Regulation (EU) 2020/2011 of the European Central BankShow full title

Article 1 U.K. Amendments to Regulation (EU) No 1409/2013 (ECB/2013/43)

Regulation (EU) No 1409/2013 (ECB/2013/43) is amended as follows:

(1)

Article 1 is amended as follows:

(a)

point (b) is replaced by the following:

‘(b)

“payment service provider”, “payment institution”, “payment system” and “payment transaction” have the same meaning as defined in Article 4 of Directive (EU) 2015/2366 of the European Parliament and of the Council(1);’;

(b)

the following point (e) is added:

‘(e)

“payment service” means any of the business activities listed in Annex I to Directive (EU) 2015/2366 or any of the services listed in Article 4(3)(a) of this Regulation.’;

(2)

Article 2 is replaced by the following:

‘Article 2 Actual reporting population

The actual reporting population shall consist of payment service providers (including electronic money issuers) and payment system operators.’;

(3)

in Article 3, paragraph 1 is replaced by the following:

‘1. The actual reporting population referred to in Article 2 shall report the statistical information to the NCB of the Member State in which the relevant reporting agent is resident, either directly or via the relevant national competent authority pursuant to local cooperation arrangements, as specified in Annex III and taking into consideration the clarifications and definitions provided in Annexes I and II. Those reporting agents shall report the required statistical information in accordance with the minimum standards set out in Annex IV’;

(4)

Article 4 is replaced by the following:

‘Article 4 Derogations

1. For the purposes of granting derogations to reporting agents NCBs shall be guided by the principle of proportionality.

2. NCBs may grant derogations to the following reporting agents in respect of the reporting requirements referred to in Article 3(1) and in accordance with paragraphs 3 and 4:

(a) payment institutions, where they fulfil the conditions laid down in paragraphs 1 and 2 of Article 32 of Directive (EU) 2015/2366;

(b) electronic money institutions, where they fulfil the conditions laid down in paragraphs 1 and 2 of Article 9 of Directive 2009/110/EC;

(c) payment service providers other than those referred to in points (a) and (b), where they fulfil both the conditions laid down in Article 32(1) and (2) of Directive (EU) 2015/2366 and the conditions laid down in Article 9(1) and (2) of Directive 2009/110/EC.

For the purposes of the first subparagraph, NCBs may grant derogations regardless of whether reporting agents have been waived or exempted from prudential requirements pursuant to the relevant national law transposing Directive (EU) 2015/2366 and Directive 2009/110/EC.

3. NCBs may grant derogations in accordance with paragraph 4 to the reporting agents referred to in paragraph 2 where either of the following apply:

(a) the total value, as contributed by all payment service providers that could benefit from such derogation, of each of the following payment services does not exceed 5 % at national level:

(i)

credit transfers (sent),

(ii)

direct debits (sent),

(iii)

card-based payment transactions (sent and received),

(iv)

cash withdrawals using card-based payment instruments,

(v)

e-money payment transactions (sent),

(vi)

cheques (sent),

(vii)

money remittances (sent),

(viii)

other payment services (sent),

(ix)

payment initiation services,

(x)

other services not included in Directive (EU) 2015/2366 (sent);

(b) the total number of clients, as contributed by all payment service providers that could benefit from such derogation, of account information services does not exceed 5 % at national level.

For the purposes of point (a) the cumulative total value, as contributed by all payment service providers that could benefit from such derogation, of the payment services listed therein shall not exceed 5 % at national level.

For the purposes of this paragraph, NCBs may only grant derogations where the reporting burden would be disproportionate in view of the size of such reporting agents.

4. Reporting agents that have been granted derogations pursuant to paragraphs 2 and 3 shall report statistical information in accordance with Tables 4b and 5b of Annex III.

5. NCBs shall verify compliance with the conditions set out in paragraphs 2 and 3 on an annual basis and in good time in order to grant or withdraw any derogation with effect from the start of the second successive calendar year where necessary. That verification shall be based on the relevant reporting periods for the 12 months immediately preceding the reference period in which the assessment is conducted.

6. Where an NCB grants a derogation pursuant to this Article, it shall notify the ECB thereof at the same time as it reports information pursuant to Article 6.

7. The ECB shall publish a list of entities granted derogations by the NCBs pursuant to this Article.’;

(5)

Article 6 is replaced by the following:

‘Article 6 Timeliness

1. Statistical information reported in accordance with Annex III shall be transmitted by the NCBs to the ECB on a quarterly, semi-annual or annual basis and as follows:

(a) for reporting on a quarterly basis, statistical information set out in Table 9 of Annex III shall be transmitted by close of business on the last working day of the second month following the end of the relevant quarter;

(b) for reporting on a semi-annual basis, statistical information set out in Tables 1, 2, 3, 4a, 5a, 6, 7 and 8 of Annex III for the period January to June shall be transmitted by close of business on the last working day of November following the end of the first half of the year to which it relates. Statistical information for the period July to December shall be transmitted by close of business on the last working day of May following the end of the second half of the year to which it relates;

(c) for reporting on an annual basis, statistical information set out in Tables 4b and 5b of Annex III shall be transmitted with a half-yearly breakdown by close of business on the last working day of May following the year to which it relates;

2. NCBs shall establish clear reporting deadlines for reporting agents. Those reporting deadlines shall clearly determine the frequency with which reporting agents are to report to NCBs and shall ensure that NCBs are able to meet their reporting deadlines with the ECB set out in paragraph 1.’;

(6)

the following Article 8a is inserted:

‘Article 8a First reporting of quarterly, semi-annual and annual statistical information

1. Reporting to the ECB by the NCBs of quarterly and semi-annual statistical information shall begin with quarterly data for Q1 of 2022 by end-May 2022 and semi-annual data for H1 of 2022 by end-November 2022.

2. Reporting to the ECB by the NCBs for aggregated annual statistical information with a half-yearly breakdown in relation to reporting agents granted derogation pursuant to paragraphs (2) and (3) of Article 4 shall begin with the reference periods [H1 and H2 of 2022 by end-May 2023].’;

(7)

Annexes I, II and III to Regulation (EU) No 1409/2013 are replaced by Annexes I, II and III to this Regulation.

(1)

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 (OJ L 337, 23.12.2015, p. 35).’;