Please note that the date you requested in the address for this web page is not an actual date upon which a change occurred to this item of legislation. You are being shown the legislation from , which is the first date before then upon which a change was made.
For the purposes of this Regulation:
‘reporting agent’ and ‘resident’ have the same meaning as defined in Article 1 of Regulation (EC) No 2533/98;
‘payment service’, ‘payment service provider’, ‘payment institution’ and ‘payment system’ have the same meaning as defined in Article 4 of Directive 2007/64/EC;
‘electronic money issuer’ and ‘electronic money institution’ have the same meaning as defined in Article 2 of Directive 2009/110/EC;
‘payment system operator’ means a legal entity that is legally responsible for operating a payment system.
1.The actual reporting population shall consist of payment service providers (including electronic money issuers) and/or payment system operators.
2.The reporting agents shall be subject to full statistical reporting requirements.
1.The actual reporting population shall report the statistical information to the NCB of the Member State in which the reporting agent is resident, as specified in Annex III and taking into consideration the clarifications and definitions provided in Annexes I and II.
2.The NCBs shall define and implement the reporting arrangements to be followed by the actual reporting population in accordance with national characteristics. The NCBs shall ensure that these reporting arrangements provide the statistical information required under this Regulation and allow accurate checking of compliance with the minimum standards for transmission, accuracy, compliance with concepts and revisions specified in Annex IV.
1.NCBs may grant derogations to reporting agents in respect of part or all of the reporting requirements set out in this Regulation:
(a)in the case of payment institutions, if they fulfil the conditions laid down in Article 26(1) and (2) of Directive 2007/64/EC;
(b)in the case of electronic money institutions, if they fulfil the conditions laid down in Article 9(1) and (2) of Directive 2009/110/EC;
(c)in the case of other payment service providers not mentioned in points (a) and (b), if they fulfil either the conditions laid down in Article 9(1) and (2) of Directive 2009/110/EC or in Article 26(1) and (2) of Directive 2007/64/EC.
2.NCBs may only grant derogations to reporting agents under paragraph 1 if these reporting agents do not contribute to a statistically significant coverage, at national level, of payment transactions for each type of payment service.
3.NCBs may grant derogations to reporting agents in respect of reporting transactions with non-MFIs, where: (a) the combined value of services specified in Table 4 of Annex III contributed by reporting agents benefiting from such derogation does not exceed 5 % at national level for each of such services; and (b) the reporting burden would otherwise be disproportionate in view of the size of such reporting agents.
4.If an NCB grants a derogation pursuant to paragraph 1 or 3, it shall notify the ECB thereof at the same time as it reports information pursuant to Article 6(1).
5.The ECB shall publish a list of entities granted derogations by the NCBs.
1.The Executive Board shall establish and maintain a list of payment service providers, including electronic money issuers, and payment system operators subject to this Regulation. The list will be based on existing lists of supervised payment service providers and payment system operators established by national authorities, where such lists are available.
2.The NCBs and the ECB shall make the list referred to in paragraph 1, and its updates, accessible to the reporting agents concerned in an appropriate way, including by electronic means, via the Internet or, at the request of the reporting agents concerned, in paper form.
3.The list referred in paragraph 1 shall be for information only. However, in the event that the latest accessible electronic version of the list referred to in paragraph 1 is incorrect, the ECB shall not impose sanctions on any entity that did not properly fulfil its reporting requirements to the extent that it relied in good faith on the incorrect list.
1.Statistical information, as specified in Annex III, shall be transmitted by the NCBs to the ECB on an annual basis by close of business on the last working day of May following the end of the year to which it relates.
2.NCBs shall decide when and with which periodicity they need to receive data from reporting agents in order to meet their reporting deadline to the ECB, and shall inform the reporting agents accordingly
The NCBs shall exercise the right to verify or to collect compulsorily the information which reporting agents are required to provide pursuant to this Regulation, without prejudice to the ECB’s right to exercise this right itself. In particular, the NCBs shall exercise this right when a reporting agent does not fulfil the minimum standards for transmission, accuracy, compliance with concepts and revisions specified in Annex IV.
By way of derogation from Article 6, first reporting pursuant to this Regulation shall start in June 2015 with statistical information relating to the reference period of the second half of the calendar year 2014 (i.e. as of July 2014).
Taking account of the STC’s views, the Executive Board shall be entitled to make technical amendments to the annexes to this Regulation, provided that such amendments neither change the underlying conceptual framework nor affect the reporting burden. The Executive Board shall inform the Governing Council of any such amendment without undue delay.
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Frankfurt am Main, 28 November 2013.
For the Governing Council of the ECB
The President of the ECB
Mario Draghi