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Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions (Text with EEA relevance)
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Regulation (EU) 2015/751 of the European Parliament and of the Council, Article 3 is up to date with all changes known to be in force on or before 18 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1.Payment service providers shall not offer or request a per transaction interchange fee of more than 0,2 % of the value of the transaction for any [F1UK] debit card transaction .[F2, but this is subject to paragraphs 2 and 3.]
2.[F3The Treasury may by regulations] either:
(a)define a per transaction percentage interchange fee cap lower than the one provided for in paragraph 1 and may impose a fixed maximum fee amount as a limit on the fee amount resulting from the applicable percentage rate; or
(b)allow payment service providers to apply a per transaction interchange fee of no more than [F4the equivalent in sterling of EUR 0.05.] This per transaction interchange fee may also be combined with a maximum percentage rate of no more than 0,2 %, provided always that the sum of interchange fees of the payment card scheme does not exceed 0,2 % of the total annual transaction value of the [F5UK] debit card transactions within each payment card scheme.
3.Until 9 December 2020, [F6the Treasury may by regulations allow] payment service providers to apply a weighted average interchange fee of no more than the equivalent of 0,2 % of the annual average transaction value of [F7all UK] debit card transactions within each payment card scheme. [F8This power includes power to define] a lower weighted average interchange fee cap applicable to [F7all UK] debit card transactions.
[F93A.Regulations under paragraph 3 may amend regulation 23 of the Payment Card Interchange Fee Regulations 2015 (which contains provision for the purposes of paragraph 3 having effect as retained EU law).]
4.The annual transaction values referred to in paragraphs 2 and 3 shall be calculated on a yearly basis, commencing on 1 January and ending on 31 December and shall be applied starting from 1 April of the following year. The reference period for the first calculation of such value shall commence 15 calendar months before the date of application of paragraphs 2 and 3 and shall end three calendar months before that date.
5.[F10The Payment Systems Regulator ] shall, upon [F11its] written request, require payment card schemes and/or payment service providers to provide all information necessary to verify the correct application of paragraphs 3 and 4 of this Article. Such information shall be sent [F12 to the Payment Systems Regulator] before 1 March of the year following the reference period referred to in the first sentence of paragraph 4. [F13Any other information enabling the Payment Systems Regulator to verify compliance with the provisions of this Chapter shall be sent to the Payment Systems Regulator upon its written request and within the deadline set by it.] The [F14Payment Systems Regulator ] may require that such information is certified by an independent auditor.
Textual Amendments
F1Word in Art. 3(1) inserted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(2)(a) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 3(1) inserted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(2)(b) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 3(2) substituted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(3)(a) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 3(2)(b) substituted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(3)(b)(i) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in Art. 3(2)(b) substituted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(3)(b)(ii) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 3(3) substituted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(4)(a) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 3(3) substituted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(4)(b) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 3(3) substituted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(4)(c) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F9Art. 3(3A) inserted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(5) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 3(5) substituted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(6)(a) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F11Word in Art. 3(5) substituted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(6)(b) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 3(5) substituted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(6)(c) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 3(5) substituted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(6)(d) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 3(5) substituted (31.12.2020) by The Interchange Fee (Amendment) (EU Exit) Regulations 2019 (revoked) 2019 (S.I. 2019/284), regs. 1(2), 6(6)(e) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
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