Question ID
2019_4982
Legal act
Directive 2015/2366/EU (PSD2)
Topic
Authorisation and registration
Article
3
Paragraph
(o)
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Not applicable
Article/Paragraph
Not applicable
Type of submitter
Consultancy firm
Subject matter
Services offered by means of ATM by providers
Question

Which is the appropriate payment service for ATM withdrawals, where the ATM provider is required to be authorised but is acting on behalf of one or more card issuers, which are not a party to the framework contract with the customer withdrawing money from a payment account? 

Background on the question

Where a firm is providing cash withdrawal services offered by means of ATM, acting on behalf of one or more card issuers, which are not a party to the framework contract with the customer withdrawing money from a payment account, but is also conducting other payment services, the exemption in Article 3(o) makes it clear that authorisation is required. What is not clear is which of the payment services listed in Annex 1 to the Directive the ATM cash withdrawals should correctly be classified under. This could be: -

2. Services enabling cash withdrawals from a payment account (although this permission also includes "as well as all the operations required for operating a payment account."); or

3(b) Execution of payment transactions, including transfers of funds on a payment account with the user’s payment service provider or with another payment service provider:

(b) execution of payment transactions through a payment card or a similar device.

Submission date
Rejected publishing date
Rationale for rejection

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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.

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Status
Rejected question