(5) of Directive 2013/36/EU of the European Parliament and of the Council(3) and the persons whose authorisation or registration was withdrawn:

(i)

the national identification number;

(ii)

the relevant type of natural or legal person as referred to in paragraphs 2 to 9 of Article 1 of Implementing Regulation (EU) 2019/410;

(iii)

authorisation or registration date;

(b) for agents of payment institutions, natural or legal person benefiting from an exemption pursuant to Article 32 of Directive (EU) 2015/2366, account information service providers, electronic money institutions and legal persons benefiting from an exemption pursuant to Article 9 of Directive 2009/110/EC:

(i)

the national identification number of the agent;

(ii)

the national identification number of the natural or legal person on behalf of which the agent provides payment services;

(iii)

registration date;

(c) for service providers carrying out services under points (i) and (ii) of point (k) and point (l) of Article 3 of Directive (EU) 2015/2366:

(i)

the national identification number of the service provider;

(ii)

the exclusion under which the service provider carries out activities;

(iii)

the registration date.

4. Where the status of authorisation or registration of a natural or legal person, which has agents providing payment services on its behalf, has changed from ‘authorised’ or ‘registered’ to ‘withdrawn’, the application of the electronic central register shall not perform data validation on the agents linked to that person.

5. Competent authorities shall receive a response from the application of the electronic central register about the result of the data validation process as soon as possible in a clear and unequivocal way. The result of the data validation shall also include the percentage change to the content of the information previously transmitted.

6. Where the transmitted information fails the validation process, EBA shall include in its response to the competent authorities all the reasons for the rejection.

7. In the event of a failed validation where the amendments to the content of the national public register are related to granting or withdrawal of authorisation or registration, competent authorities which transmit information automatically shall, by the end of the day on which the validation failed, transmit a corrected or updated batch file with the whole set of information or manually insert the new amendments made to the content of their national public registers related to the granting or withdrawal of authorisation or registration.

8. For the purposes of the validation of national identification numbers competent authorities shall notify to EBA the types and the formats of the national identification numbers which they use in their national registers.

9. The application of the electronic central register shall enable competent authorities to insert an agent more than once in the register where the agent provides payment services on behalf of more than one natural or legal person. Each insertion shall be treated as a separate record.

Article 9 U.K. Information concerning agents

1. EBA and the competent authorities shall ensure that agents inserted in the electronic central register are linked to the natural or legal person on behalf of which they provide payment services.

2. Where a natural or legal person, which has agents providing payment services on its behalf, has its status of authorisation or registration changed from ‘authorised’ or ‘registered’ to ‘withdrawn’, the status of the agents linked to that natural or legal person shall be changed from ‘active’ to ‘inactive’.

Article 10 U.K. Responsibility of competent authorities

1. Competent authorities shall be responsible for the accuracy of information manually inserted in or automatically transmitted to the application of the electronic central register about the natural or legal persons authorised or registered by them, as well as the agents and service providers carrying out services under points (i) and (ii) of point (k) and point (l) of Article 3 of Directive (EU) 2015/2366 listed in their national public registers.

2. The application of the electronic central register shall enable internal users and applications of the national public registers to insert or modify the information for which their respective competent authority is responsible.

3. Competent authorities shall not be able to modify the information for which other competent authorities are responsible.

4. Competent authorities shall not be able to insert information concerning payment institutions, natural or legal persons benefiting from an exemption pursuant to Article 32 of Directive (EU) 2015/2366 and their agents, account information service providers, the institutions referred to in points (4) to (23) of Article 2(5) of Directive 2013/36/EU, electronic money institutions, legal persons benefiting from an exemption pursuant to Article 9 of Directive 2009/110/EC and their agents, and service providers carrying out services under points (i) and (ii) of point (k) and point (l) of Article 3 of Directive (EU) 2015/2366, established in another host Member State.

(1)

Commission Implementing Regulation (EU) 2019/410 of 29 November 2018 laying down implementing technical standards with regard to the details and structure of the information to be notified, in the field of payment services, by competent authorities to EBA pursuant to Directive (EU) 2015/2366 of the European Parliament and of the Council (see page 20 of this Official Journal).

(2)

Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).

(3)

Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).