CHAPTER IIOBLIGATIONS ON THE PAYMENT SERVICE PROVIDER OF THE PAYER

Article 4Complete information on the payer

1

Complete information on the payer shall consist of his name, address and account number.

2

The address may be substituted with the date and place of birth of the payer, his customer identification number or national identity number.

3

Where the payer does not have an account number, the payment service provider of the payer shall substitute it by a unique identifier which allows the transaction to be traced back to the payer.

Article 5Information accompanying transfers of funds and record keeping

1

Payment service providers shall ensure that transfers of funds are accompanied by complete information on the payer.

2

The payment service provider of the payer shall, before transferring the funds, verify the complete information on the payer on the basis of documents, data or information obtained from a reliable and independent source.

3

In the case of transfers of funds from an account, verification may be deemed to have taken place if:

a

a payer's identity has been verified in connection with the opening of the account and the information obtained by this verification has been stored in accordance with the obligations set out in Articles 8(2) and 30(a) of Directive 2005/60/EC;

or

b

the payer falls within the scope of Article 9(6) of Directive 2005/60/EC.

4

However, without prejudice to Article 7(c) of Directive 2005/60/EC, in the case of transfers of funds not made from an account, the payment service provider of the payer shall verify the information on the payer only where the amount exceeds EUR 1 000, unless the transaction is carried out in several operations that appear to be linked and together exceed EUR 1 000.

5

The payment service provider of the payer shall for five years keep records of complete information on the payer which accompanies transfers of funds.

Article 6Transfers of funds within the Community

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By way of derogation from Article 5(1), transfers of funds, where both the payment service provider of the payer and the payment service provider of the payee are situated in the Community, shall only be required to be accompanied by the account number of the payer or a unique identifier allowing the transaction to be traced back to the payer.

2

However, if so requested by the payment service provider of the payee, the payment service provider of the payer shall make available to the payment service provider of the payee complete information on the payer, within three working days of receiving that request.

Article 7Transfers of funds from the Community to outside the Community

1

Transfers of funds where the payment service provider of the payee is situated outside the Community shall be accompanied by complete information on the payer.

2

In the case of batch file transfers from a single payer where the payment service providers of the payees are situated outside the Community, paragraph 1 shall not apply to the individual transfers bundled together therein, provided that the batch file contains that information and that the individual transfers carry the account number of the payer or a unique identifier.