- Question ID
-
2019_4921
- Legal act
- Directive 2015/2366/EU (PSD2)
- Topic
- Other topics
- Article
-
10
- Paragraph
-
1
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
-
Not appicable
- Name of institution / submitter
-
Bank of Lithunia
- Country of incorporation / residence
-
Lithuania
- Type of submitter
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Competent authority
- Subject matter
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Safeguarding requirements
- Question
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Are transactions where both the payer and the payee are outside the EEA (e.g. a transfer between China and Hong Kong) outside the scope of the safeguarding requirements or not?
- Background on the question
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According to the Article 10 of PSD2: “The Member States or competent authorities shall require a payment institution which provides payment services as referred to in points (1) to (6) of Annex I to safeguard all funds which have been received from the payment service users or through another payment service provider for the execution of payment transactions, in either of the following ways…”. Article 10 does not determine geographical scope of safeguarding provisions.
However in answer to question 250 (Q&A of PSD1) is clarified the scope of the PSD. It states that: “In accordance with Article 2, payment transactions will however only fall into the scope of the PSD when they fulfil two conditions: 1) Both payment service providers of the payer and of the payee are located in the Community. This is the case in your examples. 2) They are made in a currency of a Member State (for Titles III and IV). In the event of accounts denominated in a third country currency, the PSD will therefore not apply to the part of the transaction dealing with the debit/credit of those payment accounts, but will apply to the rest of the transaction if it is denominated in a currency of a Member State. Having in mind this answer it is questionable whether safeguarding provisions also fall into scope when only these two conditions are fulfilled.
- Submission date
- Rejected publishing date
-
- Rationale for rejection
-
Please note that as part of adjustments to the Single Rulebook Q&A process, agreed by the EBA and the European Commission, it has been decided to reject outstanding questions submitted before 1 January 2020, when the Q&A process was updated as part of the last ESAs Review. In particular, the question that you have submitted has now regrettably been rejected and will not be addressed.
If you believe your question would still benefit from clarification, you are invited to resubmit your question, adapting it to reflect any legislative, regulatory or other relevant developments that may have occurred since the initial date of submission. The EBA will aim to address resubmitted questions as a matter of priority. When considering to resubmit, you are kindly requested to observe the updated admissibility criteria agreed in the context of the adjustment of the Q&A process, available in the Additional background and guidance for asking questions. We hope for your understanding.
For further information please refer to the press release and the updated Q&A page.
- Status
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Rejected question